<p>Communal land tenure reform in Zambia is the overarching subject of study in this thesis. It is an important issue across southern Africa, raising questions of governance, livelihood security and conservation. WIldlife is a 'fugitive' and 'mobile' resource that traverses the spatially fixed tenure of communal lands, national parks and public forest reserves. The management of wildlife therefore requires that spatially defined proprietorial rights accommodate wildlife's temporal forage use. Land may bebounded in tenure, but if bounded by fences its utility as wildlife habitat is undermined. If land is unfenced, but its landholder cannot use wildlife then it is more a liability than an asset. Africa's terrestrial wildlife has enormous biodiversity value but its mobility requires management collaboration throughout its range, and the resolution of conflicting ecological and economic management scales. The paper does not aim to describe and explain the internal communal system of tenure over land and natural resources but rather how the communal system interacts with the state and the private sector.</p>

Rights to possess and/or use the foreshore of New Zealand are not clear, and are even cloudier in relation to Maori freehold land that is on the coast. This thesis investigates the law pertaining to rights in the foreshore, and the facts pertaining specifically to the use of the Otakou Maori Reserve foreshore. In particular, the research question is this: what does aboriginal title mean in 1996 for Otago Maori? Examining the legal issues, searching individual titles and gathering oral history are the methods used to answer this question. First, the law. In New Zealand the Crown is prima facie the absolute owner of the foreshore. This can be displaced by proof to the contrary. The doctrine of aboriginal title recognises the legal continuity of tribal property rights upon the Crown�s acquisition of sovereignty over their territory. Aboriginal title can be divided into two categories - territorial and non-territorial. Territorial title represents a tribal claim to full ownership, and non-territorial title to rights that are less than absolute ownership, such as the right to cross land, to fish and to collect flora and fauna. It is this doctrine of aboriginal title as it relates to the foreshore that can displace the Crown�s absolute ownership of the foreshore. Second, the facts. 99% of the coastal land parcels of Otakou Maori Reserve are described in written documentation as to the line of mean high water. This 99% is made up 17% Maori freehold land, 49% general land and 33% vested in the Crown or the Dunedin City Council. The remaining 1% is Maori freehold land that does not have its boundary at mean high water, but has a fixed upland boundary. Oral history facts from the takatawhenua identify that the foreshore continues to be used for access, travel, and the collection of kai moana and sea resources. The findings reveal that Kai Tahu ki Otakou have never extinguised their territorial and non-territorial aboriginal title to the foreshore of Otakou Maori Reserve. Suggested areas for future research include an investigation of other Maori reserves in Otago, and examining the doctrine of aboriginal title as it relates to the beds of watercourses.

That a Maori problem existed in the North Island in the 1850�s and 1860�s, the inhabitants, both Maori and Pakeha agreed, but beyond that point there was very little agreement. What was the nature of the problem? Definitions were conflicting. Most Maoris saw the problem as one of survival, political and cultural, in their encounter with a foreign civilization determined upon their subjugation. They looked to the King Movement to prevent the European takeover which they apprehended would destroy their, independence and way of life. To the average colonist, on the other hand, the problem represented the Maoris themselves: their very existence in the country which he had come to settle; their claimed ownership of the land which he wanted to farm; their inconvenient (to him) system of land tenure, which rendered purchase difficult; their ignorance and disregard of the laws and customs which governed his society. The solution, in his view, was to detribalize the Maoris, make them obedient to his rule, and individualize or partition their communally owned land in order to facilitate his gaining possession of it. He desired colonial control of native affairs so that such a policy might be put into effect, but was unwilling to assume full responsibility lest Britain should leave the colony to bear the entire burden of its own defence against the potentially hostile tribes. The Ministers of the Imperial Government were concerned with yet other aspects of the same problem - observing the Treaty of Waitangi and protecting the Queen�s Maori subjects from injustice without obstructing the progress of colonization; keeping the peace between two cultural groups whose interests were often antagonistic; upholding British law and sovereignty. A difficult enough task, but one rendered still more difficult by the growing reluctance of the British taxpayer to foot the bill. Finally, the Governor, the man who had to find some way to resolve these conflicting aims and desires, faced his own particular dilemmas. How much responsibility should he accept for native affairs? How much control should he allow the Colonial Ministry to arrogate to itself. What interpretation should he place on the Treaty of Waitangi with respect to the rights of chiefs and the sovereignty of the Queen? By what means could he "civilize" the Maoris and bring about their assimilation into colonial society? Should he impose or persuade, legislate, educate, or conquer by force of arms? How was he to obtain the finance and power necessary to carry out any policy successfully? This thesis is an attempt to survey the many facets of a cultural and political relationship under stress and to examine, explain and comment upon the plans and attempts of various groups and individual leaders to adjust that relationship to coincide with their own conception of what was necessary and right -- Preface.

