Edward Durie was born in Gisborne and was educated at Te Aute College and Victoria University graduating with BA/LL.B in 1964. At Victoria he was president of the New Zealand Federation of Māori Students. From 1965-1974 he was a senior partner at Dillon Gooch & Durie Barristers & Solictors, Tauranga. In 1974 he was appointed a Judge in the Māori Land Court and in 1981 took up the appointments of Chief Judge of the Māori Land Court and Chair of the Waitangi Tribunal. Durie is a member of various councils and commissions including the New Zealand Planning Council, the New Zealand Electoral Commission, the Advisory Group of the New Zealand Law Commission, the Editorial Board, Melanesian Journal of Land Studies, and the Advisory Council of Australian Indigenous Law Reporter. He is a Trustee of the Strategic Studies Institutes (Asia and Pacific), a Referee for the Foundation for Research Science & Technology, and a Trustee of the Institute of Advanced Legal Studies. He is a Patron of the Cambodia Trust and has been a representative on the National Council of Churches at Singapore and Canada. Durie has been a Synodsman in the Waiapu Diocese and a General Synodsman of the Anglican Church. He is a member of the Standing Committee of Bishopric of Aotearoa. He has received travel awards to the USA, Japan and Australia, and was a recipient of the Queen Silver Jubilee Medal in 1978 and the New Zealand Commemorative Medal in 1990. He was awarded a Doctor of Laws (honoris causa) from Victoria University in 1990, and an Honorary Doctorate from Waikato University in 1994. Durie has written and presented numerous papers on Māori and Pacific Land Tenure, Māori Treaty claims and Indigenous Peoples. He is married to Donna Hall.
Biographical sources
- Correspondence with Judge Durie, 20 Aug, 1998.
- Mana Tiriti: The Art of Protest and Partnership. Wellington, N.Z.: Haeata
- Project Waitangi
- City Art Gallery
- Wellington City Council
- Daphne Brasell, 1991. 64.
- Te Ao Hou 76 (1975): 41.
Non-fiction
- "Asian Conference." Te Ao Hou 61 (1967/68): 55.
- In April 1967 Durie was one of sixty-five Youth Leaders from fifteen Asian countries who attended a Consultation in Singapore sponsored by the East Asian Christian Council. The theme of the Consultation was "The Church, the Young Churchman and the Nation". Te Ao Hou has published the conclusion of Durie’s written report of the Consultation in which Durie advocates a re-evaluation of New Zealand’s relationship with its Asian neighbours.
- New Approaches to Māori Land in the 1980’s with Particular Reference to its Settlement and Resettlement in the Northern Half of the North Island. [Auckland, N.Z.]: Annual Lecture of the Auckland Branch, New Zealand Geographical Society, no. 11, 1981.
- In this lecture presented at the University of Auckland, N.Z. on 16 September 1981, Durie provides a background to the tribal and geographic distribution of Māori land, examines the historical land-use by Māori from the time of European settlement, and notes the changes in Māori land ownership since the Second World War. Durie discusses five trends affecting Māori land in the 1980s, gives a broad description of Māori land use and management in specific areas of the North Island, and discusses the increased predilection of tribal groups to enhance association with ancestral lands not just for economic ends.
- Waitangi Tribunal. Report Findings and Recommendations of the Waitangi Tribunal on an Application by Aila Taylor For and on Behalf of Te Atiawa Tribe in Relation to Fishing Grounds in the Waitara District. Wellington, N.Z.: The Tribunal, 1983.
- Edward Taihakurei Durie, chairman; Walter Max Willis, Sir Graham Stanley Latimer, member[s].
- "Part II And Clause 26 of the Draft N. Z. Bill of Rights." Te Hikoi Ki Waitangi, 1985. [Otara: Waitangi Action Committee, 198?]: 100-108.
- New Zealand Waitangi Tribunal. Finding of the Waitangi Tribunal Relating to Te Reo Māori and a Claim lodged by Huirangi Waikerepuru and Nga Kai Whakapumau, Te Reo Incorporated Society [The Wellington Board of Māori Language]. Wellington, N.Z.: The Tribunal, 1986].
- By Edward Taihakurie Durie, Sir Graham Stanley Latimer, Paul Basil Temm. [
- "The Law and the Land." Te Whenua, Te Iwi: The Land and the People. Ed. Jock Phillips. Wellington, N.Z.: Allen & Unwin in association with Port Nicholson, 1987. 78-81.
