1993_05_may_nzkeat

Paul Keating should take the chance while in New Zealand to look the position of its indigenous people.

While Australia grapples with the High Court’s Mabo decision, New Zealand has been dealing with a similar legal upheaval for nearly two decades.

New Zealand, too, has had a history of dispossession and social and economic deprivation of its indigenous people, with an important difference.

In 1847 Britain and the Maoris signed the Treaty of Waitangi.

The Maoris gave Queen Victoria sovereignty or complete power over government over their land. The Queen agreed to protect the Maori chiefs in the exercise of their chieftainship over their lands, villages and all their treasures. Maoris were to have citizenship. Maori chiefs would sell land to the Queen at a price agreed by the person owning it and the person buying it on behalf of the Queen.

Australian Aborigines had to wait until 1967 to get citizenship.

In the 19th century the treaty was more noted for its abuse than adherence to it. In 1877 Chief Justice Prendergast ruled that it was a simply nullity.

With the revival in white minds of indigenous self-consciousness in the 1970s, the New Zealand Parliament passed the Treaty of Waitangi Act 1975 establishing the Waitangi Tribunal to investigate Maori claims against the Crown from 1975. In 1985 that was extended to older claims. And in 1987 the New Zealand Court of Appeal ruled that Maori and Pakeha (whites) had to act “”reasonably and in good faith” towards each other.

Together they represent New Zealand’s Mabo. The difference being that they were earlier and strong than the Australian equivalents.

The chief judge of the Maori Land Court, and chair of the Waitangi Tribunal, Sir Edward Taihakurei Durie, has made some salient points about the treaty.

The first is that it is not only an expression of Maori rights, but also gives whites a right to be in New Zealand. Australian whites assert a right to be here by settlement alone without reference to an agreement with the indigenous people who owned the land.

The second is that the rule of law is fragile when there is no political commitment to fundamental principles. The second point is illustrated by the way the treaty (supposedly law) was ignored for so long.

Despite that, New Zealand has set up a formal tribunal to hear land-rights and other claims. The treaty gave Maoris the right to keep their “”treasures”. These include fishing and fruits-of-the-forest rights. As settlement of all Waitangi fishing claims, the New Zealand Government agreed to give about $A110 million to buy a half share in a major fishing venture plus about $A400 million worth of fishing quota, controlling a bout a third of the nation’s catch. It will give Maoris (10 per cent of NZ’s population) employment and a significant stake in the economy.

Other land and “”treasure” claims have allowed Maoris involve themselves more in the economy and to get off state handouts.

However, it was not done without controversy and bitterness, including tribal disputes among Maoris. It is perhaps unavoidable on both sides of the Tasman, but that does not mean it should not be done. The essential point is that settlements have to be of long-term social and economic benefit to indigenous and non-indigenous people.

It is no good settling large amounts of land on indigenous people if the land is not used well. There is a solid argument that that is what has happened in the Northern Territory.

There are about 300 outstanding Maori treaty claims. The NZ Government hopes to finalise them all in the next seven years. That can only be done because New Zealand has a formal way of dealing with them through the Land Court and the Waitangi Tribunal. There can be no rights without a remedy.

At present in Australia we do not have that. We have Mabo. It is unsatisfactory from all sides, and the Government has recognised that. It has given rise to impossibly high expectations and exaggerated fears, but also to very real uncertainty, to Australia’s economic detriment. The native title given in Mabo is of uncertain character and its enforcement is difficult.

The New Zealand system is not perfect by any means, but at least it points to an ultimate resolution through reasonable compromise of an historic grievance without huge economic damage. While in New Zealand Mr Keating would do well to talk to Pakeha and Maoris to see if their are any lessons for Australia.

1993_05_may_nemadz

Australian Embassy officials have visited Maxwell Nemadzivhanani, an Australian citizen arrested in South Africa, and said he was in reasonable health, according to Senator Kim Carr (Lab, Vic).

Mr Nemadzivhanani, 36, whose wife and two sons live in Canberra, was arrested last week with two other members of the Pan African Congress and has been held without charge.

