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The 6th of February is New Zealand's annual day of cultural performance par excellence. It is not a rememberance and reflection of what is undoubtedly this country's most important historical moment, but instead an enactment of contemporary understandings of the Treaty of Waitangi by both Māori and the Crown. Architecturally this performance is played out at, and between, Te Tii marae and the Treaty grounds at Waitangi. The partnership between Māori and the Crown is spatially expressed each year by symbolically important rituals being conducted and protocols observed at each specific site. People gather, welcomes occur, addresses are given, entertainment provided, bridges crossed, debates take place, demands are made, and protests held. The actions of the various parties are frequently beamed into households by the television networks and reported in the national newspapers, leading to a national construction of space that represents current perceptions of cultural and race relations. The 1980s saw a significant shift in the construction of Waitangi as space. Following the rise of the land rights movement in the 1960s and 1970s, Māori activists focussed their efforts on Waitangi and Waitangi Day more than ever before. The government responded by denying access to the Treaty grounds, then retreating from Waitangi celebrations, and then eventually returning by the end of the decade. Waitangi as space became a pawn in a political contest, and its place in the national psyche moved with each action and counter-action.
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In 2009 international legal negotiations of particular relevance to Indigenous peoples continued under the United Nations (UN) Framework Convention on Climate Change (UNFCCC); the Convention on Biodiversity (CBD); and the auspices of the World Intellectual Property Office (WIPO). As in previous years, international human rights monitoring bodies developed jurisprudence on the rights of Indigenous peoples, contributing to the development of customary international law in the field. New Zealand was the subject of the UN Human Rights Council's (HRC) universal periodic review (UPR) process for the first time in 2009. The HRC focused on Maori and their rights during the UPR with calls for New Zealand to support the UN General Assembly's Declaration on the Rights of Indigenous Peoples (Indigenous Peoples' Declaration) and to consider constitutional entrenchment of international human rights instruments and the Treaty of Waitangi.New Zealand's reluctance to recognise Indigenous peoples' rights persisted in 2009. New Zealand did not endorse the Indigenous Peoples' Declaration and Indigenous peoples' rights did not feature prominently in New Zealand's statements in international fora.
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The Local Government Act 2002 explicitly requires Māori contributions to local authority decision-making processes. Seven years on, it is timely to review the outcomes of the new statutory provisions and to consider Māori aspirations in relation to local political participation. This paper describes research that was carried out to investigate Māori participation in local elections and other forms of decision-making. Focus groups were conducted with four main types of Māori electors: urban Māori and rural Māori aged 25 years and over, and 18-24 years old Māori engaged in tertiary education or the workforce. The focus groups were part of a wider project on local political participation which explored linkages between what people know about local government and their participation in local government. Focus groups (hui rangahau) proved to be a particularly valuable vehicle for engaging with Māori youth (rangatahi Māori) about their participation in local authority decision-making. The purpose of this paper is to report the findings on the views of rangatahi Māori about local political participation, and offers reflections on the utility of the focus group methodology. The research highlights a number of strategies that local authorities can deploy to reduce the barriers to voting and other forms of participation experienced by Māori youth. Improved engagement with Māori youth is vital to ensure that Māori contributions to decision-making processes do not remain under-developed in future.
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The article argues that Maori political participation in New Zealand constitutes a positive example of how the current international standards on indigenous political participation can be implemented at the national level. Notwithstanding the weaknesses of the system and the challenges laying ahead, the combination of the Mixed Member Proportional electoral system, dedicated Maori seats and the establishment of the Maori Party have ensured a Maori voice in Parliament and have broadened the possibilities of effective indigenous participation in the political life of the state. Such state practice that implements the 2007 UN Declaration on the Rights of Indigenous Peoples firmly confirms the position of the Declaration within current international law.
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Objective: An initial exploration of the available conceptualizations of privilege in Aotearoa/New Zealand with the goal of developing a more in-depth qualitative study, incorporating kaupapa Maori and public health framings. Design: Interviews were conducted with a purposive sample of key informants that span the academic, community development, health service provision, and activist sectors. Participants were selected from multiple networks for their expressed interest and insight into the concept of privilege and its importance to analyses of social justice. Results: Six key themes emerged that include the invisibility of privilege; the weighting of different variables; individual vs group privilege; class; the active aspects of privilege; and links between privilege and Pakeha culture. Conclusion: Participants' constructions of privilege emphasize the multifaceted complexity and discursive ambiguities of the ways in which the concept is utilized within our political economy to account for disparity and covertly reproduce the status quo of Pakeha advantage.
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Māori domestic violence issues were examined by consideration of convictions for assaults on females and children over the last 27 years. Assault convictions increased substantially from the mid 80s to the mid 90s, fell off, and today continues its upward trend. Māori now account for more convictions than any other ethnic group in New Zealand including Europeans. It is time to stop and reconsider the problem of domestic violence because it is quite clear that current policies aimed at ameliorating the problem may not be working. The data indicates that there are social factors that influence Māori domestic violence, factors that should be identifiable, but for the moment remain largely unknown. The progression of domestic violence as measured by convictions over the last 27 years clearly indicate that the problem is amenable to social intervention if only the right interventions can be identified. Changes in the conviction rates for violent crimes and assaults against females and children coincided with the introduction of the Children’s, Young Person’s, and Their Families Act of 1989, and the introduction of the Domestic Violence Act of 1995 suggesting that government legislation could have influenced the conviction rates. Following the introduction of the Domestic Violence Act in 1995 the conviction rate of Māori offenders increased substantially above that of Pākehā forcing one to ask the question summarized in the title of this paper. In addition, the Sentencing Act of 2002 coincided with an upsurge in convictions of Mäori for domestic violence offenses suggesting that the higher rates of Mäori convictions might be linked more to the manner in which Statutes are interpreted by the criminal justice system than to a sudden behavioural change in Mäori. The data suggests the possibility of discriminatory application of the law against Mäori by the courts that deal with domestic violence issues. Unemployment is another factor that was also considered, but the relationship between unemployment and domestic violence is not an obvious one and, in fact, based on the non-alignment of unemployment with violence convictions, unemployment may not be a driver for domestic violence at all. Current approaches to the problem of Māori domestic violence are at present speculative, and without understanding the driving forces behind the phenomenon those programmes may be limited in their success.
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In the last decade iwi have begun to shift their focus from challenging the state to developing internal capacity. In so doing, the need for accurate, relevant data on iwi populations has been amplified. Using Waikato-Tainui as a case study, we examine the potential gaps between the statistical needs of iwi in a postsettlement context and the official data available to them. Our analysis uses two time points: 1996, shortly after the raupatu settlement, and 2006, the most recent census. Comparing data from the Waikato-Tainui register with those from the 1996 and 2006 censuses, we find significant variation in the parameters and characteristics of Waikato-Tainui in official statistics versus the tribe’s own register. We discuss some of the implications of these gaps and suggest ways in which the statistical needs of iwi could be better met. Our key recommendation is that the existing iwi question in the census be expanded to prompt for tribal registration status. This change would better align official data with the concept of membership used by iwi authorities and yield data that are more relevant for their policy and planning needs.