- Durie writes of the traditional Māori approach to land which was not one of controlling or developing the land but being part of it and being guardians of it. He discusses how European settlement and western individualistic, secular and capitalistic thinking mitigated these traditional Māori values. In the history of Māori land loss, the onus was placed on Māori land owners to develop a mentality of "use it or lose it". Durie notes that in this era of heightened awareness of protecting remaining Māori lands, there is an impetus "to put an end to [the] driving need that permeates our Western society, to own, possess and dominate the landscape, and to re-establish a corner of the world where one can simply belong."
- New Zealand Law Society Seminar: The Treaty of Waitangi. [Wellington, N.Z.]: The Society, [1989].
- Leaders E. T. J. Durie [et al].
- New Zealand Waitangi Tribunal. Report of the Waitangi Tribunal on the Te Reo Māori Claim [Wai II] 2nd Ed. Wellington, N.Z.: The Tribunal, 1989. [Waitangi Tribunal reports, 0113-4124]
- "Māori Custom and the Law." Te Reo O Te Tiriti Mai Rano: The Treaty Is Always Speaking. Eds. Bernard Kernot and Alistair McBride. Wellington, N.Z.: Alistair McBride for the Tertiary Christian Studies Programme of the Combined Chaplaincies at Victoria University of Wellington, 1989. 28-33.
- Durie discusses Māori custom, observing the argument placed by some that it must remain unviolated and unchanged. Durie, however, states that Māori custom can accommodate change in tandem with altering circumstances. He writes that custom should be seen as "a proper source of law" and "not merely as the LORE that is usually taught." Arguing that "the law is little more than a compilation of those cultural standards and norms built up over many years that continue to hold a measure of acceptance in society", Durie contends that the British judicial form does not need to overshadow other forms of customary procedures for the maintenance of order. He contrasts British and traditional Māori ways of dealing with offenders. Durie concludes that the Treaty "proposed a place for two cultures in this country", not one superseding the other. He argues that "the culture and traditions of both parties were intended to be respected."
- "A Special Relationship: Tangata Whenua and Tangata Tiriti." New Zealand 1990: Official Souvenir Publication. Auckland, N.Z.: Dow, 1990. 18.
- Durie writes of four important qualities of the Treaty of Waitangi, the document he calls the national birthright of the nation. Durie then contemplates the future and writes that "[i]t might be said that the Treaty means to assure a secure place for both cultures, one Pakeha, one Māori. One need not dominate over the other, but both might be respected and maintained for mutual gain."
- "The Role of the Waitangi Tribunal and the Development of a Bicultural Jurisprudence." NZULR 14 June 1990. No further details.
- Co-authors E. T. J. Durie with Professor Gordon Orr (Member of the Waitangi Tribunal)
- "Māori Claims: Is the Challenge Being Met?" Puna Wairere: Essays by Māori. Wellington, N.Z.: New Zealand Planning Council/Te Kaunihera Whakakaupapa mo Aotearoa, 1990. 20-26.
- Durie discusses how Māori claims have been dealt with since the signing of the Treaty of Waitangi, and notes that while Māori "pinned their hopes on the Treaty of Waitangi", it soon became apparent that there was a wide discrepancy between the law espoused by the Treaty and that which was actually realised and legitimated by Parliament. Durie goes on to explain the present political and legal processes of dealing with Māori claims, and gives an assessment of the Waitangi Tribunal and his opinion of the recent political push towards the rapid disposal of Māori claims within the next five to ten years.
- "A Peaceful Solution." Mana Tiriti: The Art of Protest and Partnership. Wellington, N.Z.: Haeata, Project Waitangi, City Art Gallery, Wellington City Council, Daphne Brasell, 1991. 64-69. Rpt. in Te Ao Mārama: Regaining Aotearoa: Māori Writers Speak Out. Comp. and ed. Witi Ihimaera. Contributing ed. Haare Williams, Irihapeti Ramsden and D. S. Long. Vol. 2: He Whakaatanga O Te Ao: The Reality. Auckland, N.Z.: Reed, 1993. 177-182.
- Durie answers a series of questions on the function and scope of the Waitangi Tribunal. He gives a brief history of the Waitangi Tribunal, outlines the process of hearing Tribunal claims, discusses the extent of the Tribunal’s jurisdiction and briefly comments on other issues affecting the working of the Tribunal.