Achieving �justice� is the overriding aim of the Treaty settlement process. This process was established to resolve Maori historical grievances against the New Zealand Crown for alleged breaches of the Treaty of Waitangi. Because historical injustices involve the interactions of cultures over time, justice in the Treaty settlement process is shaped, and constrained, by two main factors: �culture� and �time�. The settlement of Ngai Tahu�s historical grievances, and in particular the return of pounamu as part of the settlement, achieved a large measure of this limited kind of justice. The Ngai Tahu settlement and the return of pounamu suggest that Treaty settlements are achieving, and may continue to achieve, a large measure of the justice available in the Treaty settlement process. Examination of the return of pounamu to Ngai Tahu reveals, however, that new injustices may have been created in the Ngai Tahu settlement. These new injustices are critically analysed, and recommendations for maximising justice in the Treaty settlement process are suggested. If Treaty settlements are to achieve the maximum justice available in the Treaty settlement process, the Treaty partners must heed the warning signs arising from the possible creation of new injustices in the Ngai Tahu settlement.

No description available.

No description available.

This thesis began as an investigation of the effect of adverse possession upon the land market where the adverse possession extends only to a small portion of the abutting parcel and the subject land is under a title registration scheme. The consequence of such adverse possession on part only of a parcel is that the location of the boundary demarcating the limits of the respective domains of two adjoining land parcels may be displaced. / If part parcel adverse possession effectively transfers ownership of a small portion of an abutting parcel, the boundaries are shifted consequent to long term occupation, and will prevail over the strict technical legal boundary. In a registered title land system the occupational boundary then prevails over the legal boundary as certified in the register notwithstanding that registered title schemes purport to confer conclusiveness upon register entries. Alternatively, the registered proprietor’s estate is not paramount where any part of the proprietor's parcel has been adversely occupied. Consequently the occupier has an interest in the proprietor's land that is not disclosed in the register. Inspection of the register and reliance upon the inspection is insufficient to ascertain the complete legal status of the particular land holding. Inspection with consequent reliance upon the register is the major function of a registered title scheme. Alternatively, if part parcel adverse possession is ineffective to transfer ownership of registered land, the technical legal boundary prevails over the occupational boundary despite the fact that it is not the boundary accepted by the parties involved as governing. / Both alternatives present a problem to the orderly conduct of the land market. Where occupations prevail, the prudent market participant takes precautions besides relying on inspection of the register. Where the legal boundary prevails, the participant seeks confirmation that the occupational and legal boundaries coincide. / Another alternative utilised in some registered title jurisdictions empowers a court to transfer small sections to an adjoining landholder where a building or similar improvement is erected so that it encroaches upon the adjacent holding. This alternative was included within the ambit of the thesis as it developed. / The aim of this research was the formulation of the best solution suitable for a registered land system with particular reference towards a uniform solution suitable for adoption in all Australian jurisdictions. The existing systems utilising adverse possession and statutory encroachment were evaluated against three recent law cases that illustrate the workings of these systems including perceived shortcomings. These lawsuits serve as a test against which the existing systems are compared and evaluated and were also used to evaluate the proposed solution. The results suggest that adverse possession alone should not override the purpose of the register which is to fully disclose the proprietary interests in land parcels. It was concluded that a necessary step in acquiring title to land through adverse possession involves the registration of the interest acquired. Whereas the present modes of dealing with the boundary problem are adequate, it is concluded that the best mode is that of statutory encroachment because it best serves several competing interests. Adopting the proposed solution would involve change and compromise in some of the Australian jurisdictions; these being necessary to adopt a uniform scheme throughout Australia. The proposed solution has added benefits of removing an illogicality from some of the present systems, eliminating encouragement for an off-register land market, and fosters an accurate public land register.

ivThe rapid increase of land development, the increase in population and theexploitation of natural resources have caused great concern to mostgovernments in the world today. Land and land tenure systems are the keyelements and the key forces which shape the society. However, theconstraints of the land tenure system and the effects of rapid economicdevelopment are visible throughout the world today, especially in lessdeveloped countries. Therefore land problems often break out as disputes. Inthis context, this thesis concentrates on customary land tenure and thecustomary land problems in Fiji.The main purpose of this thesis is to propose an alternative centre for theadministration and management of customary disputes, which will utiliseland information and geographical information to its maximum capabilities.It is anticipated that this model would assist customary landowners, landadministrators and land managers to resolve customary land disputes. TheFiji customary land tenure system is examined, in particular, landownership,land boundaries and land administration. These three topics are discussedindividually and then discussed as a basis of land disputes. It is in these threeareas that a procedure is developed into a system that may help in customaryland dispute resolution.This thesis aims to assist all other countries with customary land tenureproblems, especially those countries of the South Pacific that share the sameprinciples and the same flexibility.

Thesis (Ph.D.) -- McMaster University, 1998. / Includes bibliographical references (leaves 256-275). Also available via World Wide Web.

Thesis(M.S.)--Auburn University, 2005. / Abstract. Vita. Includes bibliographic references.