Recent

"What a difference a Treaty makes – the pathway of aboriginal rights jurisprudence in New Zealand public law." (2004) 15 Public Law Review 87-102.

“Aboriginal Title in New Zealand: A Retrospect and Prospect” (2004) New Zealand Journal of Public and International Law 139-202.

Common Law Aboriginal Title in New Zealand after Ngati Apa v Attorney-General (2003) (Wellington: New Zealand Law Society Monograph series, 2004) 48pp

“From Common Law to Codification – the Foreshore and Seabed Act 2004” in Foreshore and Seabed Act, the RMA and Aquaculture (Wellington: New Zealand Law Society Monograph series, 2005) at 1 –35.

“Living with Rights Aboriginally: Constitutionalism and Maori in the 1990s” in Michael Belgrave, Mereta Kawharu and David Williams, editors Waitangi Revisited – Perspectives on the Treaty of Waitangi (Auckland, NZ: Oxford University Press, 2004) at 283 – 307

Aboriginal Societies and the Common Law: A History of Sovereignty, Status and Self-Determination (Oxford: Oxford University Press, 2005) ix pp, 661pp ISBN 0-19-825248-X

14 September 2004, I spoke to my written evidence (120 pages) with a two and a half hour presentation to the Select Committee on the foreshore and seabed at the invitation of the chairman, the Honourable Russell Fairbrother. This was the most politically combustible issue in New Zealand from July 2003 through to the present, the most intense period being 2004 when Government legislation was introduced and (late December) controversially passed. The Court of Appeal’s judgment in the Ngati Apa case applied common law principles that I had pioneered as applicable to New Zealand in a series of articles published 1984 – 1992. The Committee had received over 4000 submissions on the Bill and had agreed to hear only 300 parties, limiting time to between 10 – 20 minutes. My evidence and appearance, however, was given (and, uniquely, videotaped) at the request of the Select Committee. The executive summary was appended to the report, at pp. 54-58, (available on line).

Books

The Maori Magna Carta. New Zealand Law and the Treaty of Waitangi. A book published by Oxford University Press, October 1991. 385pp with index (8p) and preface (xv). - This book was awarded the J F Northey Book Award 1992 by the NZ Legal Research Foundation.

Aboriginal Societies and the Common Law: A History of Sovereignty, Status and Land 661pp, Oxford University Press, December 2004.

Submissions and presentations

Expert testimony to the (New Zealand) Waitangi Tribunal hearing of the foreshore and seabed claim, January 2004 (referred to and adopted in the Report, Part 3.2 – Wai.1071, [link])

Commissioned presentation and paper (120pp) to the Select Committee considering the Foreshore and Seabed Bill (September 2004).

New Zealand Seabed and Foreshore related public activity: International keynote address at the 4th and 5th Maori Forum Meetings (2004 and 2005); seminar presenter for the New Zealand Law Society (touring New Zealand cities, August 2004 and April 2005); presentations at Universities and to Government Departments related to Tribunal and Select Committee appearances.

Short articles

"Treating with the Tribes" Times Literary Supplement February 2-8 1990, p.121.

"The Role of Law in Maori Claims" [1990] New Zealand Law Journal, 16-20, 36.

"Constitutional Myths and the Treaty of Waitangi" [1990] New Zealand Law Journal at 316-20.

"Sealords and sharks: the Maori Fisheries Agreement 1992" [1992] New Zealand Law Journal 354-58.

“Proving Aboriginal Title” [2001] New Zealand Law Journal 303-8. This article attracted attention in New Zealand’s national press: The Dominion 20 August 2001 and was cited by the High Court of Australia in The Commonwealth v Yarmirr [2001] HCA 56 (11 October 2001) at para. 287 in note 407.

Major articles

“Tales of constitutional origin and Crown sovereignty in New Zealand” (2002), 52 University of Toronto Law Journal at 69 – 99

"Sovereignty this century - Maori and the common law constitution" An address to the Australasian Law Teachers Association Conference celebrating the centenary of the Victoria University of Wellington Law School. Published in (2000) 31 Victoria University of Wellington Law Review at 187-214.

"The common law status of colonies and aboriginal 'rights': how lawyers and historians treat the past" (1998) 61(2) Saskatchewan Law Review 393 - 429.

