What Could Have Been: The Common Law Doctrine of Native Title in Land Under Salt Water in Australia and Aotearoa/New Zealand

J Ruru, “What Could Have Been: The Common Law Doctrine of Native Title in Land Under Salt Water in Australia and Aotearoa/New Zealand” (2006) 32(1) Monash University Law Review 116-144.

29 Pages Posted: 25 Jan 2019

Date Written: 2006

Abstract

Once upon a time, the indigenous peoples of Australia and New Zealand had exclusive occupation and use of their homelands. They did not distinguish between land on dry soil and land under water – it was all considered to be one garden. In recent years, both peoples have attempted to use the courts in their respective countries to reaffirm their connection with this landscape. This article examines the contemporary interpretation of the common law doctrine of native title and its applicability to one part of this space: land under salt water.

Keywords: Property Law, Native Title, Indigenous Peoples, Water Law, Common Law, Australia, New Zealand

JEL Classification: K00, K11

Suggested Citation

Ruru, Jacinta, What Could Have Been: The Common Law Doctrine of Native Title in Land Under Salt Water in Australia and Aotearoa/New Zealand (2006). J Ruru, “What Could Have Been: The Common Law Doctrine of Native Title in Land Under Salt Water in Australia and Aotearoa/New Zealand” (2006) 32(1) Monash University Law Review 116-144. , Available at SSRN: https://ssrn.com/abstract=3320030

Jacinta Ruru (Contact Author)

University of Otago ( email )

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

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