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The Foreshore and Seabed Act 2004 caused many New Zealanders grave concern. In this article I suggest that a number of the Government's actions since the passing of the Foreshore and Seabed Act bring into question several of its central claims for legislating and the subsequent overriding of Tiriti o Waitangi and human rights laws. As a result, I argue that the inadequacy in our constitutional arrangements requires a change of approach—a new game plan: constitutional change. The second part of the article examines the work of the Maori Party. Its actions in encouraging an increasing level of Maori politicisation away from expression outside the State and towards the electoral process, arising out of opposition to the Foreshore and Seabed Act, constitute another changing of game plans. The article concludes by emphasising how the Foreshore and Seabed Act has encouraged us to take a longer term vision in order to foster more positive relations, a vision that encompasses the need for genuine constitutional change based on respect for human rights and Te Tiriti o Waitangi.
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In December 2002 a new Local Government Act was passed into statute. Much of the literature, submissions, articles and commentaries leading up to the passing of the Act indicated that a new Act had to clarify the relationships and obligations between local government, the Crown, Maori and the Treaty of Waitangi. In this paper I argue that the new Act has not adequately clarified these relationships and obligations, and that there are particular reasons and consequences arising from this situation. The reasons surround denials from local government that they are the Crown and central government's vested interest in allowing slippage to continue. If we examine the example of the General Agreement on Trade in Services we can see that a failure to clarify the relationships may have detrimental consequences for Maori to protect their rights.
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Land and natural resources are at the core of conflicts between Indigenous peoples and Settlers in settler-colonial nations. This article explores the coloniality of natural resource law in the context of the New Zealand Crown Minerals Act 1991 (CMA) Block Offer process; the annual tender process for mineral prospecting and exploration. While there is often strong Māori participation, we will argue that Aotearoa New Zealand settler-colonial mining law is structured in such a way that Māori views rarely influence the substantive outcomes of mineral exploration decisions. Through a case study of the 2013 Epithermal Gold Block Offer in the Central North Island, we will explore the factors that might contribute to the mismatch between the level of Māori participation and the influence of Māori views on final decisions in the Block Offer process. We examine how different views are valued by bureaucrats within New Zealand Petroleum and Minerals, a government agency within the Ministry of Business, Innovation and Employment, and explore whether the criteria applied to Māori submissions genuinely and appropriately reflect the full range of interests, aspirations and concerns raised by Māori participants. In particular, we consider how mining regulation is structured to exclude Māori law and jurisdiction in order to uphold settler-colonial authority over key natural resources and extractivist economies. Finally, we consider alternatives to the CMA process and explore the potential to ensure substantive outcomes that better reflect the Māori views and interests. In doing so we point to the need to shift from colonial extractivist models of natural resources law towards Settler-Indigenous partnerships in relation to environmental planning in settler-colonial states.
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The election of Evo Morales as the first indigenous President of Bolivia in 2005 is widely credited to the Cochamba Water War (Spronk 2007: 8). The Cochamba Water War progressed from an indigenous movement and a specific issue to the creation of an indigenous political party and election of the first indigenous President. The Bolivian water war, the Puebla Panama Plan in Mexico, the Mackenzie Valley pipeline in Canada (Altamirano‐Jiménez 2004) and Māori resistance to the neoliberal agenda from 1984 onwards (Bargh 2007: 26) inspired much theorising about indigenous people successfully contesting neoliberalism (AltamiranoJiménez 2004, Bargh 2007, Spronk 2007: 8, Postero 2007). Bargh and others, for example, documented not only ‘overt Māori resistance to neoliberal policies, but also more subtle stories of activities, which The neoliberal state, recognition and indigenous rights implicitly challenge neoliberal practices and assumptions by their support for other ways of living’ (Bargh 2007: 1). Scholars make visible the persistence of the colonial in the concrete and material conditions of everyday neoliberal governance and life (Howard-Wagner & Kelly 2011: 103). As Bargh (2007), Altamirano-Jiménez (2013), Howard-Wagner (2010b, 2015) and others note, indigenous categorisations of neoliberal practices as a form of colonisation relate to a concern that neoliberalism in its multiple forms poses a threat to indigenous ways of life. This scholarship also critically reflects on the reshaping of the relationship between the state and indigenous peoples under neoliberalism (Altamirano-Jiménez 2004, Bargh 2007, Howard-Wagner 2009). For example, it draws attention to the increasing intervention in the lives of indigenous peoples (Howard-Wagner 2007, 2009, 2010a, 2010b) and the dispossession of indigenous people through privatisation (Wolfe 2006, Howard-Wagner 2012, Altamirano-Jiménez 2013, Coulthard 2014). It does not, however, preclude agency, resistance and decolonisation. Interpretive micro-studies about indigenous peoples’ engagement with neoliberalism provide particular value. They tell us about actually existing neoliberalism in the context of intervention in the everyday lives of indigenous peoples, contests over rights, contests over policy and the complex decisions indigenous people are making about how to protect their rights and navigate diverse economies involving neoliberal policies and practices.
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Topic
- crown policy
- civil Rights (1)
- colonisation (1)
- constitutional transformation (1)
- crown law (1)
- decolonisation (1)
- environment (1)
- foreshore and seabed act 2004 (1)
- government (1)
- institutional racism (1)
- iwi politics (1)
- kaitiakitanga (1)
- kāwanatanga (3)
- land policy (1)
- local government (1)
- māori rights (1)
- neoliberalism (1)
- political activity (1)
- rangatiratanga (1)
- te pāti māori (1)
- tikanga | indigenous law (1)
- tiriti o waitangi/treaty of waitangi (2)
- treaty obligations (2)
- waitangi tribunal (1)
- water management (1)
- water rights (1)
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