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Yawuru

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The Yawuru , also spelt Jawuru , are an Aboriginal Australian people of the Kimberley region of Western Australia .

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71-566: A Japanese linguist, Hosokawa Kōmei (細川弘明), compiled the first basic dictionary of the Yawuru language in 1988, and followed it up with a comprehensive descriptive grammar in 2011. Their territory, much of it of open saltmarsh , encompasses the area from the eastern shores of Roebuck Bay south of Roebuck Plains through to the southern end of Thangoo Station and within 5 miles of Cape Villaret. Their inland extension ran close to Dampier Downs. Norman Tindale's overall estimate of their territory posits

142-425: A Banaga father and a Burungu woman is classified as Barrjarri, while a Garimba woman married to a Barrjarri man produces Banaga offspring. The Yawuru recognize six seasons in the year: Barrgana , Wirlburu , Laja , Marrul , Wirralburu and Man-gala . The dry cold season ( Barrgana ) coincides with a change of fishing from the open sea to the native salmon in creeks; after a brief transitional phase ( Wirlburu ),

213-626: A credible, but yet unproven, claim to Aboriginal title. In 2014 the Supreme Court ruled unanimously for the plaintiff in Tsilhqot'in Nation v. British Columbia . Rejecting the government's claim that Aboriginal title applied only to villages and fishing sites, it instead agreed with the First Nation that Aboriginal title extends to the entire traditional territory of an indigenous group, even if that group

284-471: A declension class. Verbs inflect to denote person, number, tense, mood, and aspect. Prefixes, suffixes, and enclitics are used to conjugate verbs. There are four person categories in Yawuru: first person, second person, third person, and fourth person, which is made up by a first person inclusive (includes the speaker and the hearer). Word order is flexible, with the verb often preceding the subject. Yawuru has

355-596: A domain of roughly 2,100 square miles (5,400 km). Their neighbouring tribes were the Jukan to the north, and, running clockwise, the Warrwa northeast, the Nyigina on the eastern hinterland, and on their southern frontier the Karajarri . The border with the latter is marked by an ecological transition from the coastal saltmarsh plains to the dense, sandy pindan scrubland occupied by

426-595: A famous dictum in Calvin's Case (1608) that the laws of all non-Christians would be abrogated upon their conquest. Coke's view was not put into practice, but was rejected by Lord Mansfield in 1774. The two doctrines were reconciled, with the Doctrine of Continuity prevailing in nearly all situations (except, for example, public property of the predecessor state) in Oyekan v Adele (1957). The first Indigenous land rights case under

497-412: A large borrowing from neighbouring Pama-Nyungan languages . The vocabulary is specifically strong in terms of environment, reflecting on the culture. Native title Aboriginal title is a common law doctrine that the land rights of indigenous peoples to customary tenure persist after the assumption of sovereignty to that land by another colonising state. The requirements of proof for

568-446: A long time ago, generally before the assertion of sovereignty , and continuity to the present day. Aboriginal title does not constitute allodial title or radical title in any jurisdiction. Instead, its content is generally described as a usufruct , i.e. a right to use, although in practice this may mean anything from a right to use land for specific, enumerated purposes, or a general right to use which approximates fee simple . It

639-883: A statutory procedure that returned approximately 40% of the Northern Territory to Aboriginal ownership; the Anangu Pitjantjatjara Yankunytjatjara Land Rights Act 1981 , had a similar effect in South Australia . The High Court of Australia , after paving the way in Mabo No 1 by striking down a State statute under the Racial Discrimination Act 1975 , overruled Milirrpum in Mabo v Queensland (No 2) (1992). Mabo No 2 , rejecting terra nullius , held that native title exists (6–1) and

