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This paper explores the implications of prevailing political thought for the extent to which Māori (native to New Zealand) are able to pursue self-determination, which, although theoretically legitimate, is constrained by elite political pragmatism. While the long-fashionable bicultural paradigm offers some opportunity for self-determination, its utility for meeting Māori aspiration was further limited by the change in political climate following the National Party Leader Don Brash's Nationhood speech in 2004 and by the Foreshore and Seabed Act of 2004. These events encouraged and legitimised a renewed public suspicion of Māori aspiration so that the political space available for the pursuit of self-determination was reduced.
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There has been, and continues to be, considerable debate about the meaning and intent of different versions of the Treaty of Waitangi and about the extent of its relevance to contemporary New Zealand. It is in this context that a number of organisations and institutions in New Zealand, anxious to demonstrate their positive support for the creation of a just society, have attempted to restructure in ways that allow for a 'partnership' between M ori and P keh . With reference to three different case studies, I argue here that such restructuring, although generally very well intentioned and very welcome, should not be seen - as it frequently is - as an expression of the fulfilment of partnership obligations arising out of the Treaty of Waitangi. To treat organisational restructuring in this way, particularly where it does not provide both 'partners' with an equal right to determine the operational parameters and future direction of the organisation, is to misrepresent (often wholly unintentionally) the nature of the Treaty. Nevertheless, one way of resolving some of the debates concerning the meaning and intent of the Treaty of Waitangi might be to establish a principle of equal partnership in the governance and management of state institutions.
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In recent years Maori people have adopted many strategies to protect and advance the well being and visions implicit in the exercise of tino rangatiratanga. Much of that work has been done at home, but an increasing number of Iwi and other Maori organisations are now participating in international affairs that are seen to have some relevance to our lives. They are joining a worldwide movement by Indigenous Peoples to reassert their rights and reclaim their rightful place.
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The United Nations Committee on the Elimination of Racial Discrimination’s finding that the New Zealand Foreshore and Seabed Act 2004 discriminates against Māori reminds us of the relevance of developments in international law on indigenous peoples’ rights. This article pinpoints the content of those developments and their potential impact domestically. Four conclusions are drawn: indigenous peoples’ land rights are binding on New Zealand via international human rights treaties and, to some degree, under customary international law; international human rights jurisprudence increasingly interprets individual human rights to protect indigenous peoples’ rights; international law relating to indigenous peoples may be applied by New Zealand courts; and New Zealand policy currently falls short of international law on indigenous peoples’ rights.
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Describes, from the perspective of the advocates for Maori claimants, the substance of submissions to and process followed by the United Nations committee on the Elimination of Racial Discrimination (CERD) in determining that the Foreshore and Seabed Act 2004 discriminates against Maori.