Your search
Results 29 resources
-
Examines ‘significant’ reforms implemented in NZ over the past 30 years to recognise the rights of Māori as an indigenous people. Overviews the conceptual basis for settlements lodged under the Treaty of Waitangi, legal claims by Māori to natural resources and other reforms. Identifies a lack of measures that recognise Māori political authority, and asserts that successive governments have deliberately discounted the normative value of ‘historical conceptual categories’, instead choosing to emphasise categories that deliver lesser substantive rights.
-
The Waikato River is an important New Zealand waterway with a long history of people making claims to it, including Treaty of Waitangi claims by Māori for guardianship and ownership rights. The claims process has most recently culminated in Waikato-Tainui and the Crown signing a 2009 Deed of Settlement for the river. The 2009 deed establishes a new co-governance structure for the river, with equal Māori and Crown representation. However, what has also transpired from the agreement is the emergence of a new guard of Māori decision-makers who have challenged and displaced the traditional Kīngitanga (King Movement) leaders as the main power-brokers of the Waikato River. Before Waikato-Tainui's most recent river negotiators there were a number of other Waikato ancestors who contributed to strengthening the relationship between Waikato Māori and the Waikato River. Prominent Kīngitanga leaders such as Princess Te Puea Herangi, Sir Robert Mahuta, Te Arikinui (paramount chief) Te Atairangikaahu and successive Māori kings are recognized as mediating the relationship between Waikato Māori and the Waikato River.
-
Reconciliation in New Zealand involves recognition, reparations and an apology for past injustices relating to breaches of the Treaty of Waitangi. In 1840, Māori and the British Crown signed a treaty that promised a beneficial relationship to both signatories. Almost immediately after the Treaty was signed and continuing through to today, promises inherent in the principles of the Treaty have been breached. However, in 1975, a government-appointed permanent commission of inquiry was established to investigate actions or omissions of the Crown that breach the promises made in the Treaty of Waitangi. The Waitangi Tribunal and the Ministry of Justice provide the institutional mechanisms used in New Zealand to foster reconciliation. This article will discuss how the state has moved iwi from being in Treaty ‘grievance mode’ to one of tino rangatiratanga/Māori self-determination and demonstrates how reconciliation has integrated Treaty settlement iwi into the mainstream New Zealand economy.
-
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.
-
"Negotiating a claim before the Waitangi Tribunal can involve troubling challenges to an iwi's legitimacy, sometimes from unexpected places. In this unique behind-the-scenes account of the negotiation of Ngāi Tahu's Waitangi Tribunal claim, Sir Tipene O'Regan describes what happened when claims of New Age mysticism attempted to undermine traditional whakapapa and academic scholarship."
-
"There is perhaps no issue in New Zealand today more contentious than water rights. The Crown claims that no one owns water, but its use, irrigation and treatment are controlled by local governments empowered by the Crown. Since the 1990s resource consents for the taking of water, in Canterbury and Southland especially, have increased dramatically and the environmental situation is reaching a breaking point. After years of discussion some kind of system regarding the ownership of water is inevitable. In Water Rights for Ngāi Tahu, Te Maire Tau considers the historical and political framework that has contributed to the current state of water rights in the Ngāi Tahu takiwā. He explores the customary, legal and Treaty frameworks that feed into the debate regarding the ownership of water. From 1844 to 1864 the Crown purchased more than 34.5 million acres of land from Ngāi Tahu, but in most purchase deeds water is not mentioned. How does this play into claims to water? Should the Treaty be relied upon? How far can kaitiakitanga take us if the goal is mana motuhake and tino rangatiratanga? In this short book Te Maire Tau lays out the historical background and context to water rights, and opens a discussion about where to proceed next in determining a Ngāi Tahu position on water."
-
"This book describes the iwi of Ngāti Kahu through the traditions and histories of each of the sixteen hapū, told by kuia and kaumātua and kept alive for future generations. These include histories of poverty, deprivation and marginalisation at the hands of the Crown, and loss of lands of the iwi. The book examines the range of techniques used by the Crown to justify its actions and the way these laid the groundwork for continuing injustices. The remedies needed to redress these injustices and achieve reconciliation of Ngāti Kahu and the Crown are set out. These include constitutional change to achieve the restoration of political, social and economic well-being to Ngāti Kahu, Crown relinquishment of all Ngāti Kahu lands to their rightful owners and payment of sufficient compensation to ensure no further Treaty of Waitangi claims. This history of Ngāti Kahu details the range of Crown actions against Ngāti Kahu to the current day, the effects of these actions on the people of Ngāti Kahu and the concerted and continuing efforts by Ngāti Kahu for remedies and reconciliation with the Crown"--Publisher information.
-
Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to maintain White control over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori.
Explore
Categories
Resource type
- Book (4)
- Book Section (14)
- Journal Article (11)