R v Symonds
In R v Symonds (1847) NZPCC 387, at 390-1, Chapman J discussed the nature of native title:
'Whatever may be the opinion as to the strength or weakness of Native title ... it cannot be too solemnly asserted that it is entitled to be respected, that it cannot be extinguished (at least in times of peace) otherwise than by the free consent of the Native occupiers. But for their protection and for the sake of humanity, the government is bound to maintain it, and the courts to assert, the Queens exclusive right to extinguish it...The assertion of the Queen's pre-emptive right supposes only a modified dominion as residing in the Natives...This technical seisen against all the world except the natives is the strongest ground whereon the due protection of their qualified dominion can be based.'
'Whatever may be the opinion as to the strength or weakness of Native title ... it cannot be too solemnly asserted that it is entitled to be respected, that it cannot be extinguished (at least in times of peace) otherwise than by the free consent of the Native occupiers. But for their protection and for the sake of humanity, the government is bound to maintain it, and the courts to assert, the Queens exclusive right to extinguish it...The assertion of the Queen's pre-emptive right supposes only a modified dominion as residing in the Natives...This technical seisen against all the world except the natives is the strongest ground whereon the due protection of their qualified dominion can be based.'
Keywords: indigenous people, International Court Case, International law, Maori, New Zealand (Aotearoa), R v Symonds (1847), 1847
Author: Strelein, Lisa