Takutai Moana - Sea Coast
Recent item
Takutai : the foreshore and seabed, by Peter Cleave.
Contents include : Traditional values and historical background -- The ministerial review of the Foreshore and Seabed Act 2004 -- The positions of political parties -- Restorative justice and the Foreshore and Seabed -- Agencies that might assist -- Co-management and co-governance.
Foreshore and Seabed Books
The state of Māori rights, by Margaret Mutu.
"The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a 'mainstream' media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective." (Publisher's information). Seabed and foreshore issues are discussed particularly in chapters 10-12.
Māori property rights and the foreshore and seabed : the last frontier / edited by Claire Charters and Andrew Erueti. Contents include: Pt. 1. Historical perspective. -- Foreshore and seabed in New Zealand law : a legal-historical introduction / Richard Boast -- Wi Parata is dead, long live Wi Parata / David V. Williams -- Pt. 2. Comparative perspective. -- An Australian comparision on Native title to the foreshore and seabed / Shaunnagh Dorsett -- Legal rights and legislative wrongs : Māori claims to the foreshore and seabed / Kent McNeil -- Pt. 3. Specific issues. -- The foreshore and seabed legislation: resource- and marine-management issues / Catherine Iorns Magallanes -- Fiduciary duties to Māori and the Foreshore and Seabed Act 2004: how does it compare and what have Māori lost? / Claire Charters -- Pt. 4. International perspective. -- The recognition of indigenous peoples' rights to traditional lands: the evaluation of states by international treaty bodies / Andrew Erueti.
Waitangi and indigenous rights : revolution, law and legitimation / by F. M. (Jock) Brookfield ; foreword by the Hon. Justice David Baragwanath.
"[Professor Brookfield's] central theme is how a revolutionary taking of power by one people over another may be partly legitimated. Wrongs done to those who suffered the takeover must then be redressed with due allowance for new rights and interests that have developed from it.The first part of the book deals with role of law in actual or threatened revolution, but especially in the revolutionary expansions of Western imperialism. In the second part the focus narrows to the British Crown's seizure of power over Aotearoa New Zealand from 1840, the counter-revolutionary challenges of Maori over the years, the establishment of the separate New Zealand Crown, and the present problems of doing justice to Maori constitutional claims...." (Syndetics summary) The Epilogue focuses on Māori customary title : foreshore and seabed and the Foreshore and Seabed Act.
Public policy and ethnicity : the politics of ethnic boundary making / edited by Elizabeth Rata, Roger Openshaw ; with a preface by Jonathan Friedman.
"Investigating the global process of ethnic politics at local levels, this collection, through a focus on policy areas such as education, business, government and health, demonstrates that recognizing ethnicity in public policy making not only creates artificial divisions and permanent boundaries, but also supports the reactionary politics of elites. The boundaries created between ethnic groups by public policy increases rather than decreases social division whilst doing little to alter patterns of social inequality. Book jacket."
Chap. 5. The paradox of indigenous rights : the controversy around the foreshore and the seabed in New Zealand, by Toon van Meijl.
The gathering storm over the foreshore and seabed : why it must remain in Crown ownership / Hugh Barr.
Discusses the background to the National Government's introducing a Bill to Parliament to remove Crown (i.e. public) ownership from New Zealand's foreshore and seabed, which will allow Maori tribal groups to own areas of the foreshore and seabed, including the currently Crown owned resources they contain. This major political issue is a result of National's pact with the Maori Party to share power. .... Privatisation to customary title means that tribal groups will be given very strong private property rights and so will be able to exploit the minerals, aquaculture, and control of recreational and commercial facilities (launching ramps, wharves, marinas, mooring buoys etc) in their areas, and charge fees to make money. .... The book is a lively and stimulating read that cuts through the National and Maori Parties' self-interest and secrecy. This is a very important issue that will adversely affect all New Zealanders for many years to come. (drawn from www.fishpond.co.nz)
Ngā tai matatū : tides of Māori endurance / Mason Durie.
"Durie's detailed and at times pedantic overview of Maori history, society, and politics puts forward a framework for analyzing Maori cultural endurance amid the tides of change. His "endurance" paradigm consists of five domains--spiritual, human, resources, global, and navigational--all of which interact with other factors, such as Maori ability to adapt to new environments, demographic trends, access to land and fishing resources, capacity to exercise a political voice, and success in exploiting the legal heritage. .... Building on the work of the tribunal, recent legislation and court decisions in New Zealand have recognized some of the principles of traditional Maori land tenure and extended Maori foreshore, seabed, and commercial fishing interests. " (drawn from Choice, courtesy of Syndetics). Note : Chap. 4. Takutai Moana ; between the tides.
