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The Issues of the Criminal Justice System and of Resources in Aotearoa/New Zealand

Toki, Valmaine

Article 5 of the United Nations Declaration on the Rights of Indigenous Peoples, informed by article 3, provides convincing grounds for the implementation of existing Indigenous legal systems. Notwithstanding this provision, in New Zealand, the doctrine of parliamentary sovereignty extinguishes, replaces and limits this right. Upon the signing of the English text of the Treaty, with Maori (the Indigenous Peoples of Aotearoa/New Zealand), the English superimposed upon Maori their legal, political and social systems. Within this broader context of self-determination, this article examines two issues facing the Maori: the criminal justice system and the issues of resources.

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Indigenous Peoples’ Access To Justice, Including Truth And Reconciliation Processes
Institute for the Study of Human Rights, Columbia University

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Institute for the Study of Human Rights
Published Here
March 26, 2015


This is a chapter from "Indigenous Peoples’ Access to Justice, Including Truth and Reconciliation Processes". The entire volume is available in Academic Commons at