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This article considers the puzzle of the location of tino rangatiratanga in the post-Treaty settlements era in the context of current controversy in New Zealand over recognising Maori self-determination or tino rangatiratanga as guaranteed by Art 2 of the Treaty of Waitangi. On one level, the current political and legal struggles reflect a fundamental tension between Maori aspirations for tino rangatiratanga and the state's desire to maintain centralised sovereignty. At a deeper level, the government opposition to co-governance stems from questions about the evolving role of the Treaty - in particular the guarantee of tino rangatiratanga and its ability to apply to a much wider range of Treaty issues (other than natural resources) and Treaty partners; for example, non-tribal Maori collectives serving urban Maori and not bound like tribes by kinship ties. The Waitangi Tribunal, originally established to facilitate Treaty settlements, is now at the centre of this shift in thinking to expand the interpretation of tino rangatiratanga. In a recent series of reports, the Tribunal has recognised the diversity of Maori identity and the legitimacy of non-tribal collectives as Treaty partners, particularly when these organisations are created by and responsive to the socio-economic needs of Maori. The proliferation of Treaty partners thus raises issues of co-ordination and coherence - how do these many partners engage effectively with the Crown and is every Maori organisation a Treaty partner for the purposes of Art 2 tino rangatiratanga? And does provision of social services by these Treaty partners violate the right to equality?
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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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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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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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"Theorising and illustrating diverse, more-than-capitalist economies, this broad-ranging Handbook presents ways in which it is possible to imagine and enact other ways of being. It gathers together empirical examples of diverse economic practices and experiments from across the world, framed by in-depth discussions of key theoretical concepts. Organised into thematic sections, the Handbook moves from looking at diverse forms of enterprise, to labour, transactions, property, and finance as well as decentred subjectivity and diverse economies methodology. Chapters present a wide diversity of economic practices that make up contemporary economies, many of which are ignored or devalued by mainstream economic theory. Pushing the boundaries of economic thinking to include more than human labour and human/non-human interdependence, it highlights the challenges of enacting ethical economies in the face of dominant ways of thinking and being. Economic geography, political economy and development studies scholars will greatly appreciate the empirical examples of diverse economic practices blended with theory throughout the Handbook. It will also benefit policy-makers and practitioners working within diverse economies, or looking to create more ethical ways of living."
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