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The UN declaration on the Rights of Indigenous Peoples is a deeply significant document. In 2007, then UN Secretary-General Ban Ki-moon described its signing as an "historic moment when UN Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all". This book reflects on the tenth anniversary of the UN General Assembly's adoption of the Declaration and examines its relevance in New Zealand. It shows the strong alignment between the Treaty of Waitangi and the Declaration, and examines how the Declaration assists the interpretation and application of Treaty principles of partnership, protection and participation. Starting from a range of viewpoints and disciplines, the authors agree that in Aotearoa New Zealand the journey to full implementation is now well underway, but warn that greater political leadership, willpower, resources and a stronger government commitment is needed.

Introduction. Although opportunities exist for positive experiences in research, Māori in New Zealand, like other indigenous people colonised by Europeans in the nineteenth century, have also been subject to research and associated policies that have had long-lasting negative consequences. Researchers have subsequently been challenged by Māori to conduct research that is acceptable, accountable and relevant. Much of this debate has taken place within the framework of the Treaty of Waitangi, a treaty of cession signed between Māori and British Crown representatives in 1840. Nowadays, health and health research statutes exist that require researchers to respond to the ‘principles’ of the Treaty. Few practical examples of how health researchers have undertaken this have been published. Aims. We examine how, in developing a national study of injury outcomes, we responded to the Treaty. Our study, the Prospective Outcomes of Injury Study, aims to quantitatively identify predictors of disability following injury and to qualitatively explore experiences and perceptions of injury outcomes. Discussion. Responses to the Treaty included: consultation with Māori groups, translation of the questionnaire into te reo Māori, appointment of interviewers fluent in te reo Māori, sufficient numbers of Māori participants to allow Māori-specific analyses and the inclusion of a Māori-specific qualitative component. While this article is located within the New Zealand context, we believe it will resonate with, and be of relevance to, health researchers in other former settler societies. We do not contend this project represents an ‘ideal’ model for undertaking population-based research. Instead, we hope that by describing our efforts at responding to the Treaty, we can prompt wider debate of the complex realities of the research environment, one which is scientifically, ethically and culturally located.

"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."

“The need for constitutional transformation has become quite clear in the Māori world over the last 12 or 13 years.” — Professor Margaret Mutu.

From 1840 to this day Māori have protested that English immigrants to New Zealand were acting far in excess of the rights they had been afforded. Those rights derived from acknowledgement made by the King of England in 1836 of the paramount authority of Māori chiefs in New Zealand as set out in He Whakaputanga o te Rangatiratanga o nga Hapu o Nu Tireni (the Māori version of the Declaration of Independence) and the subsequent signing of Te Tiriti o Waitangi, a Māori language treaty made between Māori and the Queen of England. The rights conveyed included allowing the Queen of England to take responsibility for maintaining peace and good order amongst English immigrants while they lived under the paramount authority of Māori chiefs as the rulers of their own country. Examination of the original nineteenth-century documents setting out these rights and conditions reveals that mistranslation has played a significant role in allowing the suppression of the protests of Māori by English settlers. While the Māori versions of official documents uphold the Māori understandings, the English versions do not. The English versions convey the erroneous notion that Māori were unsophisticated, child-like and desperately seeking English protection. Written histories of New Zealand almost all either disregard or refute the Māori language versions of these documents and Māori understandings of the nature of the Declaration and the Treaty. Oral traditions of many Māori tribal groups around the country, on the other hand, have maintained these understandings. As a result Māori continue to assert their sovereignty over New Zealand despite the severe disadvantages they now live under both numerically and in terms of all officially measured socio-economic indicators.

The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a 'mainstream' media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective.

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.

This thesis explores the ambivalent nature of Maori political theory as expressed through the writings of Donna Awatere in her publication Maori Sovereignty. Consequently it traces the intellectual history of Maori political thought with a particular emphasis on how Maori have traditionally perceived and advanced their ‘sovereignty’ and its equivalent term, ‘tino rangatiratanga’. The reason for this emphasis is to show how Awatere changed Maori perception of their tino rangatiratanga when she coined the phrase ‘Maori Sovereignty’ in 1982. This work offers an insider’s account into New Zealand’s ‘movements of unity’ that had occurred during the 1970’s and 1980’s based on Awatere’s personal experiences and involvement in various groups. Further it sets out to capture the influences and events that led Awatere to write Maori Sovereignty in order to demonstrate how she had advanced Maori understanding of their tino rangatiratanga. In addition, its attempts to broaden Maori understanding of their tino rangatiratanga by analysing Awatere’s political theory in juxtaposition with global trends, more specifically, the decolonisation and nationalistic processes that occurred in the decades following World War Two. This thesis argues that Maori Sovereignty differed greatly from any other work previously written by both Maori and Pakeha as it challenged existing interpretations of how Maori had perceived and had advanced their tino rangatiratanga. Subsequently, Maori Sovereignty has carved its place as one of New Zealand’s most debated and misunderstood publication to ever come out of the 1980’s and because of this, the lack of proper analysis has given cause for this thesis.

