May 13, 2021

Maori News & Indigenous Views

Treaty Law Debate

1 min read

Recently,Rainey Collins Associate DrBryanGilling presented a paper at a national conference on Public and Administrative Law held at Te Papa.Bryans paper summarised developments in Treaty-related law during the last year. He focused on three major aspects, namely:

  1. Developments in the Waitangi Tribunal;
  2. The Treaty of Waitangi in the Courts; and
  3. The Foreshore and Seabed Act 2004 Review.

We thought that for those of you who might be interested in being kept up to date on these issues, so you can read Bryans conference paper here.

This is a fast-moving area of law. Since he gave that paper, the Government has made its proposals for overhauling the Foreshore and Seabed Act public, key amongst them being the concept of having no-one owning the foreshore but redesignating it as public domain. Also, the decision has been made to appeal thePaki Waikato riverbed case to the Supreme Court. This case is about the beds of navigable rivers. They have been owned by the Crown since a statute passed in 1904, overriding the usual situation where a landowner owns from the edge of a river out to the middle.

Please contact Bryan on [email protected] should you have queries or further suggestions.

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