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Does the foreshore and seabed act 2004 breach the treaty of Waitangi, discuess what options are there for reconciling Maori treaty rights with the public interest regarding foreshore and seabed by Mind Map: Does the foreshore and seabed
act 2004 breach the treaty of
Waitangi, discuess what
options are there for
reconciling Maori treaty rights
with the public interest
regarding foreshore and
seabed
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Does the foreshore and seabed act 2004 breach the treaty of Waitangi, discuess what options are there for reconciling Maori treaty rights with the public interest regarding foreshore and seabed

Breachment of Treaty of Waitangi

Treaty of Waitangi Article 2

The Queen sti pulated in the Treaty that we should retain the mana of our lands, the mana of our forests, fi sheries, pipi grounds and other things (…). (Eruena Paerimu at Ōrākei, 1879,11 cited in 4-97-1, Merata Kawharu and Don Wackrow on behalf of Ngāti Whātua o Ōrākei Māori Trust Board)

The Queen stipulated in the Treaty that we should retain the mana of our lands, the mana of our forests, fisheries, pipi grounds and other things (…). (Eruena Paerimu at Ōrākei, 1879,11 cited in 4-97-1, Merata Kawharu and Don Wackrow on behalf of Ngāti Whātua o Ōrākei Māori Trust Board)

Ngati Apa

  It was only the land that I gave over to the Pākehās. The sea I never gave, and therefore the sea belongs to me. Some of my goods are there. I consider the pipis and fi sh are my goods. I have always considered them my goods up to the present ti me. (Āpihai Te Kawau at Ōrākei, 1879,9 quoted in 4-97-1, Merata Kawharu and Don Wackrow on behalf of Ngāti Whātua o Ōrākei Māori Trust Board)  

That was untill Ngāti Apa decided they wanted to make a mussel farm, but were ultimately denied by numerous places

The High-Court Appealed case "The Attorney General vs Ngāti Apa" stated that the maori landcourt had the power to make decisions of the FandSb

Foreshore and Seabed Act 2004

Government were mounting. They didnt wait the alienation of substational areas aswell as access to the coastline, and when they created the maori land courts, they never wanted it to be able to do f and sb - clarify status

Response, It gave owner to crown, and gave limited avenues for appeal to Maori, Said it was rushed and out of tune with prior New Zealand History Laws, also didnt give Ngati Apa to finshed a good Extensive chance to battle this out more, This led to the hikoi, bringing the issues to the forefront of discussion, Failure to uphold due democratic process, "Instrument of confiscation", Not much has happened since then, further highlighting the notion of breachment.

Public Interests

Public Ownership

Navigatoin and Access

Maori Interests

Same as they have been since Orakei, Kaitiakitanga, Mana ātua, mana tūpuna, mana moana, mana whenua

Options

Options

Maori Institutional Legal Framework

for mediating issues for the foreshore   Moana Jackson Video

Pakia ki uta, pakia te tai

Judicial Model

Staged Model

National Settlement Model

Mixed Model

Bi-cultural Body

Repeal the Act