Aboriginal & Treaty Rights In Aotearoa - NZ

Recognition of Aboriginal title occurred very early in New Zealand's colonial history. Its development since then has reflected the interplay between common law rights and Te Tiriti o Waitangi (or the Treaty of Waitangi).

The Treaty was signed in 1840, by the Crown and over 5oo Maori chiefs, but it can be interpreted differently because it was written in both English and Maori texts.

The Maori text recognised the right of the English to govern themselves but retained their 'tino rangatiratanga' (or absolute chieftanship. The English text asserted something very different, claiming sovereignty over the Islands of Aotaeroa but recognising the rights of the Maori to their lands.

Under the common law, the Privy Council recognised Aboriginal rights in 1847. Despite this, and despite the Treaty, the Maori subsequently lost most of their lands.

More recently however, the Treaty was re-invigorated, after its principles were incorporated into legislation as a step to renewing the partnership between Maori people and the New Zealand government.