710-765: Is a Western Nyulnyulan language spoken on the coast south of Broome in Western Australia. Grammatically it resembles other Nyulnyulan languages. It has a relatively free word order . By the late 1990s the number of fluent speakers of Yawuru had dropped to a handful but a few younger people dedicated themselves to learning the language and they are now teaching it in schools and in adult classes, in Broome. The vowel phonemes are short vowels /ɪ/, /a/, and /u/, and long vowels /iː/, /aː/, and /ʊː/ (spelled ii, aa, uu). Consonantal segments include: Speakers also use glottal stops, implosives, and ejectives. Syllable structure in

781-514: Is common ground among the relevant jurisdictions that aboriginal title is inalienable, in the sense that it cannot be transferred except to the general government (known, in many of the relevant jurisdictions, as " the Crown ")—although Malaysia allows aboriginal title to be sold between indigenous peoples, unless contrary to customary law . Especially in Australia, the content of aboriginal title varies with

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852-896: Is extinguishable by the sovereign (7–0), without compensation (4–3). In the wake of the decision, the Australian Parliament passed the Native Title Act 1993 (NTA), codifying the doctrine and establishing the National Native Title Tribunal (NNTT). Western Australia v Commonwealth upheld the NTA and struck down a conflicting Western Australia statute. In 1996, the High Court held that pastoral leases , which cover nearly half of Australia, do not extinguish native title in Wik Peoples v Queensland . In response, Parliament passed

923-401: Is relied on as proof of occupation pre-sovereignty, there must be a continuity between present and pre-sovereignty occupation, and (iii) at sovereignty, that occupation must have been exclusive." Subsequent decisions have drawn on the fiduciary duty to limit the ways in which the Crown can extinguish Aboriginal title, and to require prior consultation where the government has knowledge of

994-838: The Committee on the Elimination of Racial Discrimination . The 2004 Act was repealed with the passage of the Marine and Coastal Area (Takutai Moana) Act 2011 . The High Court of Australia , which had appellate jurisdiction before 1975, recognized aboriginal title in Papua New Guinea —decades before it did so in Australia—in Geita Sebea v Territory of Papua (1941), Administration of Papua and New Guinea v Daera Guba (1973) (the "Newtown case"), and other cases. The Supreme Court of Papua New Guinea followed suit. Schedule 2 of

1065-610: The Constitution of Papua New Guinea recognizes customary land tenure , and 97% of the land in the country remains unalienated. In Alexkor v Richtersveld Community (2003), a suit under the Restitution of Land Rights Act 1994 , lawyers gathered case law from settler jurisdictions around the world, and judges of the Constitutional Court of South Africa talked frankly about Aboriginal title. The Land Claims Court had dismissed

1136-545: The Laja period, encompassing September to November, kicks in, called "married turtle time" where abundance caches of eggs can be harvested from the beaches, and reef fishing feasible. The humid Marrul period follows, when one fishes for whiting , trevally , queenfish and mullet . The Yawuru are a coastal people whose basic diet consisted of seafood – fish, turtles, stingrays , dugong , crabs and mangrove shells – but also sand monitors , flying foxes , and bush food foraged in

1207-638: The Native Land Act 1909 declared aboriginal title unenforceable against the Crown. Eventually, the Privy Council acquiesced to the view that the Treaty was non-justiciable. Land was also lost under other legislation. The Counties Act 1886 s.245 said that tracks, "over any Crown lands or Native lands, and generally used without obstruction as roads, shall, for the purposes of this section, be deemed to be public roads, not exceeding sixty-six feet in width, and under

1278-493: The Native Title Amendment Act 1998 (the "Ten Point Plan"), extinguishing a variety of Aboriginal land rights and giving state governments the ability to follow suit. Western Australia v Ward (2002) held that native title is a bundle of rights , which may be extinguished one by one, for example, by a mining lease. Yorta Yorta v Victoria (2002), an appeal from the first native title claim to go to trial since

1349-594: The Numbered Treaties were void. A variety of non-land rights cases, anchored on the Constitution Act 1982, have also been influential. Delgamuukw v. British Columbia (1997) laid down the essentials of the current test to prove Aboriginal title: "in order to make out a claim for [A]boriginal title, the [A]boriginal group asserting title must satisfy the following criteria: (i) the land must have been occupied prior to sovereignty, (ii) if present occupation