- "Justice, Biculturalism and the Politics of Law." Justice & Identity: Antipodean Practices. Ed. Margaret Wilson and Anna Yeatman. Wellington, N.Z.: Allen & Unwin, 1995. 33-44.
- Durie writes of indigenous peoples in colonised territories. He premises the essay with the opinion that "one culture should not be judged by the standards of another...Resolution of cross-cultural conflicts requires, therefore, either fair negotiations with equality of bargaining power, or a biculturally competent adjudicatory body.....Ultimate justice for indigenous peoples depends on political power-sharing through constitutional reform." This essay focuses on some of the issues facing indigenous people in colonised territories, especially the recognition of indigenous people’s prior occupancy and the validation of indigenous customary law. He argues for the need of a bicultural understanding by judges in cross-cultural cases. He also discusses the conflict between justice and the maintenance of political power.
- "Welcome." Treaty Settlements: The Unfinished Business. Ed. Geoff McLay. [Wellington, N.Z.]: NZ Institute of Advanced Legal Studies and Victoria U of Wellington Law Review, 1995. 3-6.
- This is a welcome address in the New Zealand Institute of Advanced Legal Studies Conference "Treaty Claim - The Unfinished Business" which was held in Wellington in February 1995. Durie argues that in its twentieth year of existence, the Waitangi Tribunal should be formulating a claims resolution policy. He argues that questions of representation and equity between tribes are crucial issues still yet to be settled by Māori. He also draws attention to Australian innovations in addressing Aboriginal policies. He contends that the most pressing issues in New Zealand are ones of equity: between tribes, between traditional and urban groups, and between Māori and Pakeha.
- "Background Paper." Treaty Settlements: The Unfinished Business. Ed. Geoff McLay. [Wellington, N.Z.]: NZ Institute of Advanced Legal Studies and Victoria U of Wellington Law Review, 1995. 7-18.
- In this paper Durie defines the function and scope of the Waitangi Tribunal, lists the three categories of Treaty claims, and discusses claim priorities, representation, resourcing, and a report on the progress of claims up to 31 January 1995. He also writes of the role of the courts in Treaty matters, and lists five issues needing to be faced in the establishment of a claims resolution policy, compensation, settlement and other issues.
Papers/Presentations
- "Opening Address." Hui Manawhenua, 9 Apr. 1990. No further details.
- "The Treaty Challenge to the Church." General Assembly of the Presbyterian Church. Wellington, N.Z., 17 May 1990.
- "Faith and Social Equity." Te Ara Tika - a Christian Symposium on New Zealand’s Future. 25-27 May 1990. No further details.
- "The Treaty in Māori History Since 1840." Stout Conference – "Te Tiriti O Waitangi: One Treaty Among Others?" Stout Research Centre, VUW. 31 Aug. 1990.
- "Civil Rights and Discrimination." South Pacific Human Rights Seminar. Rarotonga, Cook Islands. 21 Nov. 1990.
- "The New Zealand Māori and the Waitangi Tribunal." Human Rights in the 21st Century: A Global Challenge. Banff, Alberta, Canada. 9-12 Nov. 1990.
- "Waitangi: Justice and Reconciliation." Second David Unaipon Lecture. School of Aboriginal and Islander Administration, U of South Adelaide. Adelaide, Austral. 10 Oct. 1991.
- "Justice, Biculturalism and the Politics of Law." University of Waikato Seminar Series on "Justice, Biculturalism and the Politics of Difference". School of Law, U of Waikato. Hamilton, N.Z. Mar. 1993.
- "Politics & Treaty Law." New Zealand Law Conference "The Law and Politics. Wellington, 2-5 Mar. 1993.
- "Principles, Conventions & Practice for the Public Service." Notes on Principles of the Treaty for Workshop IV on "The Public Service & Matters of Interest to Māori." 25 Mar. 1993. No further details.
- "South Africa - A New Zealand Māori View." June 1993. No further details.
- "Self-Determination." Constitutional Centenary Foundation and Council for Aboriginal Reconciliation Conference on "The Position of Indigenous People in National Constitutions". 4-5 June 1993. No further details.
- "The Outstanding Business" - The Waitangi Tribunal and Māori treaty Claims. International Conference on Women Judges. Wellington, N.Z., 14 Sept. 1993.
