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''New Zealand Maori Council v Attorney-General, ''also known as the "Lands" case or "SOE" case, was a seminal New Zealand legal decision marking the beginning of the common law development of the principles of the Treaty of Waitangi. ==Background== The Fourth Labour Government was embarking on a programme of commercialisation of government departments and on 1 April 1987 the State-Owned Enterprises Act 1986 came into force. The Act would allow assets and land owned by the Crown to be transferred to State-Owned Enterprises (SOEs) which were government departments restructured and operated as companies.〔''New Zealand Maori Council v Attorney-General'' () 1 NZLR 641 at 651.〕 After the introduction of the State-Owned Enterprises Bill into the House of Representatives on 30 September 1986, an interim report of the Waitangi Tribunal had been given to the Minister of Māori Affairs. The Tribunal report feared that land transferred to SOEs such as the Forestry Corporation or Land Corporation would then be out of the power of the Crown to return to iwi in accordance with Tribunal recommendations because the SOE would have sold the land to a private buyer or be unwilling to sell the land back to the Crown. These land transfers would equate to a large proportion of New Zealand's land surface area.〔''New Zealand Maori Council v Attorney-General'' () 1 NZLR 641 at 653.〕 Included in the State-Owned Enterprises Act were two key sections, section 9 and section 27. Section 9 read, "9. Treaty of Waitangi — Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi."〔''New Zealand Maori Council v Attorney-General'' () 1 NZLR 641 at 656.〕 Section 27 concerned land transferred under the Act which was subject to a Waitangi Tribunal claim prior to the Governor-General's assent of the Act, 18 December 1986.〔''New Zealand Maori Council v Attorney-General'' () 1 NZLR 641 at 657.〕 The main concern for the New Zealand Māori Council was that only where claims had been lodged before 18 December 1987 could the alienation of Māori lands be halted. The Māori Council filed for a judicial review in March 1987 alleging in their statement of claim, "Unless restrained by this Honourable Court it is likely that the Crown will take action consequential on the exercise of statutory powers pursuant to the Act by way of the transfer of the assets the subject of existing and likely future claims before the Waitangi Tribunal in breach of the provisions of section 9 of the Act". 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「New Zealand Maori Council v Attorney-General」の詳細全文を読む スポンサード リンク
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