The Indigenous Land Claims in New Zealand and Canada

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Indigenous Land Claims in New Zealand and Canada:From Grievance to EnterpriseSIPP Public Policy Paper No. 39January 2006Robert B Anderson and Corinne BarnettISBN# 0-7731-0547-6ISSN# 1702-7802
This paper explores the struggle by Indigenous people in Canada and New Zealand 1 forthe recognition of their rights to their traditional lands and resources and the role that theseresources are expected to play, and indeed have played, in providing Aboriginal people and Maorithe capacity to pursue development on their terms both economically and as ‘nations’ withCanada and New Zealand.While we focus on these two groups, it is important to emphasize that the issue of Indigenousland rights and development are not just important in Canada and New Zealand. The United Nationsestimates that approximately 5,000 groups fit its definition of Indigenous and that there are between300 million to 500 million Indigenous peoples worldwide representing as much as 80% of the culturaldiversity on this planet (Indigenous Peoples’ Human Rights Project, 2003). The list of nation stateswithout an Indigenous population is very small. Further, according to the World Bank “Indigenouspeoples are commonly among the poorest and most vulnerable segments of society” (World Bank,2001). Wherever they are found, Indigenous peoples are engaged in a struggle to preserve theirsocieties, retain or regain their rights, improve their socio-economic conditions and rebuild theirnations on their terms. Land rights are critical in every instance in this effort. How much better for all,Indigenous and non-Indigenous, if states follow the path grudgingly trod by Canada and New Zealandthat we describe in this paper and negotiate the settlement of land rights claims as part of a strategy tosupport Indigenous communities in their pursuit of development as they define it; rather than pursuingthe more commonly followed alternative of the refusal to recognize Indigenous rights, oppression andpoverty.1 Aboriginal peoples is the general inclusive term used when referring to the Indigenous people in Canada. Included under the termAboriginal people are the First Nations, the Métis and the Inuit populations in Canada as recognized in the Constitution Act, 1982.The Maori are the Indigenous people of New Zealand. We will use the word Indigenous as inclusive of both groups.1
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Page 5 and 6: RECOGNIZING the urgent need to resp
Page 7: the treaties signed. It must also n
Page 11 and 12: The Canadian CasesBefore examining
Page 13 and 14: esource-based corporations for cert
Page 15 and 16: of Natives to protect their histori
Page 17 and 18: administration and development of t
Page 19 and 20: • Nunavik Arctic Foods harvests w
Page 21: In 1982, the CRA created the Cree R
Page 25 and 26: Inuvialuit Final AgreementIn May 19
Page 27 and 28: The massive project would, in turn,
Page 29 and 30: the rebuilding of the Inuvialuit
Page 31 and 32: that the settlement does not includ
Page 33 and 34: nearly enough to redress the previo
Page 35 and 36: Ngai Tahu Tourism is the parent com
Page 37 and 38: ConclusionNow to return to the four
Page 39 and 40: About the AuthorsRobert B. Anderson
Page 41 and 42: Indigenous Peoples’ Human Rights
Page 43: No. 23 Performance Measurement, Rep

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