1420-731: The Toledo District filed a complaint with the Inter-American Commission on Human Rights (IACHR), which sided with the Maya in 2004 and stated that the failure of the government of Belize to demarcate and title the Maya cultural lands was a violation of the right to property in Article XXIII of the American Declaration . In 2007, Chief Justice Abdulai Conteh ruled in favor of the Maya communities of Conejo and Santa Cruz, citing

1491-784: The Australian citizenry as a result of the 1967 referendum . In 1971, Blackburn J of the Supreme Court of the Northern Territory rejected the concept in Milirrpum v Nabalco Pty Ltd (the "Gove land rights case"). The Aboriginal Land Rights Commission was established in 1973 in the wake of Milirrpum . Paul Coe , in Coe v Commonwealth (1979), attempted (unsuccessfully) to bring a class action on behalf of all Aborigines claiming all of Australia. The Aboriginal Land Rights Act 1976 , established

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1562-695: The CKGR. Aboriginal title has been recognized in Common Law in Canada since the Privy Council , in St. Catharines Milling v. The Queen (1888), characterized it as a personal usufruct at the pleasure of the Queen. This case did not involve indigenous parties, but rather was a lumber dispute between the provincial government of Ontario and the federal government of Canada. St. Catharines

1633-472: The Constitution Act, 1982 explicitly recognized and preserved aboriginal rights. R. v. Guerin (1982), the first Supreme Court of Canada decision handed down after the Constitution Act 1982, declared that Aboriginal title was sui generis and that the federal government has a fiduciary duty to preserve it. R. v. Simon (1985) overruled R. v. Syliboy (1929) which had held that Aboriginal peoples had no capacity to enter into treaties, and thus that

1704-653: The Court did not have jurisdiction to make a declaration in favour of the Nisga'a in the absence of a fiat of the Lieutenant-Governor of B.C. permitting suit against the provincial government. Section 91(24) of the Constitution Act, 1867 ("British North America Act 1867") gives the federal government exclusive jurisdiction over First Nations, and thus the exclusive ability to extinguish Aboriginal title. Section Thirty-five of

1775-473: The Crown did not intend to extinguish private property upon acquiring sovereignty, and thus that pre-existing interests were enforceable under British law. Its mirror was the Recognition Doctrine, which held that private property rights were presumed to be extinguished in the absence of explicit recognition. In 1608, the same year in which the Doctrine of Continuity emerged, Edward Coke delivered

1846-605: The Federal Constitution and the Aboriginal Peoples Act, as well as decisions from the Privy Council, Australia, Canada, New Zealand, and the United States. That case was the first time where Orang Asli directly and expressly challenged a state taking of their land. The opinion held that: "the aborigines' common law rights include, inter alia, the right to live on their land as their forefathers had lived." The case

1917-574: The IACHR judgement and key precedents from other common law jurisdictions. The government entered into negotiations with the Maya communities, but ultimately refused to enforce the judgement. In 2008, The TMCC and TAA, and many individual alcaldes , filed a representative action on behalf of all the Maya communities of the Toledo District, and on 28 June 2010, CJ Conteh ruled in favor of the claimants, declaring that Maya customary land tenure exists in all

1988-507: The Karajarri. The Yawuru people in Broome also include the Djugun and the two are distinguished only by minor dialectal differences . In Yawuru cosmology, the primordial time and its world is still present in its creative force, governing social relations, informing the way one interacts with the maritime and continental landscape within their traditional territory, and securing the well-being of

2059-641: The Maya villages of the Toledo District, and gives rise to collective and individual property rights under sections 3(d) and 17 of the Belize Constitution . A Botswana High Court recognized aboriginal title in Sesana and Others v Attorney General (2006), a case brought by named plaintiff Roy Sesana , which held that the San have the right to reside in the Central Kalahari Game Reserve (CKGR), which

