LAWS413­16A (HAM)
Nga Tikanga Maori/Maori Customary Law
20 Points
FACULTY OF LAW
TE PIRINGA
STAFF CONTACT DETAILS
CONVENORS
Robert Joseph
Phone ext: 8796
Room: LAW.G.13
Office Hours: To be advised
Email: [email protected]
LIBRARIANS
Em Pooley: [email protected]
Jennifer Campion: [email protected]
Kay Young: [email protected]
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PAPER DESCRIPTION
A study of the origin, jurisprudential, philosophical, cultural and legal basis of Nga Tikanga Maori / Maori Customary Law.
PAPER STRUCTURE
This is a semester paper. The teaching component comprises two 2­hour lectures per week. All the lectures are compulsory and are
designed to assist in the completion of assessments and in particular individual research projects. Non­attendance at lectures may
therefore adversely affect a student’s final grade.
TIMETABLE
Te Piringa ­ Faculty of Law places great emphasis on providing students with opportunities for high achievement in law papers. Tutorials
allow students to learn effectively in small groups. Attendance is therefore required for satisfactory completion of the paper. An
understanding of topics and materials discussed in tutorials is essential for success in both internal assessment and examinations.
A record will be kept of student attendance at tutorials. Students who do not attend at least two of the first 3 tutorials will receive a letter
from the faculty. The letter will restate the importance of tutorials. The letter will also say that tutorial attendance will be a factor taken
into consideration in the event that the student is required to apply for re­entry.
LECTURES
Name
Time
Room
Lecture 1
Tue, 3:00 PM ­ 5:00 PM
TT.3.01
Lecture 2
Thu, 3:00 PM ­ 5:00 PM
TC.4.08
LEARNING OUTCOMES
Students who successfully complete the course should be able to:
identify and critically analyse Māori tikanga;
understand the role of Nga Tikanga Maori / Maori Customary Law in the mainstream Pakeha legal system;
and compare key concepts in Nga Tikanga Māori with those of the Pakeha legal system.
construct a detailed, well­formulated legal research proposal;
to make an oral presentation of research findings in an accessible, engaging and informative manner;
and further develop writing skills in the context of a substantial study in an area of particular interest to the student.
ASSESSMENT
INTERNALLY ASSESSED COMPONENTS
The internal assessment/exam ratio (as stated in the University Calendar) is 1:0. There is no final exam.
Component Description
Due Date
Time
Percentage
of internal
mark
1. Research Proposal
8 Apr 2016
5:00 PM
15
2. Seminar
12 Apr 2016
5:00 PM
15
3. Research Paper
10 Jun 2016
5:00 PM
65
4. Prepared Participation
Internal Assessment Total:
Submission Method
Compulsory
Online: Submit
✔
through Moodle
Presentation: In
✔
Class
Online: Submit
✔
through Moodle
5
100
Failing to complete a compulsory assessment component of a paper will result in an IC grade
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RESEARCH PROPOSAL
Each student will formulate their own topic, in consultation with the course lecturers, and will firstly prepare a full research proposal of
2000­3000 words containing:
a concise research statement;
an outline table of contents;
a commentary on the contents of the paper under each section heading; and
an annotated interim bibliography.
Care must be taken by the students to identify and pursue a well­defined ‘thesis’ throughout their study. A primary purpose of the
exercise is to develop the students’ ability to construct a detailed, well­formulated legal research proposal.
The research proposal is a compulsory requirement of this paper. Research proposals should follow the format set out in the Graduate
and Postgraduate Studies Handbook.
SEMINAR
From the proposal the student will prepare a full research paper. The student will give an oral presentation of their research paper as the
second component of assessment. There will be discussion in class about what is expected in this oral presentation. The primary aims
of the oral presentation are to:
develop the students’ ability to summarise a lengthy, specialist written project in an accessible, engaging and informative manner;
and
to assist the student in the completion of the research paper with feedback and comments.