"Law, History and the Treaty of Waitangi" (1997) 31 New Zealand Journal of History 38-57.

"Constitutional Voices" (1996) 26 Victoria University of Wellington Law Review 499-529.

'What a difference a Treaty makes - the pathway of aboriginal rights jurisprudence in New Zealand public law', (2004) 15 Public Law Review 87.

“Aboriginal Title in New Zealand: A Retrospect and Prospect” (2004) 2 New Zealand Journal of Public and International Law 1

“Setting the statutory compass: the Foreshore and Seabed Act 2005” forthcoming in the New Zealand Journal of Public and International Law

Contributions to collections of academic essays

"The lawyer's concept of sovereignty and a legal history for New Zealand" in W. Renwick, ed. Sovereignty and Indigenous Rights (Wellington, N.Z.: Victoria University Press, 1991) at 170-189. Revised version of a paper presented to the Annual Conference of the Stout Centre commemorating New Zealand's Sesquicentennary, August-September 1990.

"Legal reasoning and the Treaty of Waitangi", an essay for G. Oddie, ed., Justice, Ethics and New Zealand Society (Oxford University Press, 1990), 137-58. This is a revised version of a paper presented to the Annual Conference of the Australasian Philosophy Association, August 1990.

"The Legal and Constitutional Recognition of the Aboriginal Rights of the New Zealand Maori" in H. Reynolds and R. Nile (eds) Indigenous Rights in the Pacific and North America: Race and Nation in the Late Twentieth Century (London: University of London, Sir Robert Menzies Centre for Australian Studies, 1992), at pp. 69-84.

"The Historiography of New Zealand's Constitutional History" for P.A. Joseph, ed. Essays on the Constitution (Wellington, N.Z.: Brookers, 1995) 344-367.

"The Constitutional and Legal Situation of the Crown in Resource Management" in R. Howitt, J. Connell and P. Hirsch (eds) Resources, Nations and Indigenous Peoples: case studies from Australia, Asia and the southwest Pacific (Australia: Oxford University Press, 1996) 300-316.

"Contractualism and Co-existence in an Inter-cultural Context: The Management of Crown Relations with Aboriginal Peoples" in G. Davis and A. Yeatman, editors The New Contractualism (Melbourne: Macmillan eduction, 1997) at 198-216.

"Aboriginal Identity and Relations in North America and Australasia" One of two major essays accompanied by short commentaries in Kokiri Ngatahi: Living Relationships - The Treaty of Waitangi in the New Millenium (Wellington: Victoria University Press, 1998) at 107-186.

"A Tribal Encounter: The Presence and Properties of Common Law Language in the Discourse of Colonisation in the Early-Modern Period" in J. Lamb and A. Calder, editors Voyages and Beaches Pacific Encounters, 1769-1840 (Hawaii: University of Hawaii Press, 1999) at 114-131.

"From Sovereignty Talk to Settlement Time: the constitutional setting of aboriginal claims in the 1990s" in Paul Havemann, ed. Essays on the Legal Status of Aboriginal Peoples in Canada, Australia and New Zealand (forthcoming, Oxford University Press).

"A History of Crown Sovereignty" in R A Sharp and P G McHugh, editors Histories, Power and Loss - Uses of the Past - A New Zealand Commentary (Wellington, NZ: Bridget Williams Books, 2001).

“Living with Rights Aboriginally: Constitutionalism and Maori in the 1990s” in Michael Belgrave, M. Kawharu, David Williams eds. Treaty of Waitangi - Perspectives on The Treaty of Watiangi (Oxford University Press, 2004)

Book reviews

Review of R.A. Williams Jr The American Indian in Western Legal Thought. The Discourses of Conquest (New York: Oxford University Press, 1990) in [1992] Cambridge Law Journal at 165-7.

Review of I. Brownlie Treaties and Indigenous Peoples - The Robb Lectures (Oxford: Clarendon Press, 1992) in [1992] 41 International and Comparative Law Quarterly 950-952.

Reviews of K. McNeil's Common Law Aboriginal Title (Oxford: Clarendon Press, 1989) in [1990] Cambridge Law Journal 169-172 and [1990] British Yearbook of International Law 451-453.