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In both Australia and New Zealand, Indigenous peoples have called for alternative non-colonial political arrangements. In October 2023, Australians voted in a referendum against distinctive Indigenous participation in public policymaking, which had been proposed as a step toward a more inclusive political system. On the same day, New Zealand elected a new Parliament, leading to the formation of a government comprising three parties that had campaigned against what they saw as excessive Māori political influence. Comparing these developments and the histories of the two countries raises questions about liberal equality, democratic citizenship, and whether all or just some citizens should own the liberal democratic state.
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Te Pati Māori (The Māori Party) proposes removing the British monarch as head of state so that Te Tiriti o Waitangi’s (the Māori text of the Treaty of Waitangi) (Te Tiriti) promise of fulfilling partnership may be realized. The ACT (Association of Consumers and Taxpayers) Party’s alternative argument is that partnership is among a body of treaty principles that give Māori people (Indigenous peoples of New Zealand) political advantage over others. These alternative perspectives transcend time because neither partnership nor equality as the ACT party presents it meets the possibilities of liberal democratic citizenship that may be read into Te Tiriti. Instead, equality is enhanced by interpreting Te Tiriti as constituting a commonwealth with hapū (sub-tribes) as existing political communities, and kāwanatanga (government) as a new one, with powers and responsibilities grounded in equal tikanga (cultural practices and proper conduct). The powers of government may then be shared, through participatory parity.
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New Zealand is a peaceful nation, but ongoing political tensions and inequities between Māori (the indigenous peoples of New Zealand) and Pākehā (the majority group of Europeans) persist as a result of its colonial history. Identifying ways to redress the enduring legacy of colonialism are therefore of critical importance. Accordingly, this paper examines data from 7017 Māori, as well as 37,233 Pākehā, to examine the impact of regional-level Pākehā warmth towards Māori on Māori support for progressive collective action. Results reveal that Pākehā warmth towards Māori varies markedly across 257 regional wards (regional units created for New Zealand electoral purposes). Moreover, multilevel modelling demonstrates that Pākehā warmth towards Māori at the region-level correlates positively with Māori identity and political efficacy at the individual level which, in turn, both correlate positively with collective action support. Collectively, these results demonstrate the impact of the broader social climate on social change, while identifying a previously-unknown facilitator of collective action support (namely, a broader context of warmth towards structurally disadvantaged groups).
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This chapter outlines juris-significant, but unorthodox, ways in which international and domestic law, policy and practice influence each other with respect to Indigenous Peoples’ norms. In the authors’ view, such an approach paints a more comprehensive and accurate picture of the legal dialogue that occurs than orthodox and positivistic legal accounts. The approach also illustrates unique and potentially powerful ways that Indigenous Peoples and other non-state actors can better realise Indigenous Peoples’ rights in their territories. The chapter begins by briefly introducing international legal norms relevant to Indigenous Peoples before contrasting formal understandings of the law with new accounts of the influence of legal norms. The final, and primary, section seeks to capture the relationship between international law and domestic state law and policy. It focuses upon international law’s relationship with the courts, legislature and the executive in Aotearoa (New Zealand), although the broader existence of this intersect is signalled.
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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.
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