2130-786: The Native Lands Act 1862, the Native Rights Act 1865 and the Native Lands Act 1865 which established the Native Land Court (today the Māori Land Court ) to hear aboriginal title claims, and—if proven—convert them into freehold interests that could be sold to Pākehā (New Zealanders of European descent). That court created the "1840 rule", which converted Māori interests into fee simple if they were sufficiently in existence in 1840, or else disregarded them. Symonds remained

2201-524: The Native Title Act, adopted strict requirements of continuity of traditional laws and customs for native title claims to succeed. In A-G for British Honduras v Bristowe (1880), the Privy Council held that the property rights of British subjects who had been living in Belize under Spanish rule with limited property rights, were enforceable against the Crown, and had been upgraded to fee simple during

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2272-559: The Privy Council issued many opinions confirming the existence of aboriginal title, and upholding customary land claims; many of these arose in African colonies. Modern decisions have heaped criticism upon the views expressed in Southern Rhodesia . The requirements for establishing an aboriginal title to the land vary across countries, but generally speaking, the aboriginal claimant must establish (exclusive) occupation (or possession) from

2343-402: The Treaty, and facilitate settlements . Te Weehi v Regional Fisheries Office (1986) was the first modern case to recognize an aboriginal title claim in a New Zealand court since Wi Parata , granting non-exclusive customary fishing rights. The Court cited the writings of Dr Paul McHugh and indicated that whilst the Treaty of Waitangi confirmed those property rights, their legal foundation

2414-474: The United States ), and customary title (in New Zealand). Aboriginal title jurisprudence is related to indigenous rights , influencing and influenced by non-land issues, such as whether the government owes a fiduciary duty to indigenous peoples. While the judge-made doctrine arises from customary international law , it has been codified nationally by legislation, treaties, and constitutions. Aboriginal title

2485-530: The beaches, and customary fishing rights on the foreshore. The Limitation Act 1950 established a 12-year statute of limitations for aboriginal title claims (6 years for damages), and the Maori Affairs Act 1953 prevented the enforcement of customary tenure against the Crown. The Treaty of Waitangi Act 1975 created the Waitangi Tribunal to issue non-binding decisions, concerning alleged breaches of

2556-416: The common law, Mohegan Indians v. Connecticut , was litigated from 1705 to 1773, with the Privy Council affirming without opinion the judgement of a non-judicial tribunal. Other important Privy Council decisions include In re Southern Rhodesia (1919) and Amodu Tijani v. Southern Nigeria (Secretary) (1921). The former rejected a claim for aboriginal title, noting that: Some tribes are so low in

2627-599: The community. The traditional kinship structure , typical also of other contiguous tribal groups such as the Karajarri , Nyikina and Mangala , is fourfold, consisting of the Banaga and the Burungu , the Garimba and the Barrjarri , the first two in each case form the binary unit of optimal marriage choice. Children assume their kin-tribal identity through the mother. Thus, a child born to

2698-569: The complaint of the Richtersveld peoples, whose land was seized by a government owned diamond mining operation . The Supreme Court of Appeal disagreed, citing Mabo and Yorta Yorta , but held that the aboriginal title had been extinguished. Whether the precedent will be the start of further land rights claims by indigenous peoples is an open question, given the cut-off date of 1913 in the Restitution Act. The case ultimately did not lead to

2769-567: The control of the Council". Opposition to such confiscation was met by force, as at Opuatia in 1894. A series of Acts, beginning a year after the Treaty of Waitangi with the Land Claims Ordinance 1841, allowed the government to take and sell 'Waste Lands'. Favorable court decisions turned aboriginal title litigation towards the lake beds, but the Māori were unsuccessful in claiming the rivers

2840-400: The degree to which claimants are able to satisfy the standard of proof for recognition. In particular, the content of aboriginal title may be tied to the traditions and customs of the indigenous peoples, and only accommodate growth and change to a limited extent. Aboriginal title can be extinguished by the general government, but again, the requirement to do this varies by country. Some require

