Development and the Law (eBook)The Native/Maori Land Court Volume 3, 1910-1953: Collectivism, Land

This is the third volume in a series of books dealing with the Native/Maori Land Court (established 1862-1865 and which is still operative and is an important part of the New Zealand legal system). The earlier volumes were published in 2013 and 2015 and covered the history of the court from its establishment until 1909. Volume 3 covers the history of the Court in the 20th century, from 1909-1953.

Like its predecessors, this book is both a historical work and a compilation of the Court’s principal judgments. The introductory part of the book is a historical narrative, which explores the historical evolution of Maori land law in its historical and international context. The remaining part of the book is a comprehensive collection of leading judgments of the Native/Maori Land Court and of its appellate body, the Native/Maori Appellate Court. Each judgment is preceded by a full casenote which explains the case, its context, and its legal and historical importance.

The period covered by this book saw many significant new developments in the field of Maori land law. These new developments included the Maori land development programme pioneered by Sir Apirana Turupa Ngata and many changes to the law relating to the succession (whether by will or intestacy) of interests in Maori freehold land. Also important were changes relating to Maori legal interests in the foreshore and seabed, river beds, and lakes. These changes are reflected in the cases that have been selected for inclusion in this volume. These decisions include the decisions relating to Lake Waikaremoana, Lake Omapere, and the Whanganui River. The volume also collects together numerous decisions relating to wills and intestacies, reflecting the importance of this part of the Court’s jurisdiction in the twentieth century. As with earlier volumes, cases have been selected for inclusion both because they are legally and historically important but because they illustrate the practical workings of the Court and the development of the law.

Foreword

Author’s Preface

Errata and Corrigenda for Volume 2

Illustrations

Contents

Part One Introduction: The Native Land Court and Associated Courts 1910-1953

Chapter 1 Individualisation in Retreat: Anthropology, Law and Policy circa 1870–1950

Chapter 2 The Native Land Act 1909

Chapter 3 Re-thinking Individualisation: Maori Land Policy in the Age of Ngata, 1909–1953

Chapter 4 The Court and the Judges, 1909–1953

Chapter 5 Incorporations and Consolidations

Chapter 6 Succession and Probate

Chapter 7 Maori Land Development after 1929

Chapter 8 Maori Land Interests and the Law of Trusts

Chapter 9 Lakes, Rivers, and the Foreshore

Chapter 10 Confiscation and Maori Reserved Lands in Taranaki: A Case Study

Chapter 11 The Land Court and its Records and New Zealand Historiography

Part Two Selected Decisions of the Native Land Court and Associated Courts

Introduction to Part Two

Chronological List of Judgments and Original Citations

Selected Decisions

Bibliographical Note

Subject Index