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"In this era of indigenous peoples' rights recognition, states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. This fact was brought into sharp focus in New Zealand by the Court of Appeal decision of Ngati Apa." "This collection of essays does not aim to be an exhaustive treatment of the legal issues raised by Ngati Apa and the Foreshore and Seabed Act 2004 (the FSA). It does, however, address many of the most salient."--BOOK JACKET.
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"A comprehensive analysis of the manifestations, complexities and challenges arising out of the development of Māori governance structures post-Treaty of Waitangi settlement period. As well as bringing together the many elements that feed into the governance of Māori corporate entities, the text highlights key principles and best practices of Māori corporate governance... The book is separated into six substantial parts, starting with tikanga and mātauranga Māori in a governance context, then considering treaty settlements, sectoral governance, theoretical and constitutional issues, legal opportunities and constraints, and the way forward"--Back cover.
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"There is perhaps no issue in New Zealand today more contentious than water rights. The Crown claims that no one owns water, but its use, irrigation and treatment are controlled by local governments empowered by the Crown. Since the 1990s resource consents for the taking of water, in Canterbury and Southland especially, have increased dramatically and the environmental situation is reaching a breaking point. After years of discussion some kind of system regarding the ownership of water is inevitable. In Water Rights for Ngāi Tahu, Te Maire Tau considers the historical and political framework that has contributed to the current state of water rights in the Ngāi Tahu takiwā. He explores the customary, legal and Treaty frameworks that feed into the debate regarding the ownership of water. From 1844 to 1864 the Crown purchased more than 34.5 million acres of land from Ngāi Tahu, but in most purchase deeds water is not mentioned. How does this play into claims to water? Should the Treaty be relied upon? How far can kaitiakitanga take us if the goal is mana motuhake and tino rangatiratanga? In this short book Te Maire Tau lays out the historical background and context to water rights, and opens a discussion about where to proceed next in determining a Ngāi Tahu position on water."--Back cover.
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