RESEARCH PAPER
The research paper of up to 4000 words will allow students to concentrate their research on a topic of particular interest to them. They
will receive feedback on the proposal from the lecturer that will assist them in producing the final paper. There will also be other
opportunities to discuss students’ research progress. A research paper is considered appropriate for this type of course where students
are being introduced to a wide range of issues in class. A substantial paper enables students to explore one particular topic in depth.
The assignment is designed to refine students’ ability to prepare, research and write a substantial study.
HOW ACHIEVEMENT WILL BE MEASURED
Te Piringa Faculty of Law procedures for the presentation, submission and referencing of course work are set out in the Te Piringa
F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k @ p . 3 5 w h i c h i s a v a i l a b l e f r o mhttp://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate).
Assignment resources are available online athttp://www.waikato.ac.nz/law/student/ (http://www.waikato.ac.nz/law/student/)
Achievement in examinations and tests will be measured primarily in terms of levels of understanding and knowledge gained.
Achievement in assignments will be measured also in terms of fluency and accuracy of expression and referencing.
Major deficiencies in structure, style, grammar and spelling will result in lower marks.
ASSIGNMENT SUBMISSION AND COLLECTION PROCEDURE
All assignments must be submitted electronically through Moodle (http://elearn.waikato.ac.nz (http://elearn.waikato.ac.nz/)). See Te
P i r i n g a F a c u l t y o f L a w U n d e r g r a d u a t e H a n d b o o k , a v a i l a b l e a t http://www.waikato.ac.nz/law/undergraduate
(http://www.waikato.ac.nz/law/undergraduate). It is the policy of Te Piringa Faculty of Law to return marked work to students within five
weeks of submission. Unless a specified time is set down for the submission of an assignment, the time for submission of an
assignment is 12pm (noon) on the due date.
PROCESS FOR REQUESTING EXTENSIONS, SPECIAL CONSIDERATION AND FOR APPEALING MARKS
Extensions
Students are required to complete and submit all internal assessments by specified dates. The meeting of deadlines is a mark of
professionalism and its enforcement is essential for fairness to all students taking the paper. Handing in course work on or before the
due date also facilitates the timely return of marked work by academic staff. Students should meet requirements as to time deadlines
for course work, or make a request for an extension or special consideration in appropriate circumstances (see Undergraduate
Programmes Manual available from the School of Law Undergraduate website http://www.waikato.ac.nz/law/undergraduate/
(http://www.waikato.ac.nz/law/undergraduate/)). Failure to comply with requirements as to the time deadlines for internal assessment
without having successfully applied either for an extension or special consideration with supporting evidence before the due date will
result in deduction of 2.5 marks for each day or part thereof the work is late. Lateness of more than a week may result in the work not
being marked. No deadlines may be extended beyond two weeks after the last teaching day of the semester(s) in which the paper is
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taught as final grades must go to the Board of Examiners at this time. Unless an extension in writing has been granted, a lecturer may
refuse to accept a piece of work which is submitted after the specified date, and automatically award it no mark, or may lower the mark
as a penalty for lateness.
Applications for extension, on the form obtainable from the Law Reception, must be submitted to the Chief Examiner or nominee.
Students should not submit the extension form to the lecturer, nor should students seek extensions from the lecturer via other forms of
communication. Extensions will be granted only on evidence of illness, family bereavement, or serious personal accidents or
circumstances. Please note that too many assignments due at the same time is NOT an acceptable reason, neither are claims that
computers and/or printers have crashed. Account will be taken of the time in which the student has had to complete the internal
assessment before the intervening event occurred. It will be important to consider if the grant of the extension will give the student in
question an unfair advantage over other students. A maximum period of 14 days will be given as an extension unless there are
exceptional circumstances. In determining applications the Chief Examiner or nominee may consult with the Convenor or lecturer of the
relevant paper.
