Fairness and Indigenous Forests Law in New Zealand
Wheen, Nicola
This item is not available in full-text via OUR Archive.
If you are the author of this item, please contact us if you wish to discuss making the full text publicly available.
Cite this item:
Wheen, N. R. (2002). Fairness and indigenous forests law in New Zealand. Asia Pacific Journal of Environmental Law, 7, 7-24.
Permanent link to OUR Archive version:
http://hdl.handle.net/10523/8819
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.
Date:
2002
Publisher:
Edward Elgar Publishing
Pages:
7-24
Keywords:
Indigenous Forests Management; New Zealand; West Coast Accord; SILNA; Constitutional Law; Treaty of Waitangi
Research Type:
Journal Article
Languages:
English
Collections
- Journal Article [792]
- Law Collection [511]