Race relations at their best—Judge

Press, 21 July 1988, Page 14

Race relations at their best—Judge

NZPA Auckland The Waitangi Tribunal’s chairman, Chief Judge Durie, considers race relations have never been better. “For the first time New Zealanders are grappling with the problems, not sweeping them under the carpet,” Judge Durie said. “Although there is a strong backlash, and you couldn’t expect there to be none, there is an amazing amount of support out there.” He cited a recent survey which found that 44 per cent of New Zealanders supported return of fishing grounds to far north tribes, and 31 per cent believed provisions of the Treaty of Waitangi should become part of New Zealand law. "That is a lot higher than I thought it would be.” Judge Durie said the courts, the public and the tribunal were on a learning curve. “We are trying to weld two cultures, not to have two separate laws, but to have one law for both.”

The short-staffed tribunal could not hope to deal with the more than 150 claims before it for many years to come, but Judge Durie hoped the pressures would ease as settlements started flowing through. “We have to take one case at a time, slowly, see what the public and political reaction is, keep in touch with reality.” But if the tribunal’s recommendations were acceptable to claimants and the Government, they could point the way for other settlements without going through the tribunal. “If we can solve one case, we can solve 30,” he said. Judge Durie saw the Waitangi Tribunal as part of an evolving system of justice in New Zealand. “This tribunal can’t be the cure-all for all Maori matters,” he said. . Since the tribunal was established, laws have been introduced containing references to the Treaty of Waitangi and Maori people to

take complaints direct to the courts.

The Judge kept a keen watch on judicial projects throughout the world aimed at involving the community in the legal process and making the courts less remote.

“In the next 20 years New Zealand could develop a very distinctive jurisprudence, a legal system of its own, adapted to its own environment. Other countries have talked of a division of power for indigenous people. "But the concept of partnership as talked about by Sir Robin Cooke in the Court of Appeal (in the Maori Council case against transfer of Crown assets to State-owned Enterprises) is unique. I can’t think of another country developing that. It may not work, but we are going down a path of our own.”

Judge Durie said it was not often realised that Maori people had their own legal system to resolve disputes over things ijke resource ownership.