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What Could Have Been? The Common Law Doctrine of Native Title in Land Under Salt Water in Australia and Aotearoa/New Zealand

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journal contribution
posted on 29.10.2019, 08:30 by Jacinta Ruru
Once upon a time, the Indigenous peoples of Australia and New Zealand had exclusive occupation and use of their homelands. They did not distinguish between land on dry soil and land under water - it was all considered to be one garden. In recent years, both peoples have attempted to use the courts in their respective countries to reafirm their connection with this landscape. This article examines the contemporary interpretation of the common law doctrine of native title and its applicability to one part of this space: land under salt water.

History

Publication Date

2006

Volume

32

Issue

1

Type

Article

Pages

116–144

AGLC Citation

Jacinta Ruru, 'What Could Have Been? The Common Law Doctrine of Native Title in Land Under Salt Water in Australia and Aotearoa/New Zealand' (2006) 32(1) Monash University Law Review 143

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