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As the global ‘data revolution’ accelerates, how can the data rights and interests of indigenous peoples be secured? Premised on the United Nations Declaration on the Rights of Indigenous Peoples, this book argues that indigenous peoples have inherent and inalienable rights relating to the collection, ownership and application of data about them, and about their lifeways and territories. As the first book to focus on indigenous data sovereignty, it asks: what does data sovereignty mean for indigenous peoples, and how is it being used in their pursuit of self-determination? The varied group of mostly indigenous contributors theorise and conceptualise this fast-emerging field and present case studies that illustrate the challenges and opportunities involved. These range from indigenous communities grappling with issues of identity, governance and development, to national governments and NGOs seeking to formulate a response to indigenous demands for data ownership. While the book is focused on the CANZUS states of Canada, Australia, Aotearoa/New Zealand and the United States, much of the content and discussion will be of interest and practical value to a broader global audience.
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Situated 65 kilometres south-east of Hamilton, Putāruru (population 3747 in the 2013 Census) is typical of the many farming service towns scattered across rural Aotearoa New Zealand. Bakeries, op shops, a sports bar and a farm equipment supplier occupy the main street. Unlike nearby Tirau, which transformed from a one-stop shop into a vibrant boutique village in the late 1990s, Putāruru township remains largely indistinguishable from other rural centres. There are few clues to the substantial farming-based and water-generated wealth that lies beyond the town.
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This thesis investigates the evolving natural resource management and governance (NRMG) for the Kaipara Moana, in northern Aotearoa. I employ postcolonial theory (PCT) to consider Indigenous peoples’ acts of colonial resistance and tribal resurgence within this specific place and time. I utilise a postcolonial framework comprised of Bhabha’s concepts of ambivalence, mimicry, hybridity and third space as well as Spivak’s concept of strategic essentialism to explore the agency of two Ngāti whātua hapū – Te Uri o Hau and Ngāti Whātua o Kaipara – in initiating and participating in NRMG. These concepts enable the research to explore beyond the binary Indigenous versus non-Indigenous thinking to consider the nuances that occur within hybrid realities. I deconstruct colonial discourse, examining the relations between power, knowledge and agency, to resist and challenge imperialism. By utilising PCT and taking a ‘catchment’ scale approach this research characterises the various discourses at play as a legacy of colonialism and the postcolonial complexities associated with NRMG within, and associated with, this locale. My key research question asks: To what extent does Integrated Catchment Management address mana whenua rights to assert rangatiratanga over their environmental resources and taonga? The research finds that integrated catchment management (ICM) offers potential opportunities for Māori to re-negotiate their role in NRMG, and that iwi-led ICM offers potential for cultural revitalisation and empowerment. However in the case of Kaipara Moana this potential is undermined by a lack of appropriate overarching bicultural governance. The research reveals the ambivalence of the colonial state in the Kaipara and the fragility of its assumed positional superiority within NRM. It is suggested that non-statutory arrangements fail to ensure the commitment necessary for successful outcomes, instead providing a façade for colonial governments to merely appear responsive. New Zealand’s Resource Management Act (1991) is shown to be ineffective in supporting ICM, because cultural imperatives are given less weight than economic imperatives. Small triumphs in Indigenous attempts to reconcile themselves with other local actors in multicultural realities, against a backdrop of ongoing Treaty settlements, and to provide for their own social wellbeing and empowerment, are proven to be real and significant. However, ICM, in and of itself, is unlikely to provide for self-determination to the fullest extent. This research is timely, as current policy reforms such as the National Policy Statement for Freshwater Management (NPSFM) (2014) and Treaty of Waitangi settlements are placing greater emphasis on Māori rights and interests in NRMG. The NPSFM also recommends collaborative ICM-based implementation of fresh water management to meet the national level requirements. It is concerning though, that the NPSFM lacks any explicit implementation mechanism to ensure Māori rights and interests are met, meaning there is a similar risk that the NPSFM could also be ineffective. In this context it is highly relevant to be gauging a reallife ICM case and even more so, one that is iwi-led and to which the Treaty partnership is a fundamental principle. Key words: Indigenous rights and interests; Rangatiratanga; Natural resource management; Governance; Integrated catchment management; Ngāti Whātua, Treaty of Waitangi/te Tiriti; Treaty partnership; Multiple stakeholder platforms; bicultural kaupapa; mātauranga Māori Title: For the purposes of this research the Māori title “He waka hourua, he waka eke noa” is interpreted as ‘a waka with two hulls bound by a common kaupapa’. The notion being that while Indigenous and non-Indigenous peoples may be willing to get into the same waka and integrate where necessary, for example sharing a vision, objectives and desired outcomes, they also maintain separate hulls to preserve and advance the knowledges, institutions and practices of each culture.
