Extinguishing Title (2013)
This book presents an argument on the systematic extinguishing of Maori rights to title to land in Aotearoa New Zealand. It identifies the key values informing crown justification for disposing of inalienable reserve lands to claim their reworking within the contemporary administration of Maori land by the Maori Land Court. The task of the Court is to ensure that no further alienation of Maori land occurs; however, it is claimed that the Court applies restrictive interpretations of Maori customary law (Tikanga) to direct owner-families, who share tribal affiliation, to form a tribal trust to administer their undivided interests in land. The Court, furthermore, reserves the right to change the status of the land and to transfer it from owner-trustees to the independent Maori Trustee, if it is deemed that owners have not fulfilled their obligations to care for their land. Critical cultural and critical race theory form the conceptual basis for examining the silences of cultural difference ideology and for urging a rethink in Maori affairs.