Deciding the Case: Recollections

Abstract

In this paper Sir Ivor discusses his recollections of deciding New Zealand Maori Council v. Attorney-General (the Lands Case). He stresses that in reaching its decision in this case the Court did not go beyond applying standard statutory interpretation and well-settled principles of judicial review. The difficulty in the case was the need to gain sufficient understanding of the complexities surrounding the Treaty of Waitangi which formed a part of the statutory background. Sir Ivor makes several points arising from the case: the difference between society in 1840 and the time of the Lands case, the basis of the Crown's claim to British Sovereignty over the South Island, the meaning to be given to the terms partner and partnership, and the requirement for consultation.

Keywords: Treaty of Waitangi, Principles of the Treaty, State Owned Enterprises, Treaty Partnership, Statutory Interpretation

JEL Classification: K10, K30