2911-490: The exclusion of black African communities, an approach deemed detrimental to the spirit of national unity. The legacy of the Natives Land Act also means that few communities retain relationships with the land of which they held before 1913. Taiwanese indigenous peoples are Austronesian peoples , making up a little over 2% of Taiwan 's population; the rest of the population is composed of ethnic Chinese who colonised

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2982-567: The first time in Superintendent of Lands v. Madeli bin Salleh . The Federal Court endorsed Mabo and Calder , stating that "the proposition of law as enunciated in these two cases reflected the common law position with regard to native titles throughout the Commonwealth." The High Court of Kuching held in 2010, for the first time, that NCL may be transferred for consideration between members of

3053-521: The force of law. Malaysian court decisions from the 1950s on have held that customary lands were inalienable . In the 1970s, aboriginal rights were declared to be property rights, as protected by the Federal Constitution. Decisions in the 1970s and 1980s blocked state-sanctioned logging on customary land. In 1997, Mokhtar Sidin JCA of the Jahore High Court became the first Malaysian judge to acknowledge common law aboriginal title in Adong bin Kuwau v. Kerajaan Negeri Johor . The High Court cited

3124-449: The foreshore in Land Court. The Court also indicated that customary aboriginal title interests (non-territorial) might also remain around the coastline. The Foreshore and Seabed Act 2004 extinguished those rights before any lower court could hear a claim to either territorial customary title (the Maori Land Court) or non-territorial customary rights (the High Court's inherent common law jurisdiction). That legislation has been condemned by

3195-418: The gap between Spanish and British sovereignty. This decision did not involve indigenous peoples, but was an important example of the key doctrines that underlie aboriginal title. In 1996, the Toledo Maya Cultural Council (TMCC) and the Toledo Alcaldes Association (TAA) filed a claim against the government of Belize in the Belize Supreme Court , but the Court failed to act on the claim. The Maya peoples of

3266-442: The government owed a duty analogous to a fiduciary duty toward the Māori. This cleared the way for a variety of Treaty-based non-land Māori customary rights. By this time the Waitangi Tribunal in its Muriwhenua Fishing Report (1988) was describing Treaty-based and common law aboriginal title derived rights as complementary and having an 'aura' of their own. Circa the Te Ture Whenua Māori Act 1993 , less than 5% of New Zealand

3337-424: The guiding principle, until Wi Parata v the Bishop of Wellington (1877). Wi Parata undid Symonds , advocating the doctrine of terra nullius and declaring the Treaty of Waitangi unenforceable. The Privy Council disagreed in Nireaha Tamaki v Baker , and other rulings, but courts in New Zealand continued to hand down decisions materially similar to Wi Parata . The Coal Mines Amendment Act 1903 and

3408-437: The inclusion of the Aboriginal title in South African doctrine. Legal scholars allege that this is because the application of terms like 'indigenous' and 'Aboriginal' in a South African context would lead to a number of contradictions. The identity of the indigenous groups in South Africa is not self-evident. The adoption of a strict definition, including only communities descended from San and Khoekhoe people, would entail

3479-456: The independent existence of common law aboriginal title. Native Customary Rights (NCR) and Native Customary Land (NCL) are provided for under section 4(2) of the National Land Code 1965, the Sarawak Land Code 1957, the respective provisions of the National Land Code (Penang and Malacca Titles) Act 1963, and the Customary Tenure Enactment (FMS). Rajah's Order IX of 1875 recognized aboriginal title by providing for its extinguishment where cleared land

3550-592: The initial position is #CV(:) (C(C)), in the medial position is CV(:)(C), and in the final position is CV(C(C))#. # representing the word boundary, C standing for consonant, V for vowel, and V: for long vowel. The most common syllables are CV or CVC (CV: or CV:C). There is no noun class in Yawuru. Adverbs belong to the same class as nominals. There is a verb class. Nouns and adjectives are distinguished through semantic context. Nominals inflect for case and adverbs, belonging to this class, take case markers. Case markers are signified by enclitics. Nominals do not have