When the Chief Examiner or nominee has made a decision on the application for extension, the nominated Administrative Assistant will
advise the student of the decision by email. Following this, the extension form will be given to the relevant lecturer who will retain it until
after the assignment is marked and returned to students. The form will then be placed on the student’s file. It should be noted that if an
extension of longer than 14 days is granted, the assignment will not be automatically printed out and delivered to the lecturer, therefore
the lecturer is responsible for ensuring the assignment is printed. In appropriate cases, when a student’s application for extension is
declined the Chief Examiner or nominee will inform the student of the process for applying for special consideration.
Complaints procedures
The brochure Student Concerns and Complaints Policy provides details of the University’s process for handling concerns and
complaints and is available from Faculty and School Offices, The Gateway and Student Services Division and is contained in the
Calendar 2015. See also the document Student Support Structure at Te Piringa Faculty of Law, available from law reception.
TOPICS
Nga mahi Rangahau. Introduction and Overview of the Course; Whakawhanaunga / Tikanga Maori
Nga Tikanga a Waha. Maori Oral Traditions. “He iti te kupu, he nui te korero”. Tainui Regionals held on 8 March at Claudelands. How
Maori communicate at hui.
Nga Tikanga o te Waiata Tawhito / Songs as legal textbooks. “Kore te mokemoke…”
Nga Tikanga a Marae / Marae protocol for Lawyers.
Nga Whakaaro Maori/ Maori Concepts. Making submissions for iwi concerning the RENA disaster.
He waa korerotahi mo te Tuhinga Tuatahi./ Research Proposals
He Waahanga mo nga Hemana­a­Tauira (Seminar)
Kingitanga and Tainui/ the King Movement
Nga Kereme Tiriti/ WAI 262
Nga Wahine Maori/ Te Hauora Maori
SCHEDULE
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Week
Paper
1
University
9
Week
Beginning
Mon 29 Feb
Topics
Additional Information
Nga mahi Rangahau. Introduction
and Overview of the Course;
Whakawhanaunga / Tikanga Maori
2
10
Mon 7 Mar
Nga Tikanga a Waha. Maori Oral
Traditions. “He iti te kupu, he nui te
korero”. Tainui Regionals held on 8
March at Claudelands. How Maori
communicate at hui.
3
11
Mon 14 Mar
Nga Tikanga o te Waiata Tawhito /
Songs as legal textbooks. “Kore te
mokemoke…”
4
12
Mon 21 Mar
Nga Tikanga a Marae / Marae
protocol for Lawyers.
5
13
Mon 28 Mar
Nga Whakaaro Maori/ Maori
Concepts. Making submissions for
iwi concerning the RENA disaster.
6
14
Mon 4 Apr
He waa korerotahi mo te Tuhinga
Tuatahi./ Research Proposals
7
15
Mon 11 Apr
He Waahanga mo nga Hemana­a­
Tauira (Seminar)
8
16
Mon 18 Apr
Teaching Recess Week
9
17
Mon 25 Apr
Teaching Recess Week
10
18
Mon 2 May
He Waahanga mo nga Hemana­a­
Tauira (Seminar)
11
19
Mon 9 May
He Waahanga mo nga Hemana­a­
Tauira (Seminar)
12
20
Mon 16 May
He Waahanga mo nga Hemana­a­
Tauira (Seminar)
13
21
Mon 23 May
Kingitanga and Tainui/ the King
Movement
14
22
Mon 30 May
Nga Kereme Tiriti/ WAI 262
15
23
Mon 6 Jun
Nga Wahine Maori/ Te Hauora
Maori
16
24
Mon 13 Jun
Study Week
17
25
Mon 20 Jun
Exam Week
18
26
Mon 27 Jun
Exam Week
Schedule can be subject to change.
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REQUIRED AND RECOMMENDED READINGS
REQUIRED READINGS
All law students are required to purchase, for use in all law papers, a copy of McLay, Murray & Orpin, New Zealand Law Style Guide,
2nd edition, Thomson Reuters (2011). This is available from Bennetts, at an approximate price of $37 incl GST.
