the Lands case

E901065

The Lands case is a landmark 1987 New Zealand court decision that defined the Crown’s obligations under the Treaty of Waitangi in the context of transferring state-owned land to new entities.

All labels observed (1)

Label Occurrences
the Lands case canonical 1

How this entity was disambiguated

Statements (47)

Predicate Object
instanceOf New Zealand court case ⓘ
landmark court decision ⓘ
bench Sir Edward Somers ⓘ
Sir Gordon Bisson ⓘ
Sir Ivor Richardson ⓘ
Sir John McMullin ⓘ
Sir Robin Cooke ⓘ
citation [1987] 1 NZLR 641 ⓘ
concerns Crown obligations under the Treaty of Waitangi ⓘ
interpretation of section 9 of the State-Owned Enterprises Act 1986 ⓘ
transfer of state-owned land to state-owned enterprises ⓘ
country New Zealand ⓘ
court Court of Appeal of New Zealand ⓘ
decisionDate 1987-02-06 ⓘ
decisionYear 1987 ⓘ
defendant Attorney-General of New Zealand ⓘ
definedConcept principles of the Treaty of Waitangi ⓘ
geographicScope New Zealand ⓘ
hasAlternativeName New Zealand Maori Council v Attorney-General ⓘ
SOE case ⓘ
heldThat section 9 of the State-Owned Enterprises Act 1986 has overriding effect over other provisions of the Act ⓘ
the Crown and Maori are in a partnership requiring good faith ⓘ
the Crown has a duty of active protection towards Maori interests ⓘ
the Crown must act in a manner consistent with the principles of the Treaty of Waitangi ⓘ
the Crown must protect Maori rangatiratanga to the fullest extent practicable ⓘ
impact established the Treaty of Waitangi as a central interpretive instrument in New Zealand law ⓘ
influenced subsequent Treaty of Waitangi jurisprudence ⓘ
transformed New Zealand constitutional practice regarding the Treaty of Waitangi ⓘ
involvesTreaty Treaty of Waitangi ⓘ
jurisdiction appellate ⓘ
keyProvision section 9 State-Owned Enterprises Act 1986 ⓘ
language English ⓘ
legalArea Treaty of Waitangi law ⓘ
constitutional law ⓘ
public law ⓘ
legalSystem common law ⓘ
plaintiff New Zealand Maori Council ⓘ
linked to: Māori Council
presidingJudge Sir Robin Cooke ⓘ
relatedTo Crown–Maori relations in New Zealand ⓘ
Waitangi Tribunal ⓘ
resultedIn creation of memorials on titles of certain Crown lands ⓘ
establishment of mechanisms to protect land subject to Waitangi Tribunal claims ⓘ
statutory power for the Waitangi Tribunal to recommend resumption of memorialised land ⓘ
statuteInterpreted State-Owned Enterprises Act 1986 (New Zealand) ⓘ
subjectMatter protection of Maori claims to land ⓘ
transfer of Crown land to state-owned enterprises ⓘ
timePeriod 1980s New Zealand legal reforms ⓘ

How these facts were elicited

Referenced by (1)

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

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