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The editors have compiled this critical and comparative study of changes which took place in the New Zealand education system in the second half of the twentieth century. For other Western societies who have felt the impact of New Right policies the New Zealand case is interesting because it provides some indication of how policies of decentralization in education might be used to develop egalitarian and democratic educational policies. In recent years there have been major changes to educational systems in the Western world. Often these changes have been justified by reference to successful educational practices in other countries. However, it is not always possible simply to abstract educational practices from one context and apply them in another successfully. Moreover claims that policies in one country are more successful than those in another have to be treated cautiously: there are always problems in making valid comparisons between the educational performances of different countries. It is important, therefore, that critical and comparative studies are made of educational systems which take full account of the contexts in which they are embedded.

The history of educational policy-making in Aotearoa New Zealand is also a history in myth-making. Myths about Māori in education are deeply embedded in educational and social thought, because they have their origins in the first political interactions between Māori and Pākeha. These interactions were motivated by contradicting forces—Māori determination to participate in the changing economic and technological landscape, contrasted against British perceptions of their own cultural superiority and inherent right to rule indigenous populations. British superiority was enshrined in aggressive and racist laws that disenfranchised and dispossessed Māori of lands, resources, economies, and attempted to de-culturalise Māori. Laws were in turn translated to policy and practice that reinforced deep seeded myths that have negatively positioned Māori socially, politically and educationally. As Aotearoa New Zealand education progresses toward a commitment to teach our dual and difficult histories, it is necessary to also expose and analyse the ways negative positioning of Māori has been purposefully built into our education system. Understanding how political histories have influenced our education system may better equip education professionals to identify and question their own conscious and unconscious biases, and to challenge and change a system that has its origins racist philosophy, reinforced by policy. Education professionals who are able to deconstruct carefully fortified, damaging myth-making about Māori will be well positioned to lead authentic movement toward a shared future.

This paper will argue that the Treaty of Waitangi, signed on 6 February 1840 by Māori and the Crown, has a made significant contribution to informing and advancing Māori health practices in Aotearoa New Zealand. A key focus of this paper relates to (re)validating the Treaty to improve Māori health outcomes and providing a strategy for evaluating the current health status of Māori. There is a growing concern among Māori that the health sector continues to perpetuate notions of ?treating? Māori health more so than empowering M?ori to control their own processes for being healthy. Moreover, a major shift constitutionally (that is, self-determining the right to be healthy) as well as institutionally (that is, developing approaches to greater access to health provision) is required to enable Māori to achieve better health outcomes moving forward. Finally, a number of important culturally innovative, responsive and inclusive perspectives are shared to enhance our engagement with the Treaty and Māori health from a socio-cultural perspective.

This collection brings together over forty years of thought and comment by Dr Whatarangi Winiata on Māori spirituality, social development, education and political affairs. Each chapter discusses the importance andimpact of Māori management of Māori matters and the ongoing pursuit of tino rangatiratanga in all areas of life. Dr Winiata has worked to achieve Māori development, wellbeing and attainment of aspirations over decades: driving the iwi development programme Whakatupuranga Rua Mano that led to the foundation of the first contemporary wānanga, Te Wānanga o Raukawa; being key in restructuring the working of Te Hāhi Mihingare; galvanising the New Zealand Māori Council to hold the Crown accountable over fisheries, forestry, languageand broadcasting; and co-founding the Māori Party with Dame Tariana Turia and Sir Pita Sharples. Thesepapers, curated by Dr Winiata and Daphne Luke, provide an analysis of recent Māori experience, pursuit ofself-determination and history of Aotearoa.