In addition to the texts identified below, the Faculty of Law requires that student’s purchase the course materials book(s) for this paper.
These are available from Waikato Print.
Students will be required to read material handed out prior to classes. A list of suggested background readings is attached as Appendix
A.
Further material may be provided on the paper site on Moodle (http://elearn.waikato.ac.nz), the University of Waikato’s online learning
system. Any such material is provided on the following terms:
University of Waikato owns the intellectual property rights, including copyright, in and to this site, or has acquired the necessary
licenses to display the material on the site. As a student of the Te Piringa ­ Faculty of Law, you are granted a limited license to use
(access, display or print a single copy) the material from the papers in which you are enrolled for the purposes of participating in the
paper only, provided the information is not modified. Materials may not under any circumstances be copied, stored, distributed or
provided in any form or method whatsoever to any third party. Any other use of the material is prohibited. None of the material may be
otherwise reproduced, reformatted, republished or re­disseminated in any manner or form without the prior written consent of University
of Waikato. To obtain such consent, please contact the Te Piringa ­ Faculty of Law.
RECOMMENDED READINGS
Suggested Readings
The Treaty of Waitangi
McNab, J(ed) 1980: Historical Records of New Zealand. Wellington, Government Printer (Hobson's "Instructions" re N.Z and related
correspondence are in Vol 1, pp729 ­ 755; see also Great Britain Parliamentary Papers Relating to New Zealand (GBPP) 1838 ­ 1840
Turton, H.H. 1879 (reprinted 1976); Facsimiles of the Declaration of Independence and theTreaty of Waitangi, Wellington, Government
Printer.
Colenso, W. 189 (reprinted 197 I): The Authentic and Genuine History of the Signing of theTreaty of Waitangi: Wellington, Government
Printer (Capper reprint).
Ross, R.M. 1972: Te Tiriti o Waitangi, Texts and Translations. N.Z .Journal of History 6 (2), 129 ­ 157.
Orange, C. 1987: The Treaty of Waitangi. Wellington, Allen and Unwin
Maori and Pakeha ­ some historical background
Butterworth, G.V. and Young, H.R. 1990: Maori Affairs.. Nga Take Maori. Wellington, GP Books for Iwi Transition Agency (a history of
the Department of Maori Affairs).
He Hinatore ki te Ao Maori, Ministry of Justice ( Wellington, Govet Printer 2004)
Mead, H Tikanga Maori (Wellington, Huia Pub, 2033)
Oliver, W.H. and Williams, B.R. (editors) 198 1: The Oxford History of New Zealand. Oxford U.P.
Sinclair, K. 1991: Kinds of Peace, Maori People after the Wars 1870 ­ 1885. AucklandUniversity Press.
Sorrenson, M.P.K 1979: Maori Origins and Migrations, The Genesis of Some Pakeha Myths.
Auckland and Oxford U.P
Sorrenson, M.P.K.1975 How to Civilise Savages, Some 'Answers' from Nineteenth Century
New Zealand. N.Z Journal of History. 9(2), 97 ­ 110
Stokes, E. 1980: A History of TaurangaCounty. Palmerston North, Dunmore.
Te Matapunenga – Benton R, Frame A, Meredith P, ( Wellington, Victoria Press 2013)
Ward, A. 1974 (reprinted 1995): A Show of Justice, Racial Amalgamation in Nineteenth
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Century New Zealand. Auckland and Oxford U.P See also the review by J.Binney 1975, New
ZealandJournal of History 9(2), 194 ­ 196
Wards, I. 1968: 71e Shadow of the Land, A study of British Policy and Racial Conflict in NewZealand1832 ­ 1852. Wellington,
Government Printer.
The Crown and the Treaty of Waitangi
Crown, Report of Submissions – Crown Proposals for the Treaty of Waitangi Claims (Wellington, Crown, 1995).
