The Maori Magna Carta : New Zealand law and the Treaty of Waitangi /

The Maori Magna Carta : New Zealand law and the Treaty of Waitangi / Paul McHugh.

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"This account of the law surrounding the Treaty of Waitangi not only considers the constitutional nature of the relationship between Maori and Parliament, but also describes the legislative activities of the New Zealand Parliament regarding Maori, the role of the Waitangi Tribunal, and the laws...

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Bibliographic Details
Main Author: McHugh, Paul G., 1958-
Format: Book
Language:English
Published: Auckland, N.Z. : Oxford University Press, 1991.
Subjects:
Treaty of Waitangi > (1840 February 6)
Māori (New Zealand people) > Legal status, laws, etc.
Māori (New Zealand people) > Government relations.
Māori (New Zealand people) > Civil rights.
Māori (New Zealand people) > Land tenure.
Constitutional law > New Zealand.
Constitutional history > New Zealand.
Treaty of Waitangi (6 February 1840)
Maori.
New Zealand > Politics and government > 1972-
Treaties.
Table of Contents:
  • The 'principles of the Treaty of Waitangi'
  • The constitutional basis of the crown's sovereignty over New Zealand and the Maori tribes
  • The common law sources of Maori rights and a brief legal history of Maori land
  • The legal status of Maori customary law
  • The legal status of Maori property rights: common law aboriginal title
  • Treaty rights and the common law: the treaty as a self-contained source of rights
  • Treaty rights and international law
  • The fiduciary duty of the crown to the Maori tribes
  • The principles of statutory interpretation, administrative law and practice and the Treaty of Waitangi
  • Introduction: parliament and Maori rights
  • The Treaty of Waitangi Act: the Waitangi tribunal
  • The Maori Affairs Act 1953: the Maori courts and Maori land tenure
  • A jurisprudential epilogue: 'law', 'rights', 'principles', conspiracies, and the Treaty of Waitangi.

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