Native Land Court Notes PDF

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Summary

Summary notes for LAWS326 - Treaty Settlement Negotiations Test....

Description

Native Land Court The purpose was to allow the purchasing of Maori land by private interests, as under the treaty only the Crown could purchase.

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Native Lands Act 1862, 1865 and many others

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Facilitated the alienation of Maori land

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Conversion and codification from Maori customary title into British fee simple title

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Determination of title hinged on the testimony of kaumatua

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Nearly all British and Pakeha Judges

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Maori (Native) Assessors advised

What is the Native Land Court? -

Native Lands Act 1862 set up Native Land Court

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Individualised title

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Focused on facilitating alienation of Maori land (in the purpose of the original Act)

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Facilitated and unfairly converted native land title, stripping Maori of the traditional societal foundation of having land held communally

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Costs associated with bringing a claim often meant Maori would have to sell their land to finance their debt incurred in the process

How did it contribute to breaches of the principles of The Treaty/te Tiriti? o Alienated more land o 10 people to a title o Land was converted from Maori customary title to British fee simple title

o The expenses incurred in travelling to Court mean Maori had to sell more land o Not in good faith...