the Lands case

E901065

The Lands case is a landmark 1987 New Zealand court decision that defined the Crown’s obligations under the Treaty of Waitangi in the context of transferring state-owned land to new entities.

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the Lands case canonical 1

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Statements (47)

Predicate Object
instanceOf New Zealand court case
landmark court decision
bench Sir Edward Somers
Sir Gordon Bisson
Sir Ivor Richardson
Sir John McMullin
Sir Robin Cooke
citation [1987] 1 NZLR 641
concerns Crown obligations under the Treaty of Waitangi
interpretation of section 9 of the State-Owned Enterprises Act 1986
transfer of state-owned land to state-owned enterprises
country New Zealand
court Court of Appeal of New Zealand
decisionDate 1987-02-06
decisionYear 1987
defendant Attorney-General of New Zealand
definedConcept principles of the Treaty of Waitangi
geographicScope New Zealand
hasAlternativeName New Zealand Maori Council v Attorney-General
SOE case
heldThat section 9 of the State-Owned Enterprises Act 1986 has overriding effect over other provisions of the Act
the Crown and Maori are in a partnership requiring good faith
the Crown has a duty of active protection towards Maori interests
the Crown must act in a manner consistent with the principles of the Treaty of Waitangi
the Crown must protect Maori rangatiratanga to the fullest extent practicable
impact established the Treaty of Waitangi as a central interpretive instrument in New Zealand law
influenced subsequent Treaty of Waitangi jurisprudence
transformed New Zealand constitutional practice regarding the Treaty of Waitangi
involvesTreaty Treaty of Waitangi
jurisdiction appellate
keyProvision section 9 State-Owned Enterprises Act 1986
language English
legalArea Treaty of Waitangi law
constitutional law
public law
legalSystem common law
plaintiff New Zealand Maori Council
linked to: Māori Council
presidingJudge Sir Robin Cooke
relatedTo Crown–Maori relations in New Zealand
Waitangi Tribunal
resultedIn creation of memorials on titles of certain Crown lands
establishment of mechanisms to protect land subject to Waitangi Tribunal claims
statutory power for the Waitangi Tribunal to recommend resumption of memorialised land
statuteInterpreted State-Owned Enterprises Act 1986 (New Zealand)
subjectMatter protection of Maori claims to land
transfer of Crown land to state-owned enterprises
timePeriod 1980s New Zealand legal reforms

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New Zealand Māori Council v Attorney-General (1987) alsoKnownAs the Lands case