Prosecutions and human rights – are they mutually exclusive?

Despite intense national opposition to the Foreshore Seabed Bill, legislation was enacted vesting the foreshore and seabed in the Crown. Though international bodies have found this legislation to be discriminatory, in the absence of an amendment to the law, Maori (indigenous people of New Zealand) have no recourse other than to satisfy the provisions of the legislation for recognition of customary rights within the foreshore and seabed area. This article considers in detail the doctrine of aboriginal title. This doctrine is relatively undeveloped in New Zealand and a comparative analysis with comparable jurisdictions is undertaken in order to ascertain whether this doctrine could assist a claim for Maori.