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Lords of the Land$
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Mark Hickford

Print publication date: 2011

Print ISBN-13: 9780199568659

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199568659.001.0001

Conclusions

Chapter:
(p. 450 ) 8 Conclusions
Source:
Lords of the Land
Author(s):

MARK HICKFORD

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199568659.003.0008

This chapter presents a summary of the preceding discussions. Indigenous property rights in empire were made and are in the making still. Native title lay at the intersection of thought and disputes regarding indigenous political authority over territorial space, the question of English law and customary law, jurisdiction, and sovereignty. This study points to a broad consensus obtaining on some general operational characteristics of native title in New Zealand but with considerable debate as to content and application remaining. First, this consensus included seeing Crown-supervised purchase or Crown-supervised confirmation of dealings with native title as a vital element, augmented from the mid-1860s by a statutory land court. Secondly, theories of conceptual incommensurability between English real property law and native title conditioned policy responses and practices.

Keywords:   indigenous property rights, empire, native title, territorial space, English law, jurisdiction, sovereignty, New Zealand

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