3621-414: The island from the 17th century onward. From 1895 Taiwan was under Japanese rule and indigenous rights to land were extinguished. In 1945, the Republic of China (ROC) took control of Taiwan from the Japanese Empire ; a rump Republic of China was established on Taiwan in 1949 after the Communists won the Chinese Civil War . From then, indigenous people's access to traditional lands was limited, as

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3692-430: The land of both as one single unit, with the majority of Djugun families assimilated into the Yawuru. Following a Federal Court decision by Justice Ron Merkel in 2010, the Yawuru people became one of the native title holders of the Western Australian town of Broome , including pockets of land in and around the townsite and two pastoral stations. Source: Tindale 1974 , p. 243 Yawuru language Yawuru

3763-436: The legislature to be explicit when it does this, others hold that extinguishment can be inferred from the government's treatment of the land. In Canada, the Crown cannot extinguish aboriginal title without the explicit prior informed consent of the proper aboriginal title holders. New Zealand formerly required consent, but today requires only a justification, akin to a public purpose requirement. Jurisdictions differ on whether

3834-410: The prevailing law until Calder v. British Columbia (Attorney General) (1973). All seven of the judges in Calder agreed that the claimed Aboriginal title existed, and did not solely depend upon the Royal Proclamation of 1763 . Six of the judges split 3–3 on the question of whether Aboriginal title had been extinguished. The Nisga'a did not prevail because the seventh justice, Pigeon J, found that

3905-432: The provinces, and provincial law still applies. In 2008, Japan gave partial recognition to the Ainu people . However, land rights were not given for another eleven years. In 2019, Japan fully recognised the Ainu people as the indigenous people of Japan and gave them some land rights if requested. Malaysia recognised various statutory rights related to native customary laws ( adat ) before its courts acknowledged

3976-553: The recognition of native title . Aboriginal title arose at the intersection of three common law doctrines articulated by the Judicial Committee of the Privy Council : the Act of State doctrine, the Doctrine of Continuity , and the Recognition Doctrine . The Act of State doctrine held that the Crown could confiscate or extinguish real or personal property rights in the process of conquering, without scrutiny from any British court, but could not perpetrate an Act of State against its own subjects. The Doctrine of Continuity presumed that

4047-488: The recognition of aboriginal title, the content of aboriginal title, the methods of extinguishing aboriginal title, and the availability of compensation in the case of extinguishment vary significantly by jurisdiction. Nearly all jurisdictions are in agreement that aboriginal title is inalienable , and that it may be held either individually or collectively . Aboriginal title is also referred to as indigenous title , native title ( in Australia ), original Indian title ( in

4118-403: The same community, as long as such transfers are not contrary to customary law . New Zealand was the second jurisdiction in the world to recognize aboriginal title, but a slew of extinguishing legislation (beginning with the New Zealand land confiscations ) has left the Māori with little to claim except for river beds , lake beds , and the foreshore and seabed . In 1847, in a decision that

4189-468: The scale of social organization that their usages and conceptions of rights and duties are not to be reconciled with the institutions or the legal ideas of civilized society. Such a gulf cannot be bridged. Two years later, Amodu Tijani laid the basis for several elements of the modern aboriginal title doctrine, upholding a customary land claim and urging the need to "study of the history of the particular community and its usages in each case." Subsequently,

4260-633: The semi-arid pindan scrub country , divided into edible bush fruits for which they have over 90 terms, covering such things as wattle seed and native tubers, to wallabies, goanna and varieties of birds from native hens and crested pigeons to the bush turkey . Maritime fruits were prepared, after fermentation, by heating them in a baler shell over hot coals. Maritime hunting technology consisted of fishing spears, fishing boomerangs , fish-stunning poisons, nets made of massed grass sheaves shoved through waters to corner fish, and by building rock ponds fenced with stakes fashioned from mangrove wood, whose base

