Origins

Question 1

What is Kupe’s law?

Answer 1

First form of tikanga law brought to NZ.
Kupes Brought this to NZ while chasing a wheke.

whanuangatanga concept is established through kupe’s law

Question 2

what are the aspects of Tangata whenua law?

Answer 2

An obligation to do things the right way.

No one authoritative leader - leadership within community

Question 3

What does Maori law say about land?

Answer 3

Kaitiakitanga - reciprocal relationship

not one owner - opposite to English law

Question 4

Tikanga principles

Answer 4

Kaitiakitanga - Guardianship (over land and people)

Whanuangatanga - family relationships

Question 5

What is native lands Act 1865

Answer 5

established Maori land court - this court used tikanga principles to decide who owner the Maori land

Question 6

what did Takamore v Clarke do?

Answer 6

showed that tikanga principles can be used

“Maori custom according to tikanga is therefore part of the values of the NZ common law”

Question 7

Peter Ellis v King (recently decided)

Answer 7

Recently decided that mana does continue after death

Question 8

was the first relationship between Maori and europeans mutually beneficial?

Answer 8

Yes

Question 9

Why was declaration of independence 1835 important?

Answer 9

Maori have complete sovereignty of NZ
- This is true because you can not sign treaties unless you’re sovreign

Question 10

What did Wi Parata say about Maori sovereignty?

Answer 10

• Treaty was a “simple nullity”
  Maori did not have sovereignty
• Court held that English acquired sovereignty through discovery

Question 11

Article 1 of te tiriti o waitangi

Answer 11

Maori would transfer Kawangatanga

Question 12

Article 1 of the treaty of waitangi

Answer 12

Maori would transfer Tino rangitiratanga

Question 13

What did 1901 Nireaha Tamaki v Baker say about wi parata?

Answer 13

stated it was “rather late in the day” to consider the treaty a simple nullity.

Question 14

1975 treaty of waitangi Act

Answer 14

This was a defining moment as it recognised the treaty as a valid legal document.

Question 15

Does recognition of Native title mean dominion is gained?

Answer 15

No

Question 16

What did ToW say about Maori cutomary title?

Answer 16

They had “undisturbed possession”

Question 17

what did R v Symonds 1847 say about Maori cutomary title?

Answer 17

Recognises customary title
- Case about crowns right to preemption
- wouldn’t need preemption if they had sovereignty

Question 18

what did 1963 Ninety mile beach say about Maori customary title?

Answer 18

Bound by Wi Parataand seabed.
- Maori did not have customary title over the foreshore
- no dominium

Question 19

what did Ngati Apa 2003 say about dominium

Answer 19

The court is no longer bound by Wi
- “the transfer of sovereignty did not affect customary property”

Question 20

What did Foreshore and seabed Act 2004 say about dominium

Answer 20

Overrules Ngati Apa
- States crown owned foreshore and seabed
- suggest crown gained dominium in 1840
- At this point no one knows who has property - law is left uncertain

Question 21

What did foreshore and seabed Act say about Parliamentary supremacy?

Answer 21

• shows that parliament is supreme in NZ and can overrule constitutional documents like ToW

Question 22

What does Marine coastal Act 2011 say about PS

Answer 22

With enough Public outcry they will change policy to ensure selection
- shows a check on parliament.

Question 23

What did 2011 Marine Coastal Act say about domium

Answer 23

Neither Crown nor Maori held domium in NZ
- Leaves law uncertain.