New Zealand Supreme Court recognises fiduciary duties to enforce collective indigenous rights

Williams, David

dc.contributor.author	Williams, David	en
dc.date.accessioned	2017-07-19T02:18:48Z	en
dc.date.issued	2017-03-22	en
dc.identifier.citation	Oxford Human Rights Hub. 22 Mar 2017	en
dc.identifier.uri	http://hdl.handle.net/2292/34315	en
dc.description.abstract	Judgments were delivered by the New Zealand Supreme Court on 28 February 2017 in Wakatu v Attorney-General. The High Court and Court of Appeal decisions had relied on the notion that “political trusts” between the Crown and indigenous Maori at the outset of colonialism were political compacts unenforceable in law. The Supreme Court reversed the lower courts in a 4-1 majority decision. The majority declared that a fiduciary duty was owed by the Crown to the ancestors of the appellants and that, notwithstanding the lapse in time since the 1840s, the claim was not time-barred. The case was remitted to the High Court for consideration of breach and remedy.	en
dc.publisher	Oxford Human Rights Hub	en
dc.rights	Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher.	en
dc.rights.uri	https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm	en
dc.title	New Zealand Supreme Court recognises fiduciary duties to enforce collective indigenous rights	en
dc.type	Internet Publication	en
pubs.author-url	http://ohrh.law.ox.ac.uk/new-zealand-supreme-court-recognises-fiduciary-duties-to-enforce-collective-indigenous-rights/	en
dc.rights.accessrights	http://purl.org/eprint/accessRights/RestrictedAccess	en
pubs.elements-id	624169	en
pubs.record-created-at-source-date	2017-05-03	en