4331-450: The state is required to pay compensation upon extinguishing aboriginal title. Theories for the payment of compensation include the right to property , as protected by constitutional or common law, and the breach of a fiduciary duty . Australia did not experience native title litigation until the 1970s, when Indigenous Australians (both Aboriginal and Torres Strait Islander people) became more politically active, after being included in

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4402-403: Was abandoned. Rajah's Order VIII of 1920 ("Land Order 1920") divided "State Lands" into four categories, one of them being "native holdings", and provided for the registration of customary holdings. The Aboriginal People's Act 1954 creates aboriginal areas and reserves, also providing for state acquisition of land without compensation. Article 160 of the Federal Constitution declares that custom has

4473-400: Was decided in the wake of the Indian Act (1876), which laid out an assimilationist policy towards the Aboriginal peoples in Canada ( First Nations , Inuit , and Métis ). It allowed provinces to abrogate treaties (until 1951), and, from 1927, made it a federal crime to prosecute First Nation claims in court, raise money, or organize to pursue such claims. St. Catharines was more or less

4544-539: Was first acknowledged in the early 19th century, in decisions in which indigenous peoples were not a party. Significant aboriginal title litigation resulting in victories for indigenous peoples did not arise until recent decades. The majority of court cases have been litigated in Australia, Canada, Malaysia , New Zealand, and the United States. Aboriginal title is an important area of comparative law , with many cases being cited as persuasive authority across jurisdictions. Legislated Indigenous land rights often follow from

4615-409: Was held as Māori customary land. In 2002, the Privy Council confirmed that the Maori Land Court, which does not have judicial review jurisdiction, was the exclusive forum for territorial aboriginal title claims (i.e. those equivalent to a customary title claim) In 2003, Ngati Apa v Attorney-General overruled In Re the Ninety-Mile Beach and Wi Parata , declaring that Māori could bring claims to

4686-459: Was not appealed to the Privy Council, the Supreme Court of the colony of New Zealand recognized aboriginal title in R v Symonds . The decision was based on common law and the Treaty of Waitangi (1840). Chapman J went farther than any judge—before or since—in declaring that aboriginal title "cannot be extinguished (at least in times of peace) otherwise than by the free consent of the Native occupiers". The New Zealand Parliament responded with

4757-403: Was semi-nomadic and did not create settlements on that territory. It also stated that governments must have consent from First Nations which hold Aboriginal title in order to approve developments on that land, and governments can override the First Nation's wishes only in exceptional circumstances. The court reaffirmed, however, that areas under Aboriginal title are not outside the jurisdiction of

4828-459: Was the common law principle of continuity. The Crown did not appeal Te Weehi which was regarded as the motivation for Crown settlement of the sea fisheries claims (1992). Subsequent cases began meanwhile—and apart from the common law doctrine—to rehabilitate the Treaty of Waitangi, declaring it the "fabric of New Zealand society" and thus relevant even to legislation of general applicability. New Zealand Maori Council v Attorney-General held that

4899-478: Was upheld on appeal, but the Federal Court did not write an opinion. Later High Court and Court of Appeal decisions built upon the foundation of Adong bin Kuwau . However, the ability for indigenous peoples to bring such suits was seriously limited by a 2005 ruling that claims must be brought under O. 53 RHC , rather than the representative action provision. In 2007, the Federal Court of Malaysia wrote an opinion endorsing common law aboriginal title for

4970-409: Was violated by their 2001 eviction. The decision quoted Mabo and other international case law, and based the right on the San's occupation of their traditional lands from time immemorial . The court described the right as a "right to use and occupy the lands" rather than a right of ownership. The government has interpreted the ruling very narrowly and has allowed only a small number of San to re-enter

5041-483: Was woven with spinifex to trap fish in the tidal outflows. The timing for hunting stingrays was signaled by the onset of nyalnyala blossoms from a guardo tree, which corresponded seasonally with the period of stingray fattening. The Yawuru now predominantly live in Broome, which was built on traditional Djugun lands. Locally descendants of both groups self-identify as being one traditional group – "Jugun and Yawuru are one" – and consider

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