Making sense of the foreshore and seabed : a special edition of the Maori Law Review / by Tom Bennion, Malcolm Birdling and Rebecca Paton.
"The Bill seeks to prevent the Courts from treating Māori claims to the foreshore and seabed as property rights and would reassert Crown ownership of the foreshore and seabed"--Foreword.
Foreshore and seabed, by Richard Boast. (2005)
Discourses and silences : indigenous peoples, risks and resistance / edited by Garth Cant, Anake Goodall and Justine Inns.
Backgrounding the Paeroa Declaration / Moana Jackson.
Report on the Crown's foreshore and seabed policy / New Zealand. Waitangi Tribunal.
Beyond biculturalism : the politics of an indigenous minority, by Dominic O'Sullivan.
Political leadership in New Zealand / edited by Raymond Miller and Michael Mintrom.
State of the Māori nation : twenty-first-century issues in Aotearoa / Malcolm Mulholland and contributors.
Discussion framework on customary rights to the foreshore and seabed / Te Ope Mana a Tai.
A foreshore primer / prepared by Te Hau Tikanga = The Maori Law Commission.
Walking the talk : a collection of Tariana's papers / edited by R.A. Selby.
Waitangi revisited : perspectives on the Treaty of Waitangi / [edited by] Michael Belgrave, Merata Kawharu and David Williams.
"Studying New Zealand political figures and analyzing the country's policies, this collection of essays investigates the role of leadership in debates about national identity, populism, immigration policy, globalization, foreign affairs, and the media." (Syndetics summary)
Includes : Resolving the foreshore and seabed dispute, by Matthew Palmer.
Includes : Chap. 8. Foreshore and seabed / Ken Hingston.
P. 43. Lands under the sea : foreshore and seabed, by Tom Bennion.
Websites
Te Takutai Moana : Economics, Politics & Colonisation volume 5 (second edition)
Ministry of Justice Marine and Coastal Areas
NZ. Department of Conservation.
Marine and Coastal Area (Takutai Moana) Act 2011
Chapman Tripp legal summary of the Act
Simpson Grierson implications of the Act for local authorities
Buddle Findlay implications and summary of the Act Russell McVeagh implications and summary of the Act
Water rights
- Bargh, Maria. Tino rangatiratanga : water under the bridge?, in, He pukenga kōrero ; vol. 8, no 2 (Sum 2007) pp 10-19.
- Bennion, Tom. Riverbeds as well as water rights, in, Karaka no 55 (Spr 2012) p.40.
- Easton, B. H. Water rights and ownership, in, New Zealand listener (4 Aug 2012) pp. 25-29.
- Healy, Kate. Getting into hot water : water ownership, asset sales, and the Waitangi Tribunal claim, in, New Zealand lawyer ; no. 189 (27 Jul 2012) pp. 14-15.
- Hook, Gary E. R. Cultural perspectives of fresh water, in, MAI review (online) (2011) 1-15.
- Ruru, Jacinta. Indigenous peoples and freshwater : rights to govern, in, Resource management journal, (Nov 2009) pp. 10-13.
- Ruru, Jacinta. Māori legal rights to water : ownership, management, or just consultation?, in, Resource management theory & practice (2011) pp 119-135.
- Schroder, Mark B. On the crest of a wave : indigenous title and claims to the water resource, in, New Zealand journal of environmental law; vol. 8 (2004) pp. 1-54.
- Taonui, Rawiri. The sea, rivers, lakes, foreshore, seabed and water, in Tu mai ; no. 83 (Feb 2007) pp. 40-42.
Articles
Note: Some articles are linked to the full text online, others link to the catalogue record for the entire magazine. Where links are to full text, we've noted this.
- Bargh, Maria. Changing the game plan : the Foreshore and Seabed Act and constitutional change, Kōtuitui [Internet resource], ; May 2006; vol.1 no.1:p.13-24.
- Bargh, Maria. The Foreshore and Seabed : what now for Maori and the Government, in, Macmillan Brown Working Paper series no. 15.
