maori structure

Question 1

maori tow jr appliaction

Answer 1

1. is there a treaty incorpertaing principle
   - yes, limited way act
   - no, still need to act in respect to indigenous rights (tt)
2. how stringly is the provision worded
   - weak = imposes negative obliagtions
   - strong = is not exhaustive unless p expresses this (tt)
3. what principles are engaged
   - redress
   - active protection
   - partnership
   - consultation
4. what is the jr ground
   - illegailty (improper purpose/illegality)
   - procedural impropreity (natural justice)

Question 2

normative process
justice whata method derived from the take utu ea process

Answer 2

1. what is the facts
2. what is the cause of the dispute, violation of tikanga
3. who is effected - structural and perscriptive
4. what responsibilties at play - relational, resonsibilty
5. what kawa may resolve the issue

Question 3

strctural

Answer 3

whakapapa - est connection w matter
whenuangatanga - dictates tikanga differs across hapu

Question 4

perscriptive

Answer 4

utu - is there an imblanace that needs redressing
ea- how to acheive balnce

Question 5

relational

Answer 5

mana - has someones mana been effected
tapu - integirty effected/ restrictions improper (place)
noa - retsrctions improper ( lift)

Question 6

responsiblity

Answer 6

what respobsibilties are req
kaitikitanga - natural world
manaakitanga - people

Question 7

kawa

Answer 7

deliberation
- korero
- hui
- runanga
- hou hou i te rongo
restriction
- place tapu to place restriction
- whakanoa to life restrcition

Question 8

te pou matakana case

Answer 8

no to vaccination records vague
- jr as MOH needs to appreciate tikanga and principles

Question 9

nwo case

Answer 9

presumption of legailty
- presumption of inclusion unless specifically expressed
no iwi fights involved in
not all cases are justiciable

Question 10

wairapa moana v mercury

Answer 10

• mana whenua not absoloute - taku whenua - mana w give to peeps w/o mana w

SHOWS THAT TIKANGA IS NOT RIDGID E.G in claw back cases WT is well placed to determine menaing of tikanga

Question 11

clawback why and where

Answer 11

why
- to ensure tranfers of land (to soe) dont breach TOW principles
where
- soe act 1986, 27-27d

Question 12

te heu heu

Answer 12

orthodox and outdated position that treaty doesnt have legal effect if not incorperated into domestic law or relevat statute

Question 13

non legal effects of the treaty

Answer 13

1. LDAC
2. TREATY SETTLEMENT
   - guided by red book
   - subject to state rights and tikanga
   - power from third souce
   - redress
3. CABINET CIRCULAR
   - internal memo created by cab
   - guidline 4 policy developm + implement
   - set Q for decsion maker 2 consider for articles of TOW
4. WT
   - est tow act 1975 - as repsonse to tow breaches
   - reco non binding unless crown —> soe
   - invest
   - claims abt crown
   - DL refer to TOW
   - determine menaing TOW, not bind on court tho
5. general
   - constituionally importnat
6. moral obliagtion
   - suvject 2 debate