Maori property rights and the foreshore and seabed

"In this recent era of indigenous peoples rights recognition, many states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Within New Zealand we remain engaged in this process of reconciliation and while there has been significant progress, there remain many outstanding and controversial questions about the status of Maori and their treaty and customary rights. This fact was brought into sharp focus by the Court of Appeal decision of Ngati Apa.

The Ngati Apa decision was one of the most controversial modern decisions on Maori rights. Did it grant Maori tribes exclusive rights to the New Zealand coastline or was it merely an endorsement of their right to engage in long-practised traditional activities? It was quickly decided by government that Parliament would intervene and enact legislation to administer Maori customary claims to foreshore. However, the speed with which the legislation was enacted left little time for meaningful debate and reflection.

Now that the dust has settled it is time to reflect more fully on these matters. This collection of essays does not aim to be an exhaustive treatment of the legal issues raised. It does, however, address many of the salient issues raised. Topics covered include the historical origins of Ngati Apa, how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, and how the FSA stacks up against international human rights law and environmental law. They are essays written by academics on topics that fall within their area of expertise. The general tenor is that New Zealand in its haste has enacted legislation that undermines the rights of Maori tribes. In short, the view is that the reconciliation process has tipped too far in favour of the rights of the state and non-Maori. While the foreshore may be the last frontier in terms of terra firma in this country, there are many challenging issues ahead of us." -- Provided by Publisher

Call Number: 
KUQ2556 .M36 2007
Title Responsibility: 
edited by Claire Charters and Andrew Erueti.
Author Information: 
Dr Claire Charters is an associate professor at the University of Auckland Law School. Claire’s primary area of research is in indigenous peoples’ rights in international and constitutional law, often with a comparative focus. She has worked extensively on indigenous peoples' rights at an international level, including for the United Nations Office of the High Commissioner for Human Rights and as an advisor to the United Nations President of the General Assembly. Andrew Erueti's primary area of research is indigenous customary law and legal pluralism, the human rights of children in institutional care, and indigenous peoples’ human rights. From 2007 - 2013 he was Amnesty International's adviser on Indigenous rights in its head office London and then the UN-office in Geneva. From 2018 – 2023 he is a commissioner on the Royal Commission of Inquiry into Historical Abuse in State Care and in the Care of Faith-based Institutions. In 2019, he will teach the Executive section of the Public Law course and assist with the human rights clinic. His book 'International Indigenous Rights: A Pluralist Approach to Implementation' will be published by Oxford University Press in 2019.
Production Place: 
Wellington [N.Z.] :
Producer: 
Victoria University Press,
Production Date: 
c2007.
Band Tribe Geography Time: 
Māori people
Reviews: 

McCormack, Fiona. "Reviewed Work: Maori Property Rights and the Foreshore and Seabed: The Last Frontier by Andrew Erueti." Pacific Affairs, vol. 82, no. 3, 2009, p. 559-561. https://www-jstor-org.myaccess.library.utoronto.ca/stable/pdf/25608955.p....

Hayward, Janine. "Maori Property Rights and the Foreshore and Seabed: The Last Frontier." Political Science, vol. 60, no. 1, 2008, pp. 168-170. https://www-tandfonline-com.myaccess.library.utoronto.ca/doi/pdf/10.1177....

Recommended For: 
Research
Catalogue Key: 
6526782
Law Subject(s): 
Land Claims
Table of Contents: 
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