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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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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.
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This article explores some of the key features of co-governance, or shared decision making, between Māori and the Crown. Co-governance models create the conditions for making better decisions by sharing decision making with Māori where Māori communities have a distinctive interest. Such models are able to draw on the distinctive experiences, knowledge and expertise that Māori communities can bring. Shared decision making enhances the legitimacy and durability of decisions by giving effect to rights under te Tiriti o Waitangi. The article also identifies some key principles of effective co-governance and provides some brief examples where shared decision making is being implemented to illustrate the range of situations in which such models are applicable.