Aboriginal Reservation Land Be Compulsorily Acquired For...

Can indigenous Maori reservation land be compulsorily acquired for the purpose of public works by the Minister of Land Information? No, according to legislation to primary legislation Te Ture Whenua Maori Act 1993 and the Public Works Act 1981 and a recent decision from the New Zealand Environment Court. In Grace .v. Minister for Land Information (2014), a New Zealand Environment Court (NZEnvC) case, the primary legal considerations regarding compulsory public works acquisitions of Maori land were brought to the fore. The following case note aims to provide legal background to the aforementioned case, determine material facts which consequently give rise to the key legal issue, the ratio of the case and provide criticisms on its legal value. The underlying theme of preservation of Maori ancestral rights for the ongoing use and education of future generations is a profound one. Thus, the question arises, not whether the case has any prospective legal significance but to what extent. The Public Works Act 1981 is the pre-eminent legislation. As at s2, public works are defined as any Government work undertaken to construct, manage or maintain land for public use (). The Act aims to protect all land from acquisition – be it general or Maori – from acquisition unless circumstances and a lack of alternatives necessitate it. This test is called â€Å"the essential works test† which was repealed in the Public Works Amendment Act 1987. As a result, Maori land is no longer discriminatedShow MoreRelatedLand Law Procedures in Kenya16833 Words   |  68 PagesYEAR 1ST SEMESTER BACHELOR OF LAWS JANUARY- APRIL 2013 COURSE TITLE: LAND LAW 1 COURSE CODE: CLS 300 BY: WILSON MAROTSE MULEI LLM (London), LLB (Moi), Dip. Law (KSL) Attorney at Law, EAC COURSE OUTLINE INTRODUCTION Land law is split into two separate but related units. Land Law 1 and Land Law II. Land Law I deals with foundations of property law and Land Law II deals with Proprietary Rights and transactions. Land Law I is devoted to the teaching of and familiarizing the student with