- Boast, Richard. Foreshore and seabed, again, in, New Zealand journal of public and international law ; vol. 9, no. 2 (Nov. 2011) pp. 271-283.
- Boast, Richard. Māori proprietary claims to the foreshore and seabed after Ngāti Apa, in, New Zealand Universities law review ; vol. 21, no. 1 (Jun 2004) pp. 1-25.
- Brookfield, F. M. Māori claims and the "special" juridical nature of foreshore and seabed, in, New Zealand law review ; no. 2 (2005) pp. 179-188.
- Brookfield, F. M. Māori customary title in foreshore and seabed, in New Zealand law journal (Feb 2003) pp.34-38.
- Charters, Claire. Developments in indigenous peoples' rights under international law and their domestic implications, in, New Zealand Universities law review ; vol. 21, no. 4 (Dec 2005) pp. 511-553.
- Charters, Claire and Erueti. A. Māori property rights and the foreshore and seabed, in Māori law review) ; (May 2004) pp. 1-6.
- Collins, Hēni. Seabed and foreshore : how did we get here?, in, Investigate ; vol. 10, no. 120 (Jan 2011) pp. 40-41.
- Dorsett, Shaunnagh. Interpreting customary rights orders under the Foreshore and Seabed Act : the new jurisdiction of the Māori Land Court, in, Victoria University of Wellington law review) ; vol. 36, no. 2 (Aug 2005) pp. 229-255. Erueti, Andrew. Translating Māori customary title into a common law title, in, New Zealand law journal ; (Nov. 2003) pp. 421-423.
- Erueti, Andrew. The use of international human rights fora to protect Maori property rights in the foreshore and seabed and in minerals, in Yearbook of New Zealand Jurisprudence, 2004; n.7 : p.86-110.
- Frame, Alex and Paul Meredith. Māori customary rights : the hard yards, in Te Matahauariki newsletter : (7) pp. 2-3 (2003).
- Harris, Rob. Customary rights and the foreshore and seabed debate, in, Resource management journal ; vol. 12, no. 1 (Mar 2004) pp 8-14.
- Inns, Justine. Pākia ki uta, pākia ki tai : the report on the Ministerial Review panel on the Foreshore and Seabed Act 2004 : what have we learned in five years?, in, Resource management journal), (Aug 2009) pp. 22-24.
- Jackson, Moana. Injustice compounded, in, Karaka ; no. 48 (Spr 2010) pp. 40-4.
- McHugh, P. G. Aboriginal title in New Zealand : a retrospect and prospect, in, New Zealand journal of public and international law ; vol. 2, no. 2 (Nov 2004) pp. 139-202.
- McHugh, P. G. Setting the statutory compass : the Foreshore and Seabed Act 2004, in, New Zealand journal of public and international law ; vol. 3, no. 2 (Nov. 2005) pp. 255-283.
- Mikaere, Ani, Nin Tomas and Kerensa Johnston. Treaty of Waitangi and Māori land law, in, New Zealand law review; no. 3 (2003) pp. 447-484
- Potaka-Dewes, Eru. The foreshore and seabed controversy, in, Mai i Rangiātea ; no. 2 (2004) pp 51-58
- Ruru, Jacinta. A politically fuelled tsunami : the foreshore/seabed controversy in Aotearoa me te Waipounamu/New Zealand, in JPS ; vol. 113, no. 1. (2004) pp. 57-72.
- Suszko, Abby. The marine and coastal area (Takutai Moana) Act 2011 : a just and durable resolution to the foreshore and seabed debate?, in, New Zealand universities law review ; vol. 25, no. 1 (Jun 2012) pp 148-179.
- Taonui, Rawiri. Takutai moana and beyond, in, Mana no. 99 (Apr/May 2011) p. 42-43.
- Te Aho, Linda. Contemporary issues in Māori law and society, in, Waikato law review ; vol. 13 (2005) pp 145-168..
- Te Aho, Linda. Tikanga Māori, historical context and the interface with Pākehā law in Aotearoa/New Zealand, in, Yearbook of New Zealand jurisprudence; vol. 10 (2007) pp. 10-14.
- Triegaartdt, Kim. The letdown, in, Karaka (online) ; no. 48 (Spr 2010) pp. 36-37.
- Triegaardt, Kim. Search for calm waters, in, Te Karaka (online) ; no. 45 (Sum 2009) pp. 26-31.
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