Was New Zealand a terra nullius?

Was New Zealand a terra nullius?

In 1840, the newly appointed Lieutenant-Governor of New Zealand, Captain William Hobson of the Royal Navy, following instructions from the British government, declared the Middle Island of New Zealand (later known as the “South Island”) as terra nullius, and therefore fit for occupation by European settlers.

Was New Zealand originally part of Australia?

On 1 July 1841 the islands of New Zealand were separated from the Colony of New South Wales and made a colony in their own right. This ended more than 50 years of confusion over the relationship between the islands and the Australian colony.

Why was Australia not terra nullius?

Terra nullius is a Latin term meaning “land belonging to no one”. British colonisation and subsequent Australian land laws were established on the claim that Australia was terra nullius, justifying acquisition by British occupation without treaty or payment.

When was the terra nullius overturned in Australia?

1992
The High Court’s Mabo judgment in 1992 overturned the terra nullius fiction. In the same judgment, however, the High Court accepted the British assertion of sovereignty in 1788, and held that from that time there was only one sovereign power and one system of law in Australia.

Is terra nullius still part of Australian law?

Terra nullius remained the law in Australia up until 1992. After decades of fighting for recognition of indigenous land rights, the Native Title Act was passed in 1993 by Australia’s High Court.

Are Australia and New Zealand similar?

Both share cultural similarities Both countries also share a love of the outdoors and outdoor activities, no doubt due to their excellent climates and wonderful landscapes. They’re not identical however – there are still a host of cultural differences between Australia and New Zealand.

WHO declared Australia as terra nullius?

The Proclamation of Governor Bourke, 10 October 1835 is historically significant. It implemented the doctrine of terra nullius upon which British settlement was based, reinforcing the notion that the land belonged to no one prior to the British Crown taking possession of it.

Is New Zealand lower than Australia?

New Zealand is about 29 times smaller than Australia. Australia is approximately 7,741,220 sq km, while New Zealand is approximately 268,838 sq km, making New Zealand 3.47\% the size of Australia. Meanwhile, the population of Australia is ~25.5 million people (20.5 million fewer people live in New Zealand).

What overturned terra nullius?

The High Court’s Mabo judgment in 1992 overturned the terra nullius fiction. In the same judgment, however, the High Court accepted the British assertion of sovereignty in 1788, and held that from that time there was only one sovereign power and one system of law in Australia.

Did the British treat New Zealand as terra nullius?

The British began colonizing New Zealand a few decades after Australia, but they did not treat New Zealand as terra nullius either. Instead they signed a treaty explicitly recognizing the Maori as owners of the land.

Is terra nullius legal in Australia?

Until the 1970s, the doctrine of terra nulliuswas generally accepted in Australiaon the grounds that the continent had been “settled”, aclassification which gives no legal consideration to indigenous customs.

What is an example of terra nullius in geography?

The most celebrated example is that of Australia, where the concept of terra nullius still features in lawsuits pressed by the Aboriginal peoples. Other examples of lands once considered terra nullius would be Siberia and the Americas.

Why was New Holland considered a paradigm case of terra nullius?

New Holland was considered a paradigm case of terra nullius because the British could identify no territorial units with a recognisable form of government, not because there had been no Aboriginal inhabitants.