Department for Courts, Waitangi Tribunal – Te RoopuWhakamana I te Tiriti – Business Strategy 1998 (Wellington: Department for
Courts, 1998).
Department for Courts, Waitangi Tribunal – Te RoopuWhakamana I te Tiriti – Business Strategy 1997 (Wellington: Department for
Courts, 1997).
Office of Treaty Settlements 1994: Crown Proposal for the Settlement of Treaty of WaitangiClaims. Wellington, Department of Justice.
1. Summary; 2. Detailed Proposals; 3. Consultation with Maori.
Office of Treaty Settlements, Treaty of Waitangi claims – Direct Negotiations Process (Wellington: Office of Treaty Settlements, 1997).
Office of Treaty Settlements, Treaty of Waitangi claims – Direct Negotiations Process (Wellington: Office of Treaty Settlements, 1999).
Office of Treaty Settlements, Crown Negotiations Work Programme: How to Get There – A guideline to the Negotiations Work
Programme for claimants and counsel (Wellington: Office of Treaty Settlements, 1996).
Office of Treaty Settlements, Healing the Past, Building a Future – A Guide to Treaty of Waitangi Claims and Direct Negotiations with
the Crown (Wellington: Office of Treaty Settlements, 1999).
Parliamentary Commissioner for the Environment 1988: Environmental Management and thePrinciples of the Treaty of Waitangi, Report
on Crown Response to the Recommendations ofthe Waitangi Tribunal 1983 ­ 1988. Wellington, Office of the Commissioner.
Parliamentary Commissioner for the Environment 1994: Environmental Information and theAdequacy of Treaty Settlement Procedures.
Wellington, Office of the Commissioner.
1989: Principles for Crown Action on the Treaty of Waitangi. Wellington, Department of Justice.
Commentary on the Treaty and Waitangi Tribunal
Durie, E and Orr, G The Role of the Waitangi Tribunal and the Development of Bicultural Jurisprudence (1990) 14 NZULR 62.
Durie, E “Background Paper” in McLay, G (ed) Treaty Settlements: The Unfinished Business (Wellington, Victoria University of
Wellington Law Review and the New Zealand Institute of Advance Legal Studies Inc, 1996) 7.
Durie, M H Te Mana, Te Kawanatanga – The Politics of Maori Self­Determination (Auckland: Oxford University Press, 1998).
Durie, M H Te Mana, Te Kawanatanga – The Politics of Maori Self­Determination (Auckland: Oxford University Press, 1998).
Durie, M H “Proceedings of a Hui held at Hirangi Marae, Turangi” in McLay, G (ed) Treaty Settlements: The Unfinished Business
(Wellington, Victoria University of Wellington Law Review and the New Zealand Institute of Advance Legal Studies Inc, 1996) 19.
Durie, M H “The Treaty Was Always About the Future” ” in Coates, K S and McHugh, P G Living Relationships – KokiriNgatahi
(Wellington: Victoria University Press, 1998) 189.
Fleras, A and Spoonley, P Recalling Aotearoa – Indigenous Politics and Ethnic Relations in New Zealand (Auckland: Oxford University
Press, 1999).
Gardiner, W Return to Sender – What really happened at the fiscal envelope hui (Auckland: Reed Publishing (NZ) Ltd, 1996).
Henare, D “Carrying the burden of arguing the Treaty” in Capper, R in conversation with Brown, A & Ihimaera, W (ed) Vision Aotearoa –
Kaupapa New Zealand (Wellington: Bridget Williams Books Limited, 1994) 121.
Kawharu, 1.H. (ed) 1989: Waitangi: Maori and Pakeha Perspectives of the Treaty of Waitangi. Auckland. OxfordUniversity Press.
Kelsey, J.1990: A Question of Honour? Labour and the Treaty 1984 ­ 1989. Wellington, Allen and Unwin.
