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This article discusses the place of Mana Wahine theory in decolonising gender relationships in Aotearoa (New Zealand). Mana wahine theory is grounded upon and informed by Māori language, practices, protocol and knowledge forms. It is through this lens that we are able more deeply come to understand and theorise issues faced by Māori women and in doing so to reclaim and reassert our place on our own lands. This is both a movement and a theory that has at its centre the resurgence and reaffirmation of the mana of Māori women, past, present and future.
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This article provides an overview of the history of the Maori Land Court, as well as present day developments of the Court. It considers the role that tikanga (Maori customary values and practices) plays in the Maori Land Court, and how the Court has applied tikanga in a number of contemporary judgments. It then considers the Waitangi Tribunal (a Commission of Inquiry which examines Crown breaches of its obligations to Maori), and how tikanga can be demonstrated in the process and the findings of the Tribunal. It discusses how both judicial bodies have approached the challenge of competing tikanga claims. Finally, the article poses ideas of how tikanga can be applied going forward.
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This article examines references to tikanga Māori (Māori (the Indigenous Peoples of New Zealand) values) by New Zealand political parties. The article grounds itself in some of the wider debates relating to the incorporation and application of tikanga, Māori values, across New Zealand in both legal and political contexts, with particular review of legislative references. An analysis of New Zealand political party policies and constitutions from the 2020 General election showed that over half of the political parties who campaigned made some reference to tikanga, but there was great variation in how tikanga was interpreted. This article assesses some of the opportunities and complexities of New Zealand political party engagement with tikanga Māori.
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Social and political change is occurring in Aotearoa New Zealand and tikanga, matauranga, te reo Maori (the Maori language) and Te Tiriti o Waitangi (Treaty of Waitangi) are increasingly being recognised in diverse political and legal contexts. This article explores whether the political science discipline in Aotearoa New Zealand is keeping pace with these political changes, whether research and course content is adequately reflecting these new realities, and if students are appropriately equipped to participate. In particular, we examine the state of university politics programs and outline the form and quantity of Maori politics in the teaching and research of these programs. From the assessment of the current state of politics programs, we make some observations about what changes may be required to ensure politics programs, their students and academics are fully equipped to work in the unique political and legal landscape of Aotearoa New Zealand. From the collection of this data, we have found that approximately 1% of political science lecturers are Maori, 1% of content taught can be classified as Maori politics and approximately 1% of publications in the New Zealand Political Science journal can be classified as kaupapa Maori politics. This 1-1-1 crisis provides a bleak picture of the existing arrangements in politics programs in Aotearoa New Zealand and must change.
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In Aotearoa New Zealand, the arrival of imperial ideologies in the 19th century led to devastating land-loss and cultural marginalisation for Māori at the hands of settlers and successive governments. This article examines the damaging effects of a Crown-imposed treaty claims settlement system designed to address injustices inflicted on Māori. Interview data from a Taranaki-based (a West Coast region, central North Island of Aotearoa New Zealand) hapū (sub-tribe) that engaged with this system foreground the adversarial nature of this system and its continuation of trauma. We argue that, while the process provides voice to Māori, it does so within a paradigm that pits kin-groups against each other, unjustly limits redress and fails to resolve tension. A tikanga framing provides insights into how tensions are set up and ways tikanga (underlying values and principles that guide practice) can be used outside the redress system to seek healing and resolution.
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This article explores ways to decolonise aspects of the intellectual property system in Aotearoa New Zealand, primarily in respect of trade marks. It considers the seminal Wai 262 report of the Waitangi Tribunal and builds upon its findings and recommendations, while also offering new ideas of legal reform for protecting matauranga Maori (Maori knowledge and expertise) from undue exploitation. This article also measures those ideas against the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as well as other internationally recognised rights. Essentially, this article maintains that for any mechanism to be effective in recognising and upholding the tino rangatiratanga (unqualified self-determination) of Maori over their own matauranga, that mechanism must be founded upon the principles of tikanga Maori (Maori laws and customs), which is a notion crystallised within the Treaty of Waitangi/Te Tiriti o Waitangi. It must also find its own meaningful place in the law of New Zealand that surrounds us today. It is only in this way that the extractive and thereby oppressive binds of the western intellectual property regime can be unpicked and put aside and the tapu (high status and associated sanctity) of matauranga can be upheld. These words are also an honouring of those who spent countless hours on the Wai 262 report. It is hoped this article gives new and much needed life to the issue of protecting matauranga Maori, which is still as relevant today as it was then. Kei aku rangatira, kei aku tapaeru, kei aku whakaruakaka, tenei e ngakau whakaiti nei (an acknowledgement of all those who took part in Wai 262).
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The removal of a Māori child in May 2019 led to widespread protest and the launch of four inquiries into the Ministry for Children, plus an urgent inquiry through the Waitangi Tribunal. Tamariki Māori are over-represented in the child welfare system, but the issues are not just about the system itself. The legacy of colonisation continues to have an impact, not just on individual whānau, but also on the loss of tikanga in relation to whānau. It is the tikanga of whānau that many protesters seek to protect. Furthermore, advocates for reform disagree on the extent to which partnership and biculturalism should be prioritised, or whether self-determination should be a minimum prerequisite for change. Understanding this difference of opinion is important because it affects our view of the child welfare system itself. This article explores these issues within the current context, where child welfare issues are a matter of considerable public debate.
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"A comprehensive analysis of the manifestations, complexities and challenges arising out of the development of Māori governance structures post-Treaty of Waitangi settlement period. As well as bringing together the many elements that feed into the governance of Māori corporate entities, the text highlights key principles and best practices of Māori corporate governance... The book is separated into six substantial parts, starting with tikanga and mātauranga Māori in a governance context, then considering treaty settlements, sectoral governance, theoretical and constitutional issues, legal opportunities and constraints, and the way forward."
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Examines two prominent environmental issues – sea level rise and taonga species protection – facing iwi, hapū, Māori and the Crown, exploring the barriers, solutions and positive steps in each area towards a ‘tika transition’ whereby iwi, hapū and Māori (the rangatiratanga sphere) and the Crown (kāwanatanga sphere) exist within distinct and equal political entities, with the rangatiratanga sphere leading and governing tikanga and mātauranga Māori policy and legislation.
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The New Zealand government has been globally praised for its response to Covid-19. Despite the global accolades, little attention has been given to the swift and innovative Māori response to Covid-19. This paper will detail some of this rapid Māori response to Covid-19 in Aotearoa New Zealand and argue the response can be understood as key examples of Māori exercising tino rangatiratanga (self-determination), independent of the government's measures and policies. We suggest that this exploration of tino rangatiratanga during Covid-19 demonstrates central aspects of Māori well-being that move beyond a government focus on statistics as the key measure of well-being and how tikanga Māori (Māori values) are being used to develop successful responses to the global pandemic.
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Mana Wahine, Mana Rangatahi, Mana Tangata
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