Is the Treaty of Waitangi enforceable in court?

Is the Treaty of Waitangi enforceable in court?

The Tribunal does not enforce the law, but has the power to make recommendations to the government. Historical Treaty breaches are mostly settled by negotiations with the Crown through the Office of Treaty Settlements .

What does the Treaty of Waitangi say about land?

Treaty of Waitangi and the Land Claims Commission Under the second article of the Treaty of Waitangi, Māori were guaranteed ‘the full, exclusive and undisturbed possession of their lands and estates’, and only the Crown could purchase land from them.

Is the Treaty of Waitangi part of domestic law?

It is common now to refer to the intention, spirit or principles of the Treaty. The Treaty of Waitangi is not considered part of New Zealand domestic law, except where its principles are referred to in Acts of Parliament.

Why is the Treaty of Waitangi not a legal document?

That’s because it is currently accepted by the Supreme Court that sovereignty (or the right to make binding laws in New Zealand) lies with Parliament only. Only laws passed by Parliament are legally enforceable and the present view is that the Treaty pre-dated the transfer of sovereignty to Parliament.

How did Māori view land?

Māori regard land, soil and water as taonga (treasures). Māori are the kaitiaki (guardians) of these taonga, which provide a source of unity and identity for tangata whenua (local people). The loss of ancestral lands is a key issue for Māori.

How did Māori lose their land?

The land was lost through a combination of private and Government purchases, outright confiscation, and Native Land Court practices that made it difficult for Māori to maintain their land under traditional ownership structures. There were some purchases of Māori land made before the Treaty was signed.

What are the breaches of the Treaty of Waitangi?

Governments breached (broke the terms of the Treaty) almost from the time it was signed. Iwi lost many resources through: The government buying Māori land for low prices, leaving Māori with inadequate land reserves. Confiscation of land, especially following the New Zealand Wars.

What is the Treaty settlement process?

The Treaty settlement process is a staged process of negotiation between the Crown and defined Māori communities which is aimed at agreeing redress packages that will settle historical claims of breaches of Te Tiriti o Waitangi. It is a political process, though grounded in legal and constitutional rights.

What are claims to the Waitangi Tribunal?

What is a claim? Claims to the Waitangi Tribunal are allegations that the Crown has breached the Treaty of Waitangi by particular actions, inactions, laws, or policies and that Māori have suffered prejudice (harmful effects) as a result.

What is a historical Treaty of Waitangi settlement?

What is a historical Treaty of Waitangi settlement? The Treaty of Waitangi was signed by Māori rangatira, or chiefs, and representatives of the British Crown in 1840. The Treaty has 3 articles. The Treaty: gave sovereignty in New Zealand to the British Crown.

What is a historical claim in New Zealand?

Claims for breaches of the Treaty of Waitangi before 1992 are known as historical claims. Settlements aim to resolve these claims by providing some redress to claimant groups. What is a historical Treaty of Waitangi settlement? The Treaty of Waitangi was signed by Māori rangatira, or chiefs, and representatives of the British Crown in 1840.

What is the Māori Land Court?

The Māori Land Court is a judicial forum where people who own or have an interest in Māori land can interact about the current and future use, ownership, occupation and/or management of Māori land.