Kelsey, J “The Treaty Contradiction” in Kelsey, J Rolling Back the State – Privatisation of Power in Aotearoa/ New Zealand(Wellington:
Bridget Williams Books Limited, 1993) 231.
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Kelsey, J “The Mystery Envelope: What is the Government up to?” in The Fiscal Envelope – Economics, Politics & Colonisation
(Auckland: Moko Productions, 1995) 21.
Law Commission 1989: The Treaty of Waitangi and Maori Fisheries. Wellington, NZLC
Preliminary Paper No.9
McHugh, P. 199 1: The Maori Magna Carta, New Zealand Law and the Treaty of Waitangi Auckland, OxfordUniversity Press. 1
Temm. P. 1990: The Waitangi Tribunal, The Conscience of the Nation. Auckland, Random Century.
Theron, L Healing the Past: A Comparative Analysis of the Waitangi Tribunal and the South African Land Claims System (1997) paper
submitted as part of the LLB (Hons) programme at Victoria University of Wellington, (May 2000)
<http://www.kennett.co.nz/law/indigenous
Mahuta, R. T “Tainui: A Case Study of Direct Negotiations” in McLay, G (ed) Treaty Settlements: The Unfinished Business (Wellington,
Victoria University of Wellington Law Review and the New Zealand Institute of Advance Legal Studies Inc, 1996) 67.
Oliver, W H Claims to the Waitangi Tribunal (Wellington: Waitangi Tribunal Division & Daphne Brasell Associates Press, 1991).
Palmer, G “Where to from Here?” in McLay, G (ed) Treaty Settlements: The Unfinished Business (Wellington, Victoria University of
Wellington Law Review and the New Zealand Institute of Advance Legal Studies Inc, 1996) 151,
Patterson, J. 1992: Exploring Maori Values. PalmerstonNorth, Dunmore Press.
Renwick, W. 1990: The Treaty Now. Wellington GP Publications.
Scott, C. 1995: The Travesty of Waitangi. Dunedin, Campbell Press.
Sharp, A. 1995: Justice and the Maori: Maori Claims in New Zealand Political Argument in the1980s Auckland, OxfordUniversity Press.
Sharp, A Justice and the Maori – The Philosophy and Practice of Maori Claims in New Zealand since the 1970s (2nded) (Auckland:
Oxford University Press, 1998).
Sorrenson, M.P.K. 1990: Giving Better Effect to the Treaty. New Zealand Journal of History. 24 (2), 135 ­ 149.
Walker, R. 1990: Ka Whawhai Tonu Matou: Struggle Without End. Harmondsworth, Penguin Books.
Ward, A. 1990: History and Historians Before the Waitangi Tribunal. New Zealand Journal ofHistory 24(2), 150 ­ 167.
Ward, A An Unsettled History – Treaty claims in New Zealand today (Wellington: Bridget Williams books, 1999).
Williams, D Te Kooti Tango Whenua – The Native Land Court 1864­1909 (Wellington: Huia, 1999).
Williams, J V “Quality Relations: The Key to Maori Survival” in Coates, K S and McHugh, P G Living Relationships – Kokiri Ngatahi
(Wellington: Victoria University Press, 1998) 260.
