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You are here: Home History New Zealand Time Line of events 1950 - 2000 1987 Landmark court case

1987 Landmark court case

A landmark Court of Appeal case (Māori Council v Attorney-General) established that the Crown must pay heed to previous Māori ownership in disposal of surplus Crown assets such as land. This followed the break-up of old land-holding departments and the establishment of new state-owned enterprises under the 1986 State Owned Enterprises Act. That Act declared that the Crown might do nothing 'that is inconsistent with the principles of the Treaty of Waitangi'. The Court set out a number of principles it saw encapsulated in or derived from the Treaty. Perhaps the key principle was that of partnership, since the Treaty had been signed by two partners. Another was that the Crown, as the more powerful partner, has a duty of active protection of the interests of the weaker partner, Māori.


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