
The Foreshore and Seabed
On my last visit to New Zealand in 1999 I spoke as an outsider to a sceptical audience on how best to interpret the Treaty of Waitangi.1 I said that one of the great challenges facing a country formed by successive waves of immigrants is to put together disparate norms from rival cultures, each of which has its own distinctive legal understandings as to how the world does or should work. On that occasion I said that I would like to start from a neutral corner, and then proceeded to address several Roman law analogues to the question of prescriptive rights, largely on the basis that the great Roman authors were not influenced by the future events that unfolded in New Zealand. Read more