- "Undoing History." "The Land". New Caledonia. Oct. 1993.
- "Opening Address." Waikato University, School of Law Graduation on Conferment of Degree of Honorary Doctor of the University of Waikato. Hamilton, N.Z. 25 Feb. 1994.
- "Opening Address." Centenary of the Graduation of Sir Apirana Ngata. University of Canterbury, Christchurch. 24 June 1994.
- "Seminar - Māori and the Law in the Light of the Life, Works and Legacy of Sir Apirana Ngata." Centenary of the Graduation of Sir Apirana NgataUniversity of Canterbury, Christchurch. 24 June 1994.
- "The Lawyer & Historian in Concert." Australian & NZ Law & History Conference. Wellington, N.Z., 1-3 July 1994.
- "Custom Law." NZ. Society for Legal & Social Philosophy. 22 July 1994. No further details.
- "Opening Address." Hui Whakapumau, Māori Development Conference, Whareata. Massey U. 10 Aug. 1994.
- "Libraries in the Life of the Nation." Joint Conference of the NZ and Australian Library and Inf. Assns. 27 Sept. 1994.
- "Native Title Re-established." Joint Session "Native Title: Its Extent and Limitations, International Bar Assn, 25th Biennial Conference. Melbourne, Austral. 13 Oct. 1994.
- "Opening Address." Launch of Waitangi Tribunal Division - Open Day. 2 Feb. 1995. No further details.
- "Background Paper." NZ Institute of Advance Legal Studies Conference on "Treaty Claims: The Unfinished Business." 9-10 Feb. 1995. No further details.
- Address. Launch of Manual of Land Legislation – CFRT. 14 June 1995. No further details.
- "United Nations or United Peoples?" Australasian Law Teachers Assn 50th Anniversary Conference. Cross Currents: Internationalism, National Identity and Law. La Trobe U. Melbourne, Austral. 29 Sept. 1995.
- "Treaty of Waitangi and Challenges for the 21st Century." NZ Council of Trade Unions Conference on Organising for the 21st Century. 23 Sept. 1995. No further details.
- "Māori Sovereignty - Threat or Opportunity." James Cook Centra: Capital City Forum, 31 Oct. 1995. No further details.
- "The Process of Settling Indigenous Claims." Indigenous Peoples: Rights, Lands, Resources, Autonomy, International Symposium and Trade Show. Vancouver Trade & Convention Centre. Vancouver, Canada. 20-22 Mar. 1996.
- "Will the Settlers Settle? Cultural Conciliation and Law." F W Guest Memorial Lecture 1996, Dunedin, N.Z., 25 Sept. 1996.
- "Session on Aboriginal Autonomy." New Zealand Institute of Public Law, New Zealand Institute for Dispute Resolution, New Zealand Institute of Advanced Legal Studies Conference "The Treaty of Waitangi: Māori Political Representation". Pipitea Marae. Wellington, 1 May 1997.
- "The Treaty of Waitangi and Public/Applied History." Victoria U History Class. [Wellington,] 22 Sept. 1997.
- "Governance." School of Māori and Pacific Development, The University of Waikato Conference on strategies for the Next Decade. [Hamilton, N.Z.]. 20-23 Oct. 1997.
- "Treaties and the Common Law as Sources of Indigenous Rights." Commonwealth Law Conference. Auckland, N.Z., 18 Apr. 19990.
Other
- "The Duries of Feilding." Te Ao Hou 55 (1966): 39.
- Brown, Karen. "Edward T. Durie - Tribunal Head." Tu Tangata 12 (1983): 6-7.
- In this article Brown includes a biographical notes on Edward Durie’s career, and various comments by Durie on the scope of the Waitangi Tribunal and Māori Land Court.
- Stewart, S. A. "High Honours." Te Ao Hou 76 (1975): 41.
- Describes two occasions at Aorangi Marae, Feilding, where members of Ngāti Kauwhata and Rangitane honoured two of their people: Lieutenant-Colonel B. Poananga on his appointment as High Commissioner of New Guinea and Mr Edward Durie who was appointed a district judge of the Māori Land Court. The article includes a brief biography on Durie.
- Vercoe, Moerangi. "Goodwill Amid Treaty Claims - Māori Judge." Dominion 1 Dec. 1989: 7.