Don’t go looking for Treaty principles in the Treaty – they come from the courts and DoC is grappling with a new set of them

The treaty was about equality. The principles of the treaty foster racial preference.

Bob Edlin's avatarPoint of Order

A Supreme Court judgement in August last year has led to the Department of Conservation undertaking partial reviews of the Conservation General Policy and the General Policy for National Parks, to give better effect to the principles of the Treaty of Waitangi.

And what are these principles?

Conservation Minister Eugenie Sage told Point of Order:

“The principles of the Treaty of Waitangi are not explicitly stated in the articles of the Treaty itself.”

Nope.

“They have evolved primarily though jurisprudence…”  

They also have significant governance and constitutional implications.

Another stage in this evolutionary process was the Supreme Court’s ruling which   buttressed an iwi’s claim to exclusive rights to conduct commercial tours for at least five years on the Rangitoto and Motutapu islands in the Hauraki Gulf.

Ngāi Tai ki Tāmaki went to court to challenge DoC’s issuing five-year tourism concessions to Fullers and the Motutapu Island Restoration Trust on the…

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