Indigenous peoples across the world have a shared experience of colonisation; a process that has resulted in war, disease and the decimation of their lands, homes and peoples. In New Zealand, the effects of colonisation are still evident with Māori (the indigenous people of New Zealand) experiencing poorer outcomes compared with non-Māori citizens across a range of social, health and well-being indicators. This paper is a case study of work being done in New Zealand, which may have resonance with work in South Africa, and other countries with a history of colonisation. It begins with a brief history of the impacts of colonisation on Māori before considering the concept of decolonisation. The author outlines the work her organisation does as an independent, tribally owned, Māori health research centre to advance a decolonisation agenda. Reflecting on their emancipatory and democratising ambitions as researchers provides the opening for a discussion about indigenous ethics. The paper presents a number of Māori ethical principles that guide their work, arguing that were such principles applied in the development and implementation of social policy and legislation, the effect would be a fairer, more equitable policy that better meets the needs of Māori as citizens. Recent legislation enacted to improve New Zealand’s care and protection system for children is discussed to illustrate the need for greater consideration of Māori values when developing legislation that directly impacts Māori. The paper concludes with a challenge to policymakers, practitioners, academics, and researchers alike to actively contribute to an agenda of liberation, emancipation and decolonisation for indigenous peoples.

Māori and Pasifika populations in New Zealand experience poorer health outcomes than other New Zealanders. These inequalities are a deeply entrenched injustice. This qualitative study explores the experiences of six Māori and Pasifika leaders on health policy-making advisory committees. All had extensive experience in the health system. They were recruited, provided semi-structured interviews, the data coded, and a thematic analysis undertaken. Our findings show that inequalities in the health system are reproduced in advisory committees. Participants noted their knowledge and interests were devalued and they experienced racism and tokenistic engagement. Some indicated it took considerable effort to establish credibility, be heard, have impact, and navigate advisory meetings, but even then their inputs were marginalised. Health policy advisory committees need deeper engagement and more genuine recognition of Māori and Pasifika knowledge. Māori and Pasifika leaders have constructive solutions for eliminating health inequities that could benefit all New Zealanders.

In 1840, some of the sovereign nations of Maori signed te Tiriti o Waitangi (the Maori language version of the Treaty of Waitangi) with the British Crown. Hone Heke was the first Maori leader of the northern nation of Ngdpuhi to sign, but by 1844 he was leading a significant revolt against British colonialism in Aotearoa New Zealand by chopping down British flagpoles erected on his lands. While Maori may have initially welcomed the intent of te Tiriti as a means for seeking British help to protect their international borders, the British prioritised the English version of the Treaty which recorded the transfer of sovereignty from Maori to the British. As the British transposed their dominant legal traditions of governance, including bringing to the fore their doctrine of parliamentary supremacy, Maori have been seeking their survival ever since. We extend this by focusing on why the doctrine of parliamentary sovereignty needs to adapt to the Treaty's promise of bicultural power sharing.

Background Te Tiriti o Waitangi was negotiated between the British Crown and Indigenous Māori leaders of Aotearoa New Zealand in 1840. Māori understood the agreement as an affirmation of political authority and a guarantee of British protection of their lands and resources. The Crown understood it as a cession of sovereignty. The tension remains, though legal and political developments in the last 35 years, have established that the agreement places a mandatory obligation on the Crown to protect and promote Māori health. It also requires that Māori may exercise rangatiratanga, or responsibility and authority, in relation to health policy development and implementation. Methods Te Tiriti is, then, an instrument against which health policy is justly and efficaciously evaluated. This paper introduces critical Tiriti analysis as such an evaluative method. Critical Tiriti analysis involves reviewing policy documents against the Preamble and the Articles of te Tiriti o Waitangi. The review process has five defined phases: (i) orientation; (ii) close reading; (iii) determination; (iv) strengthening practice and (v) Māori final word. Results We present a working example of critical Tiriti analysis using the New Zealand Government’s Primary Health Care Strategy published in 2001. This policy analysis found poor alignment with te Tiriti overall and the indicators of its implementation that we propose. Conclusion This paper provides direction to policy makers wanting to improve Māori health outcomes and ensure Māori engagement, leadership and substantive authority in the policy process. It offers an approach to analysing policy that is simple to use and, inherently, a tool for advancing social justice.

