Maori Issues in New Zealand Dissertation

David Fort


Evaluation 3: Essay

A serious Maori issue that is presently in the media is the sale for state owned or operated enterprises as well as the issues that encompass the principles from the Treaty of Waitangi. Within a newly formed Nationwide led federal government, the plan should be to sell approximately 49% of some state owned companies, a pitch that is not sitting well together with the Maori population of New Zealand. Maori are worried, and legally so , these sales are generally not in accordance with the guidelines of the Treaty of Waitangi. In particular, the selling of power businesses in locations where land subject and , the burkha title has not yet been established being Maori, or Crown area. The genesis of this issue could be considered the creation of SOEs in the 1980s.  The Condition Owned Corporations Act 1986 was enacted to allow authorities to create SOEs.  An essential section of that Act, section 9, gives that nothing in the Action permits the Crown to do something in a manner that is usually inconsistent while using principles from the Treaty of Waitangi. The establishment of SOEs was obviously a contentious topic.  Many will remember strongly the issues that have been debated and discussed during the time.  One of people issues was the fear simply by Maori that land possessed by the Overhead, but transferred to SOEs, would no longer be available to settle Treaty claims.  Court proceedings were initiated in which it was contended that the institution of, and transferring of land to SOEs, with no ensuring that area remained readily available for future Treaty settlements, was inconsistent with all the principles of the Treaty, and thus breached section 9 in the Act. The Court of Appeal, about what is commonly known as the Lands case, agreed and held which the Crown was obliged to manage the Work so that Maori Treaty promises to property transferred to SOEs were guarded. Following the Lands decision, the Crown and Maori opted for a system that would allow the Crown to transfer land to SOEs, while as well ensuring that area would remain available for upcoming Treaty...