Articles related to ‘Treaty’
Friday, 12 March, 2010 | Peter Johnston
On Friday 19 February 2010 Rainey Collins Associate Dr Bryan Gilling presented a paper at the Lexis Nexis Public and Administrative Law Conference held at Te Papa in Wellington. Bryan’s paper summarised three major aspects of Treaty-related law over the past 12 months, namely:
1. Developments in the Waitangi Tribunal;
2. The Treaty of Waitangi in the Courts; and
3. The Foreshore and Seabed Act 2004 Review.
You can read Bryan’s… Continue reading
Friday, 19 December, 2008 | Jo-Ella Sarich
It is important to know at the outset of negotiations what redress is available. Here are some of the types of redress …
Financial and Commercial Redress
Financial and commercial redress is the part of the settlement which is primarily economic or commercial in nature, and is given a monetary value (called the redress quantum). The claimant may take the redress quantum in cash and/or use it to… Continue reading
Friday, 19 December, 2008 | James Johnston
Your group has decided to go into direct negotiations – now what? For many groups, direct negotiations can be a daunting prospect. Here are some tips to make sure you are prepared from the outset.
Understand The Stages Of The Process
It is important to understand the key stages of the settlement process. The Crown can be flexible and negotiations can depart from the usual stages … but… Continue reading
Friday, 19 December, 2008 | Peter Johnston
In the months leading up to 1 September 2008, over 2,000 new Treaty claims were lodged with the Waitangi Tribuanl.These are in addition to the 1,500 that had been lodged over the previous 33 years since the Tribunal was created in 1975. Was yours one of the new ones?
What If I Missed The Deadline?
If it is a contemporary claim – relating to Crown acts or omissions… Continue reading
Friday, 22 August, 2008 | Peter Johnston
The Treaty of Waitangi Research Unit at Victoria University of Wellington is publishing a second, revised edition of one of Rainey Collins Senior Solicitor Dr Bryan Gilling’s research papers on Maori land issues: ‘Most Barren and Unprofitable Land’: The Effectiveness of Twentieth-Century Schemes to Make Maori Land Usable and Profitable.
Bryan was also recently an organiser and participant in a conference held at Victoria University of Wellington on Raupatu… Continue reading
Tuesday, 5 August, 2008 | Peter Johnston
The settlement package comprises:
- An agreed historical account and Crown apology;
- A financial settlement of $25 million;
- $5 million as a contribution to the costs of settling the claims;
- Sale and leaseback opportunities for a number of prime real estate sites in central Wellington, including Archives New Zealand, the National Library of New Zealand, the High Court and Wellington Girl’s College.
- Right of first refusal
Wednesday, 26 September, 2007 | Alan Knowsley
The Court of Appeal recently granted leave for Whanganui River claimants to appeal a 2006 High Court decision.
Genesis Power is seeking resource consent to use the Whanganui River for the Tongariro Power Development scheme. The High Court quashed an Environment Court decision reducing the length of the resource consent from 35 years to 10 years.
The High Court decided that the claimants had failed to prove that… Continue reading
Thursday, 20 September, 2007 | Alan Knowsley
The Tribunal released its second report on the Te Arawa Settlement Process on 1 August 2007.
The Tribunal found that aspects of the Crowns processes of dealing with overlapping groups were inconsistent with the principles of the Treaty of Waitangi. The Tribunal commented that the Crown cannot continue to “pick favourites” and make decisions on tribal interests in isolation, based on inadequate information.
The Tribunal said it could… Continue reading
Thursday, 26 October, 2006 | Peter Johnston
Te Arawa iwi have recently negotiated two Treaty claim settlements with the Crown. They are also eligible for a share of the proceeds from the Maori fisheries settlement.
Lakes Settlement
The Te Arawa Lakes Settlement Act, signed by the Governor-General on 25 September 2006, benefits all members of Te Arawa. It includes:
- Cultural redress including the return to Te Arawa ownership of the beds of 13 lakebeds
Wednesday, 23 March, 2005 | Peter Johnston
The Foreshore and Seabed Act 2004 is not the final word on the foreshore and seabed debate. The United Nations has released its ruling on the way that the New Zealand Government chose to deal with the issue. In this article Campbell Duncan reviews the decision.
On 11 March 2005, the United Nations Committee on the Elimination of Racial Discrimination (“the Committee”) released its decision on the New Zealand… Continue reading
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