Post by Kiwi Frontline on Feb 8, 2016 16:25:05 GMT 12
SHARING THE FUTURE
(excerpts)
PROFESSOR JANINE HAYWARD
"The Crown's apologies for what happened are hugely important in terms of nation-building ... The economic redress has really helped to change the economic circumstances for a lot of iwi and hapu.
"What people are much less aware of, is that once that's finished there are still a lot of conversations that the nation needs to have which are still important for the Treaty ... Because the economic issues by and large will have been addressed, but there's an awful lot of political issues still to talk about.''
It is as though there are two parallel histories of New Zealand, Prof Hayward says.
*****************************
PROF JACINTA RURU
Ownership begs the question; whose definition of the word is being applied?
"Maori do not use the English understanding of ownership ... The English concept is usually associated with exclusion, being able to do whatever you like with that land; in other words, full alienation right to the land. Those ideas are derived from common law.''
But the definition, according to Maori custom and law, is different.
"It doesn't necessarily mean exclusiveness. It doesn't necessarily mean full rights to dispose of it in any way that one sees fit."
And here comes the surprising rub: "We've already had a Supreme Court decision, in 2012, recognising that tikanga Maori, or Maori law, is part of our common law''.
"I think this is a real future for New Zealand; to consider our New Zealand law and the place of Maori law within it.
"It would become a New Zealand way of understanding our legal system and history and future.''
******************
EDWARD ELLISON
The Otakou Runanga continues to seek a mataitai, a customary fishing reserve, in Otago Harbour.
The maitaitai, which it applied for in 2008, would allow the runanga to manage all non-commercial fishing in the harbour.
"We are waiting for the minister to decide on that. We've been told, yes the decision is close at hand, but there's been no clear indication of when.'' ….
www.odt.co.nz/lifestyle/magazine/372018/sharing-future
(excerpts)
PROFESSOR JANINE HAYWARD
"The Crown's apologies for what happened are hugely important in terms of nation-building ... The economic redress has really helped to change the economic circumstances for a lot of iwi and hapu.
"What people are much less aware of, is that once that's finished there are still a lot of conversations that the nation needs to have which are still important for the Treaty ... Because the economic issues by and large will have been addressed, but there's an awful lot of political issues still to talk about.''
It is as though there are two parallel histories of New Zealand, Prof Hayward says.
*****************************
PROF JACINTA RURU
Ownership begs the question; whose definition of the word is being applied?
"Maori do not use the English understanding of ownership ... The English concept is usually associated with exclusion, being able to do whatever you like with that land; in other words, full alienation right to the land. Those ideas are derived from common law.''
But the definition, according to Maori custom and law, is different.
"It doesn't necessarily mean exclusiveness. It doesn't necessarily mean full rights to dispose of it in any way that one sees fit."
And here comes the surprising rub: "We've already had a Supreme Court decision, in 2012, recognising that tikanga Maori, or Maori law, is part of our common law''.
"I think this is a real future for New Zealand; to consider our New Zealand law and the place of Maori law within it.
"It would become a New Zealand way of understanding our legal system and history and future.''
******************
EDWARD ELLISON
The Otakou Runanga continues to seek a mataitai, a customary fishing reserve, in Otago Harbour.
The maitaitai, which it applied for in 2008, would allow the runanga to manage all non-commercial fishing in the harbour.
"We are waiting for the minister to decide on that. We've been told, yes the decision is close at hand, but there's been no clear indication of when.'' ….
www.odt.co.nz/lifestyle/magazine/372018/sharing-future