The Honour Of The Crown: A Review Mechanism For Māori?

Abstract

The Honour of the Crown is a Canadian doctrine that obliges the Crown to act honourably in its dealings with indigenous groups. References to the doctrine can be found scattered through New Zealand caselaw but it has yet to take root and be applied as legal doctrine in New Zealand. This paper provides an overview of what the doctrine is and its development in Canada. It also assesses the utility of the doctrine for New Zealand, the treatment of the doctrine so far by New Zealand courts and examines a number of ways in which the doctrine could be applied in New Zealand.