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federal law and prosecuted in federal courts. The Navaho Nation legal system also uses a
traditional legal process alongside the American common law model called Hozhooji Naat’aanii,
or peacemaking, which is a form of mediation where peacemakers give opinions to assist parties
in resolving their dispute through teaching and guidance.34
74.
In 1999, the Tsuu T’ina Nation of Alberta, Canada, inaugurated, with provincial
government support, a comprehensive aboriginal justice system, in a partnership that blends
aboriginal justice traditions, including the office of peacemaker, with the Provincial Court of
Alberta. The Tsuu T´ina Court has jurisdiction over offences that take place on the reserve; the
peacemaker’s role includes active promotion and teaching of traditional values and restoring
harmony within the community. The Federation of Saskatchewan Indian Nations is
negotiating with the federal and provincial governments to set up a justice system rooted in
First Nation values, culture and spirituality, which represents a community-driven process. The
Mi’kmaq Nation is working on similar projects.35
75.
In New Zealand, the Treaty of Waitangi, signed in 1840 by the settler government and
more than 100 Maori chiefs, recognized local Maori land and fishing rights, but these had been
whittled away by subsequent governmental and private actions. The Waitangi Tribunal was
established by the Treaty of Waitangi Act 1975 to hear claims by Maori about the acts or
omissions of the Crown that have prejudiced them and to make recommendations to the Crown
on those claims, which may include grievances concerning discrimination in relation to the
justice system. The Tribunal attempts to restore Maori status both substantively, through its
carefully considered decisions, and procedurally, by giving due respect to Maori custom.
Findings of fact are often based upon extensive historical and anthropological research, but its
uniqueness lies in its procedural features - an innovative amalgam of Maori custom and British
settler court practice. The Maori Land Court is the only Maori court; it deals with land issues
and its transactions are carried out in a traditional and appropriate manner, including the use of
the Maori language.
76.
There is increasing interest in New Zealand in the concept of restorative justice. The
Ministry of Justice interprets this in a practical sense to mean a process whereby parties with a
stake in a specific offence collectively resolve how to deal with the aftermath of the offence and
its implications for the future. The adoption or recognition of restorative justice concepts in
legislation brings customary and statute law closer together. The concept and practice of Family
Group Conferences, closely allied with restorative justice models, aims to provide holistic
engagement with young offenders and give them, their families and the community a stake in
reducing crime and building stronger communities from the “flax roots” up.
77.
Norway now has both a Land Disputes Tribunal, which adjudicates on questions relating
to land titles, the right of usufruct and boundary disputes involving Sami people, and a district
court within the Sami language administrative district, in which the Sami and Norwegian
languages have equal status.
78.
In Australia, the Community Justice Group projects, which started in 1993, aim to
provide Aboriginal peoples with a mechanism for dealing with problems of justice and
social control that is consistent with Aboriginal law and cultural practices as well as the