Mr Nemadzivhanani was formerly PAC representative in Australia.
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1993_05_may_nelson

The Australian Medical Association pledged yesterday that it was not trying to destroy Medicare.

Its newly elected president, Brendan Nelson, said, “”The AMA has no agenda to see Medicare dismantled or pulled apart.”

Dr Nelson was elected yesterday in the place of Dr Bruce Shepherd who stood down as president after three years to return to his practice full-time. His election marks a change in the AMA’s approach at the same time as the Federal Government’s approach has changed with the appointment of Senator Graham Richardson as Minister for Health, replacing Brian Howe.
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1993_05_may_ncpa

The National Capital Planning Authority called for tenders for outside cleaning of 5.5 sq km including the Parliamentary Triangle. It is part of a general takeover of the physical maintenance of national land in Canberra by the NCPA, and incidentally marks a growing power and influence of the agency, to the chagrin of ACT authorities.

The NCPA has long been a critic of the standard of maintenance of national assets in Canberra, which to date has been done by ACT Government agencies.

The day-to-day maintenance of national land is funded by the Commonwealth at a cost of $7.2 million a year.
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1993_05_may_mschool

Canberra needed more than just the clinical school proposed by the ACT Government, according to a leading medical researcher. It needed a full-scale under-graduate medical school and it needed to nurture basic research.

Professor Bob Blanden, the head of the division of cell biology at the John Curtin School of Medical Research, said last week that Canberra had good medical research centres that needed a full under-graduate medical school to help bring together pure bio-medical researchers with those with practical problems.

The plan for the clinical school is for students only in their final years to come to Canberra from Sydney University.
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1993_05_may_men

Men are worse off than women in several health and other aspects of life, an Australian Bureau of Statistics book on women inadvertently reveals.

The Australian Bureau of Statistics book Women in Australia published last week pointed to widespread economic and social disadvantage for women. In doing so, however, it showed (an admittedly much narrower) range of areas where men are worse off.

More women own their home outright than men and in some areas of health men are worse off than women.
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1993_05_may_mates

The ACT Government agreed yesterday to an inquiry into what was described in the Legislative Assembly as a development with “”a smell” involving departmental and developer “”mates”.

The allegations about a proposed development in Torrens Street, Braddon, by Bobundra Pty Ltd and the ACT Housing Trust were put by Independent MLA Michael Moore. The Minister for Environment, Land and Planning, Bill Wood, said there had to be an inquiry to give an opportunity to those individuals named by Mr Moore to clear their names.

Mr Wood said he did not want to pre-empt the inquiry, but he was confident it would show the integrity of the system.
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1993_05_may_mates20

The Canberra Conservation Council expressed “”grave disquiet” yesterday at the terms of the inquiry into a North Canberra development announced on Tuesday.

The president of the council, Jacqueline Rees, said the inquiry time of less than four weeks was far too short, given that no-one had yet been named to do it, and its terms of reference too imprecise.

The council was concerned about the sloppiness in attitude to meeting the Better Cities criteria with the development.
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1993_05_may_mabostat

The Prime Minister, Paul Keating, came face to face with indigenous people in New Zealand _ literally. It was part of the traditional Maori greeting.

He is also coming face to face with the question of native land title in Australia. While in New Zealand at the weekend he said legislation would underpin the Mabo decision, but in co-operation with the states.

Co-operation with the states is not only the courteous thing to do; it is in fact essential. Legally and constitutionally, the Commonwealth cannot act alone in dealing with Mabo, at least not satisfactorily.
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1993_05_may_mabo

The Australian Government should go as far as possible in meeting sweeping Aboriginal demands over Mabo because it will only face litigation if it does not, according to departmental advice.

The departmental advice for ministers on the Government’s Mabo committee was obtained by The Canberra Times yesterday. It comes after Aboriginal groups met the Prime Minister, Paul Keating, on Tuesday and presented a list of demands. They were not made public at the time.

The demands include a veto over any new grants (by sale or lease) of Crown land in Australia and recognition in the Constitution of Aboriginal prior ownership.
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