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Land and Rights: Then and Now

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Mon Sep 10 2007 12:00:00 GMT+1200 (New Zealand Standard Time)

Land and Rights: Then and Now

Monday, 10 September 2007, 11:29 am
Press Release: Victoria University of Wellington

10 September 2007

Land and Rights: Then and Now - the subject of two new books from VUP

A survey of current thinking around the Seabed and Foreshore Act and a biography of one of the central figures in land dealing in 19th-cenury New Zealand will resonate with all New Zealanders interested in the Pakeha settlement of Aotearoa and the wider issue of the land rights of indigenous people.

The Best Man Who Ever Served the Crown? A Life of Donald McLean by Ray Fargher

Donald McLean was born in Tiree in the Scottish Hebrides in 1820 and came to New Zealand in 1840.

His first government appointment was to the ‘Protectorate of Aborigines’ in 1843, and he was to have a major public role until his death in 1877, as Land Purchase Commissioner, Native Minister, and major landowner in his own right.

McLean was highly respected by Maori for his knowledge of Te Reo and respect for rank and protocol, and was closely involved in land dealings in the Taranaki and elsewhere that still have repercussions today.

Highly regarded by politicians and settlers for his ability to get things done, he was also denounced after his death for having failed to open up the King Country to settlement.

This monumental work of scholarship is the first full biography of one of the key actors in the drama of 19th-century New Zealand land dealing. It fills a gaping hole in NZ historiography, and will be an enormously valuable resource for future writers and researchers.

The Best Man Who Ever Served the Crown? A Life of Donald McLean by Ray Fargher Publication mid September 2007 ISBN 9780 86473 5607 Format trade paperback rrp $50.00 History

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Maori Property in the Seabed and Foreshore: The Last Frontier eds. Andrew Erueti and Claire Charters

In this recent era of indigenous peoples’rights recognition, many states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Within New Zealand we remain engaged in this process of reconciliation and while there has been significant progress, there remain many outstanding and controversial questions about the status of Maori and their treaty and customary rights. This fact was brought into sharp focus by the Court of Appeal decision of Ngati Apa.

The Ngati Apa decision was one of the most controversial modern decisions on Maori rights. Did it grant Maori tribes exclusive rights to the New Zealand coastline or was it merely an endorsement of their right to engage in long-practised traditional activities? It was quickly decided by government that Parliament would intervene and enact legislation to administer Maori customary claims to foreshore.

However, the speed with which the legislation was enacted left little time for meaningful debate and reflection.

Now that the dust has settled it is time to reflect more fully on these matters. This collection of essays does not aim to be an exhaustive treatment of the legal issues raised. It does, however, address many of the salient issues raised. Topics covered include the historical origins of Ngati Apa, how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, and how the FSA stacks up against international human rights law and environmental law.

Maori Property in the Seabed and Foreshore: The Last Frontier eds. Andrew Erueti and Claire Charters Publication mid September 2007 ISBN 9780 86473 5539 Format paperback 210mm x 148mm rrp $40 History

ENDS

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