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From 1840 to this day Māori have protested that English immigrants to New Zealand were acting far in excess of the rights they had been afforded. Those rights derived from acknowledgement made by the King of England in 1836 of the paramount authority of Māori chiefs in New Zealand as set out in He Whakaputanga o te Rangatiratanga o nga Hapu o Nu Tireni (the Māori version of the Declaration of Independence) and the subsequent signing of Te Tiriti o Waitangi, a Māori language treaty made between Māori and the Queen of England. The rights conveyed included allowing the Queen of England to take responsibility for maintaining peace and good order amongst English immigrants while they lived under the paramount authority of Māori chiefs as the rulers of their own country. Examination of the original nineteenth-century documents setting out these rights and conditions reveals that mistranslation has played a significant role in allowing the suppression of the protests of Māori by English settlers. While the Māori versions of official documents uphold the Māori understandings, the English versions do not. The English versions convey the erroneous notion that Māori were unsophisticated, child-like and desperately seeking English protection. Written histories of New Zealand almost all either disregard or refute the Māori language versions of these documents and Māori understandings of the nature of the Declaration and the Treaty. Oral traditions of many Māori tribal groups around the country, on the other hand, have maintained these understandings. As a result Māori continue to assert their sovereignty over New Zealand despite the severe disadvantages they now live under both numerically and in terms of all officially measured socio-economic indicators.
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The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a 'mainstream' media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective.
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"Collection of 17 essays from Māori scholars which cover customary law, ancestral law, the natural world, Māori urban protest, health, politics, and customary language and expression."
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What do ... Judith Ablett-Kerr, Pinky Agnew, Donna Akersten, Judith Baragwanath, Janet Beech, Carole Beu, Rob Broughton, Judy Callingham, Trish Costigan, Valerie Davies, Lindsey Dawson, Eve de Castro-Robinson, Debbie Dorday, Dorothy Dudek Vinicombe, Anne Else, Jacquie Fahey, Peggy Fairbairn-Dunlop, Chris Fletcher, Tui Flower, Emerald Gilmour, Tina Grenville, Ruth Harley, Rosie Horton, Glenda Hughes, Sue Kedgley, Jan Kemp, Anne Kennedy, Shona Laing, Helen Leach, Vinka Lucas, Sue McCauley, Elizabeth McRae, Marama Martin, Margaret Mutu, Frances Pitsilis, Ruth Pretty, Wendy Pye, Jenny Rankine, Cecilie Rushton, Catherine Saunders, Karen Soich, Pieter Stewart, Anne Thorp, Mary-Jane Tomasi, Jools Toppp, Jodi Vaughan, Prue Wallis, Ans Westra, Reina Whaitiri, Dale Williams, Margaret Wilson and Alice Worsley ... have in common? They're all irate about something, sounding off on topics from ageing to architecture, shop assistants to short skirts, tablecloths to technology, and many more, in the female follow-up to the popular Grumpy Old Men books. These strops are even more controversial, hard-hitting and funny than the male versions. This is the perfect gift for stroppy old women of all ages.
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"This book describes the iwi of Ngāti Kahu through the traditions and histories of each of the sixteen hapū, told by kuia and kaumātua and kept alive for future generations. These include histories of poverty, deprivation and marginalisation at the hands of the Crown, and loss of lands of the iwi. The book examines the range of techniques used by the Crown to justify its actions and the way these laid the groundwork for continuing injustices. The remedies needed to redress these injustices and achieve reconciliation of Ngāti Kahu and the Crown are set out. These include constitutional change to achieve the restoration of political, social and economic well-being to Ngāti Kahu, Crown relinquishment of all Ngāti Kahu lands to their rightful owners and payment of sufficient compensation to ensure no further Treaty of Waitangi claims. This history of Ngāti Kahu details the range of Crown actions against Ngāti Kahu to the current day, the effects of these actions on the people of Ngāti Kahu and the concerted and continuing efforts by Ngāti Kahu for remedies and reconciliation with the Crown"--Publisher information.
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Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to maintain White control over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori.
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This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitangi Tribunal, the commission of inquiry set up to investigate those breaches, is considered, as is the Crown’s reaction to the 1987 Lands case in developing its treaty claims settlement policy. The Crown unilaterally imposed the policy despite vehement opposition from Māori. Since 1992, it has legislated more than seventy ‘settlements’. The research shows that overall, the process has traumatised claimants, divided their communities, and returned on average less than one percent of their stolen lands. Proposals for constitutional transformation have drawn widespread support from Māori as a solution to British colonisation. United Nations treaty-monitoring bodies have recommended that the government discuss this with Māori
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