OTHER RESOURCES
Waitangi Tribunal Reports:
Unpublished' Waitangi Tribunal Reports
Wai 3 Discharge of Sewage at WelcomeBay
Wai 5 Imposition of Land Tax
Wai 12 MotitiIsland
Wai 13 Fisheries Regulations
Wai 14 TokaanuBuilding Sections
Wai 15 Te Weehi Claim to Customary Fishing Rights
Wai 18 Lake Taupo Fishing Rights
Wai 19 Claim Relating to Maori 'Privilege'
Wai 25 Claim Relating to Maori Representation on the Auckland Regional Authority
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Wai 27 The Ngai Tahu Claim : Supplementary Report on NgaiTahu Legal Personality
Wai 34 Proposed Sewage Scheme at Kakanui
Wai 45 Kaimaumau Lands
Wai 67 Oriwa 1B3 Block
Wai 83 Waikawa Block
Wai 103 Roadman's Cottage, Mahia
Wai 167 Interim Report and Recommendation in Respect of the WhanganuiRiver Claim
Wai 176 Broadcasting Claim
Wai 202 Tamaki Maori Development Authority Claim
Wai 212 Interim Report on the Rangitaiki and WheaoRivers Claim
Wai 261 Interim Report on the AucklandHospital Endowments Claim
Wai 264 Auckland Railway Lands
Wai 264 RailwayLand at Waikanae
Wai 264 Wellington Railway Lands
Wai 264 South Auckland Railway Lands
Wai 273 Tapuwae 1B and 4 Incorporation
Wai 276 Interim Report on Sylvia Park and Auckland Crown Asset Disposals
Wai 321 Appointments to the Treaty of Waitangi Fisheries Commission Report
Wai 322 Tuhuru Claim
Wai 776 Radio Spectrum Management and Development Interim Report
Published Waitangi Tribunal Reports
Wai 1 Report of the Waitangi Tribunal on a Claim by J P Hawke and Others of Ngati Whatua Concerning the Fisheries Regulations
Wai 2 WaiauPa Power Station Claim
Wai 4 KaitunaRiver Claim
Wai 6 Motunui­Waitara Claim
Wai 8 Manukau Claim
Wai 9 Orakei Claim
Wai 10 WaihekeIsland Claim
Wai 11 Te Reo Maori Claim
Wai 17 Mangonui Sewerage Claim
Wai 22 Muriwhenua Fishing Claim
Wai 26 Allocation of Radio Frequencies
Wai 27 Ngai Tahu Report (vol I)
Wai 27 Ngai Tahu Report (vol II)
Wai 27 Ngai Tahu Report (vol III)
Wai 27 NgaiTahuSea Fisheries Report
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Wai 27 Ngai Tahu Ancillary Claims Report
Wai 32 Ngati Rangiteaorere Claim Report
Wai 33 Pouakani Report
Wai 38 Te Roroa Report
Wai 45 MuriwhenuaLand Report
Wai 46 Ngati Awa Raupatu Report
Wai 55 Te Whanganui­a­Orutu Report
Wai 55 Te Whanganui­a­Orutu Report on Remedies
Wai 84 TurangiTownship Report
Wai 84 TurangiTownship Remedies Report
Wai 119 MohakaRiver Report
Wai 14 Taranaki Report : KaupapaTuatahi
Wai 153 Preliminary Report on the Te Arawa Representative Geothermal Resource Claims
Wai 167 Whanganui River Report
Wai 212 Te Ika Whenua ­ Energy Assets Report
Wai 212 Te Ika Whenua Rivers Report
Wai 304 Ngawha Geothermal ResourceRiver Report
Wai 307 Fisheries Settlement Report
Wai 315 Te MaungaRailwaysLand Report
Wai 350 Maori Development Corporation Report
Wai 413 Maori Electoral Option Report
Wai 414 Te Whanau o Waipareira Report
Wai 449 Kiwifruit Marketing Report
Wai 718 Wananga Capital Establishment Report
Wai 776 Radio Spectrum Management and Development Final Report
Wai 789 Mokai School Report
Reports ofCommissions of Inquiry:
For a review of the Commissions of Inquiry Act 1908 and its Amendments see Department of Internal Affairs 1974: Royal Commissions
and Commissions of Inquiry. Wellington, Government Printer. The following is a selected list of reports relating to Maori issues which if
not published as a separate volume by the Government Printer can be found in the Appendicesto the Journals of the House of
Representatives (AJHR).
Report of the Commission on NativeLand Laws. AJHR 1891, G l (Rees Commission).
Report of the NativeLand Commission AJHR 1907, G l (Stout ­ Ngata Commission)
Report of the Royal Commission to Inquire into Surplus Lands of the Crown. AJHR 1948. G8 (Myers Commission).
