Post by Kiwi Frontline on Nov 2, 2023 4:37:15 GMT 12
MĀORI TITLE TO MARINE AREAS COULD BECOME ‘EASIER’
A senior court finds a section of the Marine and Coastal Area Act could have ended up shutting many Māori out from gaining customary title, rather than enabling their legal rights
The first big Court of Appeal case covering Māori customary rights over the foreshore and seabed has seen the bench divided on how to interpret Parliament's intentions.
The split result has produced a more nuanced reading of the law, one that other judges will need to consider when dealing with iwi, hapū and whānau applications for rights over the shoreline and nearby waters....
www.newsroom.co.nz/maori-title-to-marine-areas-could-become-easier
FORESHORE AND SEABED: JUDGES SAY CURRENT TEST BREACHES TREATY OF WAITANGI
The Government-in-waiting has been called on to amend the foreshore and seabed law following a landmark decision in the Court of Appeal which is expected to lower the test for iwi to be awarded customary title in parts of coastal New Zealand.
Former attorney-general Chris Finlayson, who was responsible for the passage of the law, said at the time he expected about only 10 per cent of the coastal marine area would end up in customary marine title (CMT).
But the new decision is likely to lower the test and potentially increase the likelihood of a claim to succeed.....
www.nzherald.co.nz/nz/politics/foreshore-and-seabed-judges-say-current-test-breaches-treaty-of-waitangi/U7WXHDGG2VE6FP2JDG6E3NPHY4/
A senior court finds a section of the Marine and Coastal Area Act could have ended up shutting many Māori out from gaining customary title, rather than enabling their legal rights
The first big Court of Appeal case covering Māori customary rights over the foreshore and seabed has seen the bench divided on how to interpret Parliament's intentions.
The split result has produced a more nuanced reading of the law, one that other judges will need to consider when dealing with iwi, hapū and whānau applications for rights over the shoreline and nearby waters....
www.newsroom.co.nz/maori-title-to-marine-areas-could-become-easier
FORESHORE AND SEABED: JUDGES SAY CURRENT TEST BREACHES TREATY OF WAITANGI
The Government-in-waiting has been called on to amend the foreshore and seabed law following a landmark decision in the Court of Appeal which is expected to lower the test for iwi to be awarded customary title in parts of coastal New Zealand.
Former attorney-general Chris Finlayson, who was responsible for the passage of the law, said at the time he expected about only 10 per cent of the coastal marine area would end up in customary marine title (CMT).
But the new decision is likely to lower the test and potentially increase the likelihood of a claim to succeed.....
www.nzherald.co.nz/nz/politics/foreshore-and-seabed-judges-say-current-test-breaches-treaty-of-waitangi/U7WXHDGG2VE6FP2JDG6E3NPHY4/