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Critical policy analysis (CPA) is a technique concerned with how the location of power within the policy system influences social outcomes. CPA shows how and why it is unreasonable to assume that policy making is a politically neutral, objective, and simple technical process. This entry illustrates critical policy analysis through the example of colonial health policy in New Zealand. Institutional racism is often normalised within colonial settings and CPA can respond with a range of tools to privilege Indigenous values and contexts in policy development and implementation. Critical Tiriti Analysis is an emerging CPA method of policy analysis. It emphasises making policy transparently, with substantive Māori (Indigenous peoples of New Zealand) leadership. It is becoming increasingly influential among policy makers in New Zealand with the potential to counter racism as a modifiable determinant of health, for example.
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This Kaupapa Māori writing inquiry explores “Tāngata Tiriti” (People of the Treaty) as a settler/invader identity term in Aotearoa New Zealand. Derived from the failed policy platform of “biculturalism” and “Indigenous inclusion,” Tāngata Tiriti is a byproduct of neoliberalism and settler/invader colonialism that fails to provide for Indigenous inclusion, mana motuhake (Indigenous sovereignty) and tino rangatiratanga (self-determination). This article argues that Tāngata Tiriti should be abandoned due to the 2014 paradigm shift surrounding Te Tiriti o Waitangi (Te Tiriti) and mana motuhake from the Te Paparahi o Te Raki report and the author’s subsequent research on non-signatory hapū and iwi. Pākehā settler/invader perspectives on Tāngata Tiriti are compared with Tāngata Moana and Asian scholarly understandings. The author advocates adopting Tāngata Moana thinking around letting Māori as mana whenua lead “wayfinding” and “meaning-making” to define allyship and promote a “collective future” together based on Māori constitutional values that are generally universal throughout Pacific cultures. Instead of settler/invader identity constructs and the doctrine of the nation as a White possession, movement toward a collective future must begin from a place of sovereign relationality. The pedagogy of teaching Te Tiriti must change, the ill-conceived Tāngata Tiriti identity must be abandoned, and “New Zealand” as a settler/invader colonial enterprise must end. Our future must be post-settler/invader colonial and post-Tiriti and must recognize unceded mana motuhake or sovereignty.
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Restrictions on Indigenous peoples’ contributions to policymaking pervade post-settler societies like Australia, Canada and Aotearoa. Such effects are observed in spite of agreements like Te Tiriti o Waitangi in Aotearoa and the United Nations’ Declaration on the Rights of Indigenous Peoples. Te Tiriti, negotiated between the British Crown and Māori (Indigenous peoples of Aotearoa), may have been entered into honourably by both parties, but the Crown has consistently resisted its implementation. Contemporary colonialism is characterised by the entrenched and on-going displacement of Indigenous people’s authority by settler states, rationalised by race as a determinant of human worth. Impacts include land alienation, unsustainable resource exploitation and marginalising Indigenous voices from opportunities to make policy consistent with Indigenous values and preferred ways of living. Colonialism normalises institutional racism so that public policy outcomes are persistently unjust. This article describes Critical Tiriti Analysis (CTA), an original contribution to transforming colonial policy, which retrospectively evaluates whether any specific policy document is consistent with Te Tiriti. Substantial interest in CTA from policymakers, practitioners, and scholars led to the development of the tool as a prospective guide to making policy that is consistent with authoritative interpretations of Te Tiriti, and therefore, more likely effective in producing public policies which eliminate inequities. CTA was initially focused on health policy and built on a series of questions that arise from our interpretations of the text of Te Tiriti, contemporary Tiriti scholarship and jurisprudence, and our observations of the ways in which the method is being used by ourselves and others. Although deeply grounded in Aotearoa, we argue that CTA may be transferable to other colonial contexts, such as the Australian where treaties between First Nations and the state are being contemplated, and Canada which has passed legislation to implement the Declaration on the Rights of Indigenous Peoples.
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The British relied on the legal fiction known as the Doctrine of Discovery to dispossess Māori of Aotearoa New Zealand and the Indigenous Peoples of Canada, the United States and Australia and to violently take over their territories. British colonisation continues to severely disadvantage these Indigenous Peoples who have never given up their fight to recover their lands, resources, and power. This chapter draws on the work of Indigenous scholars to provide a very brief overview of just some of the methods adopted by the British to dispossess the Indigenous Peoples of Canada, the United States and Australia and the struggles in those countries to achieve land restitution. It then considers the situation for Māori in more detail. It provides an overview of the schemes the British dreamt up to steal Māori land and the steps Māori have taken as we tried to achieve land and resource restitution over the past century.