Richards - Karaka Huarua A and B (2004) 98 Whangārei 273 (98 WH 273) [pdf, 4.7 MB]
...the areas sought for partition. Vet the real point is that the Treaty refers almost exclusively to hapu, not individuals, or whanau or even iwi. In other words, its terms are premised in notions of collective not individual Maori custodianship over resources. That the subsequent history of Maori land dispossession puts paid to those promises (largely through the device individualisation promoted by legis/ation and the predecessor of this Court) does not diminish the fundamental primacy of...