since  February  6,  1840.  This  allowed  the  Tribunal  to  hear  claims  on  historical grievances concerning government actions in the nineteenth century. The Tribunal can  examine  “omissions”  of  the  Crown  as  well  as  positive  acts.  Further  the Government established a process for direct negotiations with Maori over Treaty grievances.  Sometimes,  although  not  always,  this  follows  a  report  from  the Tribunal  finding  the  facts  and  whether  what  occurred  was  consistent  with  the Treaty.  In  a  narrow  range  of  circumstances,  the  Tribunal  has  power  to  make binding decisions and order the resumption by Maori of State-owned Enterprises land or land that formerly had that status.⁷ It is a matter of record that a significant number of claims for historic grievances have been dealt with and more are in the process  of  being  dealt  with.  These  are  important  milestones  in  remedying injustice. 16 The Treaty was designed to protect Maori and give the Crown the right to govern. As the Tribunal said as long ago as 1983, the Treaty gave “the right to make laws in return for the promise to do so so as to acknowledge and protect the interest of the indigenous inhabitants.”⁸ Lord Cooke of the 1987 lands case said “It was held unanimously by a Court of five judges, each delivering a separate judgment, that the  Treaty  created  an  enduring  relationship  of  a  fiduciary  nature  akin  to  a partnership,  each  party  accepting  a  positive  duty  to  act  in  good  faith,  fairly, reasonably, and honourably towards the other.”⁹ Aboriginal Customary Rights: A Complicating Factor 17 The  legal  doctrine  of  aboriginal  rights  that  so  consumed  New  Zealand  in  the foreshore and seabed saga is not strictly speaking part of the Treaty of Waitangi debate  at  all.  The  legal  rights  that  the  Court  of  Appeal  has  suggested  could conceivably be found to exist on further examination, derive not from the Treaty of Waitangi but from the New Zealand common law.¹⁰ This is a fact that I doubt                                                   7    Treaty of Waitangi (State Enterprises) Act 1988. 8    Waitangi  Tribunal,  Motunui-Waitara  Claim  Report:  Wai  6  (2  ed.  Waitangi  Tribunal, Wellington, 1989) 55.   9   Te Runanga o Whare Kauri Rekohu v Attorney-General 2 [1993] NZLR 301 at 305. 10    Attorney-General v Ngati Apa [2003] 3 NZLR 643.