Undefined and Unresolved: Exploring Indigenous Rights in Aotearoa New Zealand's Freshwater Legal Regime

J Ruru, “Undefined and unresolved: exploring Indigenous rights in Aotearoa New Zealand’s freshwater legal regime” (2010) 20 The Journal of Water Law 236-242.

Posted: 29 Jan 2019

Date Written: 2010

Abstract

Many countries are grappling with how best to reconcile with their Indigenous peoples. This article explores the existing legal framework that has developed in Aotearoa New Zealand in the past two decades to provide a platform for Māori to assert legal rights to water. It canvasses the rights contained in the Resource Management Act 1991 and the Treaty of Waitangi Claim Settlement statutes, along with the possibilities inherent in the common law doctrine of native title. As the current New Zealand Government recognises, Māori rights to water are far from being conclusively defined or resolved.

Keywords: Laws of Indigenous peoples, Water law, Resource management law, Environmental law, Treaty of Waitangi, Maori, New Zealand

JEL Classification: K00, K30

Suggested Citation

Ruru, Jacinta, Undefined and Unresolved: Exploring Indigenous Rights in Aotearoa New Zealand's Freshwater Legal Regime (2010). J Ruru, “Undefined and unresolved: exploring Indigenous rights in Aotearoa New Zealand’s freshwater legal regime” (2010) 20 The Journal of Water Law 236-242., Available at SSRN: https://ssrn.com/abstract=3317183

Jacinta Ruru (Contact Author)

University of Otago ( email )

P.O. Box 56
Dunedin, Otago 9010
New Zealand

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