Over the past four decades, international indigenous rights have become a prominent aspect of international law and are now enshrined in the UN Declaration on the Rights of Indigenous Peoples. Yet, while endorsed by Aotearoa New Zealand in 2010, little remains known about how these standards came about, how the international movement that created them was established, and the implications of these standards on national reforms already protecting Māori rights. International Indigenous Rights in Aotearoa New Zealand seeks to answer these questions. This collection of essays places the Declaration in the context of New Zealand rights around such issues as Treaty settlements, mining policy and the status of Māori children. Crucially, it also asks how Māori can hold New Zealand to account against international indigenous rights.

In Aotearoa New Zealand the ways in which indigenous claims to lands and waters are addressed are often looked to as good, or even best, practice by indigenous peoples around the world. While things are far from perfect, in recent decades Maori have succeeded in changing perceptions about the Treaty of Waitangi as the foundation of the nation, and work steadily continues on settling outstanding Treaty claims. The resulting Treaty of Waitangi settlements are negotiated arrangements which aim to remove a sense of historical grievance and achieve significant rebuilding of the Maori economy. They are seen by some as dynamic and powerful steps towards economic independence, as a means of recognising special relationships to lands and waters, and a necessary prerequisite to improved relationships between the state and the indigenous Maori in the future. ¹ Critics see the settlements and the processes followed to reach them as too heavily weighted in the government's favour. ² They argue that the settlements do not sufficiently compensate for actual losses. They are said to pit Maori against Maori. Diverse claimant groups are effectively forced to negotiate within standardised and fixed parameters. For these and other reasons, the settlement agreements, policies and processes have been labelled as divisive and compromising self-determination. ³

For more than half a century, Keith Sorrenson - one of New Zealand's leading historians and himself of mixed Maori and Pakeha descent - has dived deeper than anyone into the story of two peoples in New Zealand. In this new book, Sorrenson brings together his major writing from the last 56 years into a powerful whole, covering topics from the origins of Maori (and Pakeha ideas about those origins), through land purchases and the King Movement of the nineteenth century, and on to twentieth-century politics and the new history of the Waitangi Tribunal.

This study discusses the origins, development and outcomes of the first wave of radical Māori activism between 1968 and 1978. It charts the events of the period and the body of politics, philosophies and strategies employed by Māori activists. It contends that the discipline of history as currently practised becomes problematic when it is applied to the study of non-western cultures, and that scholars undertaking research into Māori histories and communities need to develop a model or metaphor for writing history which is sympathetic to Māori epistemologies and priorities. To this end the text focuses primarily on the words and actions of the activists themselves in order to better understand the way activists conceptualized their world. Activists’ ideas and politics should not just be studied in a ‘race relations model’, that is, in terms of their impact on society and the Pākehā public, and the reaction of the government. Taking activism out of the race relations model and examining it on its own terms throws the movement’s concerns, subtleties and contradictions into sharper relief and provides a deeper understanding of its significance. The thesis is centrally concerned with how activists defined themselves, their actions and their politics, and will argue that Māori activism was implicated in the era’s emerging politics of identity. Māori activism was as much about reforming Māori and Pākehā attitudes towards Māori culture, society and identity as it was about policy and legislative reform. Furthermore, the thesis attempts to explain the influence on, and contribution to, the activist movement of three interrelated contexts: te Ao Māori, the Māori world, Aotearoa, national events, and te Ao Hurihuri, the international setting. It also pays special attention to the gender politics of the era. The work is divided into four chapters. The first covers the Māori world and the ‘big three’ issues of Māori activism: the Treaty of Waitangi, land loss and cultural alienation. The second chapter discusses the national context and the ‘big three’ issues of national politics during the era: apartheid sport, the Vietnam War and class politics. The third chapter deals with the international framework and the influence of global trends on local events, while the fourth chapter details the emergence of the Black women’s movement.

Argues that Māori have been actively engaged in practising tino rangatiratanga in various forms even since before the Declaration of Independence ...

Drawing on the work of Matike Mai Aotearoa: The Independent Iwi Working Group on Constitutional Transformation (the Working Group), this article argues that there is an evolving New Zealand constitutionalism, one that offers a constitutional understanding grounded in the Māori constitutional system. The article opens with a descriptive analysis of the Māori constitutional system, explains the key features of New Zealand’s existing constitution and concludes with an argument that the existing constitution can evolve – and, through the political process, ought to evolve – according to the constitutional models that the Working Group recommends. This article deploys legal research methods, primarily doctrinal research and applied doctrinal research.1