Te Tiriti o Waitangi, a treaty negotiated between Māori (the Indigenous peoples of Aotearoa) and the British Crown, affirmed Māori sovereignty and guaranteed the protection of hauora (health). The Waitangi Tribunal, established in 1975 to investigate alleged breaches of the agreement, released a major report in 2019 (registered as WAI 2575) about breaches of te Tiriti within the health sector in relation to primary care, legislation, and health policy. This article explores the implications of this report for the New Zealand health sector and the decolonial transformation of health systems. The tribunal found that the Crown has systematically contravened obligations under te Tiriti across the health sector. We complement the tribunal’s findings, through critical analysis, to make five substantive recommendations: (1) the adoption of Tiriti-compliant legislation and policy; (2) recognition of extant Māori political authority (tino rangatiratanga); (3) strengthening of accountability mechanisms; (4) investment in Māori health; and (5) embedding equity and anti-racism within the health sector. These recommendations are critical for upholding te Tiriti obligations. We see these requirements as making significant contributions to decolonizing health systems and policy in Aotearoa and thereby contributing to aspirations for health equity as a transformative concept.

Worldwide, large amounts of administrative data are collected within official statistics systems on Indigenous Peoples. These data are primarily used for government and state policy purposes as opposed to by Indigenous Peoples to support Indigenous agendas (Taylor & Kukutai, 2017). In Aotearoa me Te Waipounamu New Zealand, Māori need high quality data to develop evidence-based policies and programs and to monitor government policies that impact on Māori. In this methodological paper, we describe uses of administrative data for Māori and current barriers to its use. We outline the development of a novel administrative data infrastructure and future longitudinal study. By explicating our Indigenous initiated, designed and controlled data project, we make a methodological contribution to Indigenous Data Sovereignty and Kaupapa Māori (Māori worldview) epidemiology.

Obesity among Māori is of growing concern in New Zealand with rates for Māori being one-and-a-half times that of the total population. The New Zealand government's Healthy Eating Healthy Action: Oranga Kai Oranga Pumau (HEHA) Strategy has, in the past seven years, been a significant policy mechanism through which the health sector has been able to address the increasing prevalence of obesity and associated chronic diseases.

This paper presents an analysis of the qualitative data collected for a study investigating the effect of the Working for Families policy on Māori families’ self-reported whānau ora (family wellbeing). Data are drawn from a discrete set of 30 qualitative interviews undertaken with Māori whānau involved in the Te Hoe Nuku Roa Longitudinal Study. Whānau perceptions about how the Working for Families policy has impacted on their lives and the contribution the policy has made towards their family's wellbeing is presented. The paper discusses how the Working for Families policy appears to have become an integral component of household income for many low-to-middle-income whānau and reflects on how this policy, conceived and designed (amongst other things) to alleviate and redress child poverty, is contributing towards supporting family wellbeing or ‘whānau ora’.

In Canada and New Zealand, policies support Indigenous participation in the planning and delivery of community-based primary health services. However, these services represent only a fraction of the health services accessed by Indigenous peoples. In New Zealand, legislation enacted in 2000 introduced mechanisms to ensure that Māori have a voice in the decisions made by health boards. In Canada, neither policies nor legislation currently ensure that Aboriginal communities are represented in provincial health systems or regional health boards. The New Zealand experience shows that adding mechanisms of participation to legislation and policies creates opportunities for Māori and health boards to engage in discussions about how to best allocate resources to reduce disparities between Māori and non-Māori health outcomes. In Canada, this dialogue may not occur. Requiring that such mechanisms be created in all Canadian jurisdictions would establish meeting places for dialogue, and assist in closing policy and access gaps that remain.

