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Showing posts with label Preamble Treaty of Waitangi Act. Show all posts
Showing posts with label Preamble Treaty of Waitangi Act. Show all posts

Sunday, January 12, 2025

Barry Brill: The Flawed Preamble to the Treaty of Waitangi Act 1975

The flawed Preamble to the Treaty of Waitangi Act 1975 set off 50 years of litigation on the wrong foot

A Preamble plays an important role in conveying to the Courts what law-makers were aiming to achieve by an Act of Parliament. Any factual error in a preamble will inevitably cause endless confusion and argument

Almost 135 years after the Treaty documents were signed, a number of disputes concerning land ownership remained extant, and Parliament passed the Treaty of Waitangi Act 1975 to establish a specialised Tribunal to hear and consider those remaining disputes.