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In this article I examine some of the challenges for Māori and Local Government on the path to Treaty-based Local Government relationships. I suggest significant challenges exist in three core areas. The first relates to the attitudes towards the ideas of Treaty-based Local Government and evident in common terminology which has a narrow focus on the identity of Māori as ‘representatives' rather than ‘Treaty partners’. The second area of challenge is in having Māori wards/constituencies established which, when they are established, are symbolically the beginnings of an acknowledgment of Treaty obligations and relationships. The third challenge is the lack of good data which limits understandings of Māori involvement in Local Government. In the second part of the article I ask whether any specific challenges can be seen that might impact on Treaty-based relationships in regard to Māori involvement as candidates and voters in Local Government elections.
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In this article, I outline the existing legislative options available and rationale for M?ori representation in local government. I suggest that the arguments and rationale against M?ori representation have been exacerbated by a lack of clarity around local government?s duties and obligations stemming from the principles of the Treaty of Waitangi. In the second part of this article, I explore more recent arguments by M?ori for representation and involvement in local government decision-making on the basis of being mana whenua, which means to have territorial authority and power associated with the possession and occupation of tribal land. This argument foregrounds specific iwi (tribes) as holding territorial authority and therefore rights to representation and involvement in decision-making sourced in tikanga M?ori (M?ori law), over and above other M?ori who live in that area. I examine in detail the Rotorua District Council?s establishment of the Te Arawa Partnership Board in 2015 and argue that this Board and its first election results provide unique insights into the relationship between Te Arawa people living in and outside the district and has implications for broader conversations about the rights of M?ori living away from their tribal areas.
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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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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
- treaty obligations
- constitutional transformation (1)
- crown policy (2)
- elections (1)
- foreshore and seabed act 2004 (1)
- institutional racism (1)
- kāwanatanga (2)
- local elections (1)
- local government (2)
- mana whenua (1)
- māori electorates (1)
- neoliberalism (1)
- political activity (1)
- political participation (1)
- racism (1)
- representation (1)
- te pāti māori (1)
- tikanga | indigenous law (1)
- tiriti o waitangi/treaty of waitangi (2)
- treaty-based relationships (1)
- treaty principles (1)
- voting (2)
- waitangi tribunal (1)
- water management (1)
- water rights (1)
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- Journal Article (3)
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