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Resistance: An Indigenous Response to Neoliberalism is a collection of papers from Maori academics, activists and leaders on the connection between global practices of neoliberalism and the diverse forms of Maori resistance that aim to destablize them.Aotearoa is one of the world leaders of neoliberalism. Successive New Zealand governments since 1984 have pursued neoliberal policies with a faith, vehemence and confidence in their success that few other governments appear to possess. At a time when 'capital flows across borders as it has never done before, and multinational companies have bigger budgets than many states have ever had', this book encourages people to look more closely at Maori views as integral and inspiring in a globalizing world.
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How is it that the New Zealand government’s process for re-establishing Indigenous fishing rights has failed to deliver thriving Māori fisheries? This paper examines why, at Te Waihora, a coastal lake, and site of one of the nation’s longest running and best-funded state-Māori co-governance agreements, Māori fishers have been unable to use their rights to support their fishery. As of 2018, the lake’s culturally and ecologically significant eel population was no longer commercially viable, a decline fishers have attributed to rampant dairy industry expansion upstream. Drawing on environmental justice literatures, we deploy a multi-dimensional framework to identify factors shaping possibilities for justice in the wake of rights reconciliation, as experienced by Māori fishers, scientists, and leaders. We engage theories of political economic relations to interpret the implications of these experiences for environmental justice theory and politics. Ethnographic accounts demonstrate that the New Zealand government’s process for re-establishing Māori rights falls short of achieving distributional, procedural, and recognition-based dimensions of environmental justice, and that these effects are interlinked. In particular: (i) downstream fishers are placed to bear disproportionate costs of runoff from upstream land use change; (ii) Māori fishers have little influence over governance decisions that affect land use; and (iii) government claims, including that Māori should, “move beyond grievance mode,” obscure logics for resistance. We suggest that the government’s support for dairy industry expansion represents an attempt to mitigate crises of overaccumulation, characteristic of competitive markets. Unlike those who identify persistent injustice as a logic for turning away from the state, we argue that the recurring nature of these crises, and the role state organizations play in directing responses, indicates a rationale for continued engagement with state governing bodies to advance justice.
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Maori Affairs policy has historically proven doubleedged in simultaneously advancing yet diminishing Maori aspirations. Recent emphasis on claims-making as a key policy component is shown to be fraught with contradiction and neo-colonisms, no more so than around the ambiguous benefits of 'throwing money' at a problem rather than working through the differences in a relationship. Proposed instead of a claims-making model of Maori Affairs is a constructive engagement approach that seeks to recalibrate Maori-Crown relations by advancing innovative patterns of belonging. A commitment to constructive engagement not only bolsters the chances of living together with our fundamental differences in a post -colonising Aotearoa. A focus on relations rather than restitution also enhances the principles and practices of tino rangatiratanga rights as a framework for establishing Maori models of self-determination over jurisdictions pertaining to land, identity, and political voice.
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The genesis of direct negotiation and the fiscal envelope, for the settlement of Maori land claims under the Treaty of Waitangi, is portended in the aim of the National Party's Manifesto for the 1990 election to settle all claims by the year 2,000. To meet that ten year time-line, the National Government decided to set aside a fixed sum for the settlement of all claims. This fiscal cap was signalled in the (Sealords) Deed of Settlement for the Maori Fisheries Claim as the Treaty of Waitangi Settlement Fund. Under this clause, the signatories to the Deed agreed that the Crown had fiscal constraints which restricted its ability to settle other claims. In a memorandum dated 17 March 1992, Doug Graham, Minister in charge of Treaty Claims, recommended to the Cabinet Strategy Committee the policy direct negotiation to settle Maori claims that were well founded. This policy of 'chiefs talking with chiefs' obviates the need for claimants to go through the drawn out process of hearings with the Waitangi Tribunal. It is a seductive scenario which assumes a level playing field between the Crown and tribal negotiators. But it is hardly that as the Whakatahea negotiators discovered after the settlement of the Tainui Claim in 1995.
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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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"In this era of indigenous peoples' rights recognition, states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. This fact was brought into sharp focus in New Zealand by the Court of Appeal decision of Ngati Apa." "This collection of essays does not aim to be an exhaustive treatment of the legal issues raised by Ngati Apa and the Foreshore and Seabed Act 2004 (the FSA). It does, however, address many of the most salient."--BOOK JACKET.
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Aotearoa/New Zealand is not known for egregious breaches of indigenous peoples’ rights. Nonetheless, New Zealand’s legal system is ineffective at implementing international and domestic laws that protect the rights of Maori. This has been seen most starkly in the Foreshore and Seabed Act of 2004, which had the effect of extinguishing Maori aboriginal title to the foreshore and seabed areas and was passed despite almost universal Maori opposition.
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