Abstract
Once upon a time, the indigenous peoples of Australia and New Zealand had exclusive occupation and use of their homelands. They did not distinguish between land on dry soil and land under water – it was all considered to be one garden. In recent years, both peoples have attempted to use the courts in their respective countries to reaffirm their connection with this landscape. This article examines the contemporary interpretation of the common law doctrine of native title and its applicability to one part of this space: land under salt water.