Whanau Ora, a social policy initiative designed to build the capacity and capability of Maori families, has been variously described as: a 'revolutionary public-sector initiative', an 'Indigenous policy success story' and as having the transformative power to improve health and social outcomes for Maori. Since its launch in April 2010, Whanau Ora has positively impacted the lives of many of our nation's most vulnerable Maori families. Through a kaupapa Maori lens, this article provides a brief overview of the initiative, the key goals of Whanau Ora and the mechanisms by which these goals were to be attained. It is argued that it reflects a 'paradigm shift' by fundamentally reorienting government thinking about how to improve Maori outcomes through policy. The article examines the success of Whanau Ora by highlighting a number of innovative aspects the National-led government introduced which contributed towards the success of the initiative through the period 2008-2017, as well as areas of tension. The article then turns to explore the likelihood of the Whanau Ora initiative continuing in the future, building on its early success embedding its innovative, empowering and sustainable social policy approach to working with Maori whanau, hapu, Iwi and communities.

Many studies have documented the effect that colonisation has had on takatāpui, that is, Māori (the Indigenous peoples of New Zealand) with diverse gender identities, sex characteristics and sexualities. In this paper, we explore whether current Aotearoa New Zealand (hereafter Aotearoa) mental health policies meet the needs of takatāpui. We identified five mental health policy needs, informed by the literature. We then explored policy documents from government ministries, district health boards and non-government organisations to see the extent to which policy met these needs. Four themes were present in the literature analysed: an overall lack of acknowledgment of takatāpui and intersectionality; promising engagement with the needs of takatāpui by NGOs; symbolic commitment to Te Tiriti o Waitangi; and some limited engagement with Māori health models. The findings show promise in some areas but demonstrate a lack of engagement by policy to meet the needs of takatāpui.

This article analyses the protections the New Zealand intellectual property framework provides for the haka and matauranga Maori. Part II of this article defines the key terms of" misappropriation"," traditional knowledge" and" matauranga Maori" in order for the reader to fully understand these concepts in an indigenous, and specifically Maori, context. Part III of this article discusses the importance and signficance of haka in Maori culture, particularly looking at the history and significance of Ka Mate, the most well-known haka in New Zealand and the world. Examples of different companies, both New Zealand and internationally-owned, using the haka for commercial benefit are analysed to establish whether or not their use of the haka is misappropriation, and if so, the harm this misappropriation has caused Maori. Part IV discusses the current legal protections New Zealand provides for matauranga Maori and whether they sufficiently protect the haka and matauranga Maori generally. It will assess the Haka Ka Mate Attribution Act 2014 as a case study. Part V outlines the limitations of the intellectual framework. Part VI of this article looks to what legal protections would be sufficient to protect against the misappropriation of the haka and matauranga Maori generally.

This article explores ways to decolonise aspects of the intellectual property system in Aotearoa New Zealand, primarily in respect of trade marks. It considers the seminal Wai 262 report of the Waitangi Tribunal and builds upon its findings and recommendations, while also offering new ideas of legal reform for protecting matauranga Maori (Maori knowledge and expertise) from undue exploitation. This article also measures those ideas against the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as well as other internationally recognised rights. Essentially, this article maintains that for any mechanism to be effective in recognising and upholding the tino rangatiratanga (unqualified self-determination) of Maori over their own matauranga, that mechanism must be founded upon the principles of tikanga Maori (Maori laws and customs), which is a notion crystallised within the Treaty of Waitangi/Te Tiriti o Waitangi. It must also find its own meaningful place in the law of New Zealand that surrounds us today. It is only in this way that the extractive and thereby oppressive binds of the western intellectual property regime can be unpicked and put aside and the tapu (high status and associated sanctity) of matauranga can be upheld. These words are also an honouring of those who spent countless hours on the Wai 262 report. It is hoped this article gives new and much needed life to the issue of protecting matauranga Maori, which is still as relevant today as it was then. Kei aku rangatira, kei aku tapaeru, kei aku whakaruakaka, tenei e ngakau whakaiti nei (an acknowledgement of all those who took part in Wai 262).