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- Title
Time for a Real Change: Revisiting the Position of Te Ture Whenua Maori Act 1993 Within Aotearoa's Legal System.
- Authors
ROSSELL, CLAIRE
- Abstract
Te Ture Whenua Maori Act 1993 (TTWMA) was enacted on the basis that it would provide a change in legislative direction. To this day, despite the best efforts of the members of the Māori Land Court, this change has not materialised. TTWMA is continually undermined in the same way as was its predecessor, the Maori Affairs Act 1953. This treatment of TTWMA subverts Māori land rights and does little to meet New Zealand's obligations under Te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples. Disappointingly, the new discretion provided for under the Land Transfer Act 2017 (LTA 2017) insufficiently addresses this problem. It is therefore likely that the kaupapa of TTWMA will continue to be frustrated unless there is significant transformation within the land transfer system. This article argues that to address this problem, legislative amendment to the LTA 2017 providing that TTWMA overrides the indefeasibility provisions of the LTA 2017 is necessary.
- Subjects
LAND reform; LAND use laws; UNITED Nations. General Assembly. Declaration on the Rights of Indigenous Peoples; LEGISLATIVE amendments; LAND title registration &; transfer; MAORI (New Zealand people)
- Publication
Te Mata Koi: Auckland University Law Review, 2019, Vol 25, p31
- ISSN
0067-0510
- Publication type
Article