Fairness and Indigenous Forests Law in New Zealand

Abstract

The implementation of sustainable production and conservation policies for indigenous forests in New Zealand has been vigorously and frequently challenged as "unfair" from various quarters. This article analyses two of the most prominent recent legal challenges. It is argued that in one case the legal reasoning was flawed, suggesting that there was indeed unfairness, and that the Crown had breached its obligations under the Treaty of Waitangi. Because this analysis is from a legal perspective, "fairness" is defined according to the relevant legal principles as they operate within New Zealand law and the New Zealand constitution. The challenges considered concerned the implementation of a conservation policy for the Crown's West Coast beech forests, and the implementation of a sustainable management policy over certain Maori land, known as the "SILNA" land.