New Zealand Māori Council v Attorney-General (1987) (the Lands case)

E261109

New Zealand Māori Council v Attorney-General (1987), known as the Lands case, is a landmark New Zealand Court of Appeal decision that affirmed the Crown’s obligations under the Treaty of Waitangi when transferring state assets, significantly shaping modern Treaty jurisprudence and Māori–Crown relations.

All labels observed (3)

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf New Zealand Court of Appeal decision ⓘ
Treaty of Waitangi case ⓘ
court case ⓘ
landmark case ⓘ
public law case ⓘ
alsoKnownAs the Lands case ⓘ
areaOfLaw Treaty of Waitangi law ⓘ
administrative law ⓘ
constitutional law ⓘ
characterisedAs foundational case for Treaty principles ⓘ
landmark in New Zealand constitutional development ⓘ
citation [1987] 1 NZLR 641 ⓘ
clarified that partnership is a key principle of the Treaty of Waitangi ⓘ
that the Crown has a duty of active protection towards Māori interests ⓘ
that the Crown must act reasonably and in good faith towards Māori ⓘ
that the Treaty of Waitangi has ongoing relevance in contemporary government decision-making ⓘ
concerns Crown obligations under the Treaty of Waitangi ⓘ
protection of Māori interests in land and resources ⓘ
transfer of Crown land to state-owned enterprises ⓘ
country New Zealand ⓘ
court New Zealand Court of Appeal ⓘ
decisionYear 1987 ⓘ
established modern doctrine of the principles of the Treaty of Waitangi ⓘ
held section 9 of the State-Owned Enterprises Act 1986 has substantive legal effect ⓘ
the Crown could not transfer assets to state-owned enterprises in a way that would impair its ability to remedy Treaty breaches ⓘ
the Crown must act in a manner consistent with the principles of the Treaty of Waitangi ⓘ
importance considered one of the most significant Treaty of Waitangi cases ⓘ
major influence on New Zealand public law ⓘ
influenced Māori–Crown relations in New Zealand ⓘ
subsequent Treaty of Waitangi jurisprudence ⓘ
interpretsSection section 9 State-Owned Enterprises Act 1986 ⓘ
involves Attorney-General of New Zealand ⓘ
New Zealand Māori Council ⓘ
linked to: Māori Council
jurisdiction New Zealand ⓘ
languageOfProceedings English ⓘ
legalEffect constrained privatisation of Crown assets where Treaty claims existed or might arise ⓘ
required protective mechanisms for land subject to Waitangi Tribunal claims ⓘ
relatedTo Treaty of Waitangi Act 1975 ⓘ
Waitangi Tribunal ⓘ
privatisation policies of the Fourth Labour Government of New Zealand ⓘ
resultedIn constraints on transfer of Crown land to state-owned enterprises ⓘ
development of mechanisms to protect land subject to potential Treaty claims ⓘ
strengthening of the Waitangi Tribunal’s role in relation to land claims ⓘ
statutoryContext State-Owned Enterprises Act 1986 ⓘ
subjectMatter Treaty of Waitangi principles ⓘ
state asset transfers ⓘ
timePeriod late 20th century ⓘ

How these facts were elicited

Referenced by (3)

Full triples — surface form annotated when it differs from this entity's canonical label.

State-Owned Enterprises Act 1986 → influencedCase → New Zealand Māori Council v Attorney-General (1987) (the Lands case) ⓘ
Treaty of Waitangi principles → articulatedIn → New Zealand Court of Appeal decision New Zealand Māori Council v Attorney-General (1987) (SOE case) ⓘ
linked to: New Zealand Māori Council v Attorney-General (1987) (the Lands case)
Lands case → hasAlternativeName → New Zealand Maori Council v Attorney-General ⓘ
subject linked to: the Lands case
linked to: New Zealand Māori Council v Attorney-General (1987) (the Lands case)