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The Native Lands Act 1865 was an Act of Parliament in New Zealand that was designed to remove land from Māori ownership for purchase by European settlers as part of settler colonisation. [1] The act established the Native Land Courts , individualised ownership interests in Māori land replacing customary communal ownership and allowed up to 5% ...
The Māori Land Court (Māori: Te Kōti Whenua Māori) is the specialist court of record in New Zealand that hears matters relating to Māori land. Established in 1865 as the Native Land Court , its purpose was to translate customary communal landholdings into individual titles recognisable under English law .
Paki v Attorney-General (No 2) was a case in the Supreme Court of New Zealand that considered whether “usque ad medium filum aquae”, the common law presumption that the purchaser of land adjoining a stream or river also obtains ownership of the waterway to its mid-point applied to the Waikato riverbed adjoining blocks of land at Pouakani, near Mangakino.
The New Zealand Parliament responded with the Native Lands Act 1862, the Native Rights Act 1865 and the Native Lands Act 1865 which established the Native Land Court (today the Māori Land Court) to hear aboriginal title claims, and—if proven—convert them into freehold interests that could be sold to Pākehā (New Zealanders of European ...
Ngati Apa v Attorney-General was a landmark legal decision that sparked the New Zealand foreshore and seabed controversy.The case arose from an application by eight northern South Island iwi for orders declaring the foreshore and seabed of the Marlborough Sounds Maori customary land. [1]
R v Symonds (The Queen v Symonds) was an 1847 New Zealand Supreme Court [a] case that incorporated the concept of aboriginal title into New Zealand law and upheld the government's pre-emptive right of purchase to Māori land deriving from the common law and expressed in the Treaty of Waitangi.
In 2004 a new Supreme Court was established, becoming New Zealand's court of last resort following the simultaneous abolition of the right to appeal to the Privy Council. [ 17 ] In 1865 a Native Land Court was established to "define the land rights of Māori people under Māori custom and to translate those rights or customary titles into land ...
The judiciary of New Zealand is responsible for the system of courts that interprets and applies the laws of New Zealand.It has four primary functions: to provide a mechanism for dispute resolution; to deliver authoritative rulings on the meaning and application of legislation; to develop case law; and to uphold the rule of law, personal liberty and human rights. [1]