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Developed during a time of dramatic global upheavals and transformations, The New Imperial Order is concerned with the political economy of world order and the ontologies of being upon which the emergent global order is predicated. Positioned from a Maori perspective and contextualized within the international political and juridical framework, this book examines the political and juridical ontologies that shaped the development of international law and the world order of nation states. In engaging with these issues across macro and micro levels, the book identifies the nation state and new forms of regionalism as sites for the reshaping of the global politico/economic order and the re-emergence of Empire. Stewart-Harawira also tracks the role of education and the reconstruction of sovereign indigenous nations into dependent populations in the development of world order, and the profound impact of indigenous peoples’ proactive global and local responses in the reshaping of international law. In this work, the problematics of globalization are made visible through the privatization of services, the restructuring and commodification of knowledge and the creation of new categories of the dispossessed. Overarching these issues is a new form of global domination in which the connecting roles of militarism and the economy, and the increase in technologies of surveillance and control have acquired overt significance. In the first chapter of the book, the author identifies ontological and cosmological principles that are shared by many indigenous peoples as key signifiers of an alternative framework for socio/politico/economic order. In the final chapter she draws these principles together within the context of the fragmentation and integration which characterize the globalizing process, and proffers them as central to the revisioning of a transformed global order.

"In this era of indigenous peoples' rights recognition, states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. This fact was brought into sharp focus in New Zealand by the Court of Appeal decision of Ngati Apa." "This collection of essays does not aim to be an exhaustive treatment of the legal issues raised by Ngati Apa and the Foreshore and Seabed Act 2004 (the FSA). It does, however, address many of the most salient."--BOOK JACKET.

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.

"A comprehensive analysis of the manifestations, complexities and challenges arising out of the development of Māori governance structures post-Treaty of Waitangi settlement period. As well as bringing together the many elements that feed into the governance of Māori corporate entities, the text highlights key principles and best practices of Māori corporate governance... The book is separated into six substantial parts, starting with tikanga and mātauranga Māori in a governance context, then considering treaty settlements, sectoral governance, theoretical and constitutional issues, legal opportunities and constraints, and the way forward."

This report sets out the findings and recommendations from research into Māori governance and its potential to effect change in persistent inequalities that affect Māori. Māori governance is a form of Indigenous governance to be found in Aotearoa New Zealand that gives collective voice and agency to tribal and nontribal aspirations and imperatives at local, regional, national and international levels. Māori governance is, however, constrained by state and nonstate actors, and must adapt accordingly to achieve its development goals. In this research, we use kaupapa Māori theory, which emphasises ‘by Māori for Māori’ research processes that are transformative, grounded in mātauranga Māori, tikanga Māori, and te reo Māori. This research asks: what is the potential for new governance structures to intervene in persisting social, cultural, political and economic inequalities that disproportionately accrue to Māori? Three sub-elements were explored: (1) governance structure, form, function; (2) governance and developmental imperatives; and (3) governance and aspirations. We reviewed the Indigenous and Māori governance literature and conducted case study research of Māori governance from three perspectives: community outcomes at a marae level in a Ngāti Kahungunu, health outcomes at a provider level in the Mataatua district, and Māori economic outcomes in the Manawatū. At the community level, we found that Māori engage in governance using Māori values, Māori knowledge and relationships, in both Māori and non-Māori governance structures to achieve Māori aspirations. Māori governance roles within hapū and iwi need to be more broadly accessible to allow different voices and capabilities to emerge. At a health provider level, we found that health system governance, while inclusive of attempts at partnership arrangements, have not been effective at displacing structural inequities, with particular criticism of the uneven effects of the devolution policy in health for Māori. Covid-19 responses demonstrated that bureaucratic control of Māori governance arrangements could be relaxed with positive effects. In terms of the economic perspective, we found that national policy sees self-determined Māori economic development as effecting change in Māori socioeconomic outcomes. However, Māori representation in the governance of economic development is low, and regionally, Māori economic development is constrained by resource limitations despite the advent of treaty settlements. A focus on collaboration across iwi, capability and intent of Māori business networks, and an equitable share of economic resources will assist.

"Negotiating a claim before the Waitangi Tribunal can involve troubling challenges to an iwi's legitimacy, sometimes from unexpected places. In this unique behind-the-scenes account of the negotiation of Ngāi Tahu's Waitangi Tribunal claim, Sir Tipene O'Regan describes what happened when claims of New Age mysticism attempted to undermine traditional whakapapa and academic scholarship."

"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."