Title 6:

[Cover photograph: Luke King / Cover image: fern sculpture by Virginia King]


Native and Māori Land Legislation
in the Superior Courts, 1840-1980

by Grant Young, Tom Bennion and Michael Belgrave

Edited by Graeme MacRae and Jennifer Lawn

Social and Cultural Studies 6
(November 2005)
ISSN: 1175-7132


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Abstract:

While Maori appeals to the Treaty of Waitangi since 1840 have been increasingly appreciated in recent decades, the extent of Maori participation in the legal system in the past has received only limited attention. Not only were Maori grievances articulated in both judicial and political environments, through legal proceedings in the superior courts and petitions to parliament, Maori landowners took action to protect their property rights and maintain their customary interests. This monograph is based on a study of 610 reported decisions of the superior courts which dealt with Maori land and the legislative framework which administered Maori land from 1840 to 1980. This surprisingly high number of cases demonstrate, particularly from the 1870s, Maori engagement with constitutional processes. Maori acted to pursue their interests to the greatest extent possible within the institutions of the emerging colonial state despite the political, legal and financial constraints it imposed.

Keywords: Native Land Court, Maori Land Court, customary law, native title, legislation, colonisation.

Notes on Contributors:

Prof Michael Belgrave teaches History and Social Policy in the School of Social and Cultural Studies, Massey Albany.

Tom Bennion is a Wellington-based Barrister and Solicitor, specialising in the fields of Māori land law and Treaty of Waitangi claims.

Dr Grant Young is a researcher into Māori land titles, specialising in Treaty of Waitangi claims. He is based in the School of Social and Cultural Studies, Massey Albany.

Title 3:

[Cover photograph: Luke King / Cover image: fern sculpture by Virginia King]


Different Music, Same Dance:
Te Taou and the Treaty Claims Process

by Lily George

Introduction by Graeme MacRae

Afterword by John Paaka Edwards & Lou Paul (Paora)
on behalf of The Claims Committee Te Taou (Wai) 756

Social and Cultural Studies 3
(June 2004)
ISSN: 1175-7132


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Abstract:

The Treaty of Waitangi Act (1975) and its Amendment (1985) heralded a process that has seen dramatic and far-reaching changes in the organisation and politics of Maori society. From less than auspicious beginnings, the Waitangi Tribunal has come to represent one of the few avenues to justice for many Maori. The Te Taou peoples of Kaipara, Mahurangi and Taranaki Makaurau regions have gained much from participating in the claims pro­cess, particularly through gathering a comprehensive history which challenges the notion that Te Taou were a hapu of the Ngati Whatua iwi. In their journey to reclaim their identity and heritage, Te Taou have become embroiled in a procedure which requires intricate steps to the retrogressive music of bureaucratic maneuvering.

Keywords: treaty claims process, Waitangi Tribunal, Crown Forestry Ren­tals Trust, Te Taou, Ngati Whatua, Maori identity, colonisation.

Notes on Contributors:

Lily George is of Te Kapotai, Ngapuhi and Pakeha descent. She is a student and more recently a teacher of social anthropology. In 2000 she worked as a consultant to the people of Te Taou, preparing evidence for their claim (Wai 756) to the Waitangi Tribunal.

Dr Graeme MacRae is a lecturer in Anthropology in the School of Social and Cultural Studies at Massey Albany.

Welcome

[Cover photograph: Luke King / Cover image: fern sculpture by Virginia King]

Social and Cultural Studies is a quality-assured interdisciplinary monograph series produced in the School of Social and Cultural Studies at Massey University’s Auckland campus. This series aims to generate debate and share insights in areas of common interest to scholars and students in the humanities and social sciences. Essays that are eclectic in approach, analytically innovative, avoid unnecessary jargon, and stimulate the imagination are especially encouraged.

Editorial board:

• Dr Jack Ross
• Dr Jennifer Lawn
• Dr Graeme MacRae

Contributors wishing to have their work considered for publication should submit two copies of the manuscript in APA format. For peer review purposes, the contributor’s name should not appear on the manuscript.

Social and Cultural Studies uses the APA referencing format. Submitted manuscripts should conform to this format. A basic formatting guide can be consulted online here or downloaded from here.

Submissions and enquiries:

The Editor
Social and Cultural Studies
School of Social and Cultural Studies
Private Bag 102 904
North Shore Mail Centre
Auckland
AOTEAROA/NEW ZEALAND

J.R.Ross@massey.ac.nz
Ph: 64 9 414 0800 ext 9506
Fax: 64 9 441 8162

http://sscs.massey.ac.nz/

Copies of the various titles in the Social and Cultural Studies series may be ordered online from the School Administrator, School of Social and Cultural Studies, or from the above mail address (add $2.00 for postage and packaging).