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

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New Zealand Māori Council v Attorney-General (1987), known as the Lands case, is a landmark New Zealand Court of Appeal decision that affirmed the Crown’s obligations under the Treaty of Waitangi when transferring state assets, significantly shaping modern Treaty jurisprudence and Māori–Crown relations.

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Statements (47)

Predicate Object
instanceOf New Zealand Court of Appeal decision
Treaty of Waitangi case
court case
landmark case
public law case
alsoKnownAs the Lands case
areaOfLaw Treaty of Waitangi law
administrative law
constitutional law
characterisedAs foundational case for Treaty principles
landmark in New Zealand constitutional development
citation [1987] 1 NZLR 641
clarified that partnership is a key principle of the Treaty of Waitangi
that the Crown has a duty of active protection towards Māori interests
that the Crown must act reasonably and in good faith towards Māori
that the Treaty of Waitangi has ongoing relevance in contemporary government decision-making
concerns Crown obligations under the Treaty of Waitangi
protection of Māori interests in land and resources
transfer of Crown land to state-owned enterprises
country New Zealand
court Court of Appeal of New Zealand
surface form: New Zealand Court of Appeal
decisionYear 1987
established modern doctrine of the principles of the Treaty of Waitangi
held section 9 of the State-Owned Enterprises Act 1986 has substantive legal effect
the Crown could not transfer assets to state-owned enterprises in a way that would impair its ability to remedy Treaty breaches
the Crown must act in a manner consistent with the principles of the Treaty of Waitangi
importance considered one of the most significant Treaty of Waitangi cases
major influence on New Zealand public law
influenced Māori–Crown relations in New Zealand
subsequent Treaty of Waitangi jurisprudence
interpretsSection section 9 State-Owned Enterprises Act 1986
involves Attorney-General of New Zealand
Māori Council
surface form: New Zealand Māori Council
jurisdiction New Zealand
languageOfProceedings English
legalEffect constrained privatisation of Crown assets where Treaty claims existed or might arise
required protective mechanisms for land subject to Waitangi Tribunal claims
relatedTo Treaty of Waitangi Act 1975
Waitangi Tribunal
privatisation policies of the Fourth Labour Government of New Zealand
resultedIn constraints on transfer of Crown land to state-owned enterprises
development of mechanisms to protect land subject to potential Treaty claims
strengthening of the Waitangi Tribunal’s role in relation to land claims
statutoryContext State-Owned Enterprises Act 1986
subjectMatter Treaty of Waitangi principles
state asset transfers
timePeriod late 20th century

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Referenced by (2)

Full triples — surface form annotated when it differs from this entity's canonical label.

State-Owned Enterprises Act 1986 influencedCase New Zealand Māori Council v Attorney-General (1987) (the Lands case)
Treaty of Waitangi principles articulatedIn New Zealand Māori Council v Attorney-General (1987) (the Lands case)
this entity surface form: New Zealand Court of Appeal decision New Zealand Māori Council v Attorney-General (1987) (SOE case)