Report of the Royal Commission to Inquire into Confiscated Lands. AJHR 1928, G7 (Sim Commission).
Report of the Royal Commission on Assessment of Rentals under West Coast Settlement Reserve Leases (Taranaki). AJHR 1948, G l
Report of the Royal Commission on Maori Claims to the WanganuiRiver. AJHR 1950, G2
Report of the Royal Commission on leases of certain Maori Vested Lands. AJHR 195 1, G5
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Report of the Royal Commission on Maori Payment Claims for WestTaupeTimberLands, Tarawera, Tataraakina, Mohaka and Opouturi
Blocks. AJHR 1951, G 1, G2, G4 and G7.
Report of the Royal Commission of Inquiry into Maori Reserved Land, 1975, Wellington, Government Printer.
Report of the Royal Commission on the Maori Courts 1980. Wellington, Government Printer.
Report of the Royal Commission on the Electoral System 1986. Wellington, Government
Printer.
Report of the Royal Commission on Social Policy 1988, Wellington, Government Printer.
Some Important Cases:
The Queen v Symonds [18471 NZPCC 387; see also D.V. Williams 1989: The Queen vSymonds reconsidered. Victoria University Law
Review 19 (4), pp.385 ­ 402.
Wi Parata v Bishop of Wellington [1877] 3 NZ Jur (N.S) S.C 72 (native title inferior; Treaty is a “simple nullity").
Nireaha Tamaki v Baker [1900] NZ PCC at p.382 (Prendergast's argument in Wi Parata "goes too far").
Te Heuheu Tukino v Aotea District Maori Land Board [1941] NZLR 590 (Treaty of Waitangi cannot be enforced by courts unless
incorporated in municipal law).
New ZealandMaori Council v Attorney General [1987] 1 NZLR 641 (recognition of Crown obligations under Treaty of Waitangi in transfer
of Crown assets to SOE).
Tainui Maori Trust Board v Attorney General [1989] 2 NZLR 513 (coal mining rights).
New ZealandMaori Council v Attorney General [1989] 2 NZLR 142 (Crown forests).
New Zealand Maori Council v Attorney General [1992] 2 NZLR 576 (broadcasting assets).
Attorney­General v New Zealand Maori Council [1991] 2 NZLR 129 (Broadcasting assets).
Te Weehi v Regional Fisheries Officer [1986] NZLR 680 (fishing rights).
Te Runanga o Muriwhenua Inc. v Attorney General [1990] 2 NZLR 641 (fishing rights).
Some International Perspectives:
Coates, K S “International Perspectives on Relations with Indigenous Peoples” in Coates, K S and McHugh, P G Living Relationships –
Kokiri Ngatahi (Wellington: Victoria University Press, 1998) 19.
Renwick, W (ed) 199 1: Sovereignty and Indigenous Rights, The Treaty of Waitangi inInternational Context. Wellington, Victoria
University Press.
Stokes, E. 1995: The Treaty­Making Process in British Columbia, An Interim Report. Hamilton, University of Waikato.
Wickliffe, C. 1994: Indigenous Claims and the Process of Negotiation and Settlement in
Countries with Jurisdictions and Populations Comparable to New Zealand's. Wellington,
Office of the Parliamentary Commissioner for the Environment.
Wickliffe, C “Issues for Indigenous Claims Settlement Policies Arising in Other Jurisdictions” in McLay, G (ed) Treaty Settlements: The
Unfinished Business (Wellington, Victoria University of Wellington Law Review and the New Zealand Institute of Advance Legal Studies
Inc, 1996) 114.
Web sites:
Waitangi Tribunal http://www.waitangi­tribunal.govt.nz
Office of Treaty Settlements http://www.ots.govt.nz
Indigenous Peoples and the Law http://www.kennett.co.nz/law/indigenous
Maori Law Review http://www.kennett.co.nz/maorilaw
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