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Examines ‘significant’ reforms implemented in NZ over the past 30 years to recognise the rights of Māori as an indigenous people. Overviews the conceptual basis for settlements lodged under the Treaty of Waitangi, legal claims by Māori to natural resources and other reforms. Identifies a lack of measures that recognise Māori political authority, and asserts that successive governments have deliberately discounted the normative value of ‘historical conceptual categories’, instead choosing to emphasise categories that deliver lesser substantive rights.
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This article considers the puzzle of the location of tino rangatiratanga in the post-Treaty settlements era in the context of current controversy in New Zealand over recognising Maori self-determination or tino rangatiratanga as guaranteed by Art 2 of the Treaty of Waitangi. On one level, the current political and legal struggles reflect a fundamental tension between Maori aspirations for tino rangatiratanga and the state's desire to maintain centralised sovereignty. At a deeper level, the government opposition to co-governance stems from questions about the evolving role of the Treaty - in particular the guarantee of tino rangatiratanga and its ability to apply to a much wider range of Treaty issues (other than natural resources) and Treaty partners; for example, non-tribal Maori collectives serving urban Maori and not bound like tribes by kinship ties. The Waitangi Tribunal, originally established to facilitate Treaty settlements, is now at the centre of this shift in thinking to expand the interpretation of tino rangatiratanga. In a recent series of reports, the Tribunal has recognised the diversity of Maori identity and the legitimacy of non-tribal collectives as Treaty partners, particularly when these organisations are created by and responsive to the socio-economic needs of Maori. The proliferation of Treaty partners thus raises issues of co-ordination and coherence - how do these many partners engage effectively with the Crown and is every Maori organisation a Treaty partner for the purposes of Art 2 tino rangatiratanga? And does provision of social services by these Treaty partners violate the right to equality?
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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. Source: National Library of New Zealand Te Puna Matauranga o Aotearoa, licensed by the Department of Internal Affairs for re-use under the Creative Commons Attribution 3.0 New Zealand Licence.
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This article is a response to the recent surge of interest over extractive industry in New Zealand and the opposition to this by many iwi. The New Zealand government has in recent years made offshore exploration and production a high priority. By the extractive industry, we mean the people, companies, and activities involved in removing oil and gas, metals, coal, stone and other useful resources from the ground.
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- Aboriginal Australians--Civil rights (1)
- civil Rights (1)
- crown law (1)
- Decision making--Evaluation (1)
- Discoveries in geography--Environmental aspects (1)
- Dispute resolution (Law) (1)
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- foreshore and seabed act 2004 (1)
- human rights (1)
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- land rights (1)
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- Māori (New Zealand people)--Civil rights (1)
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- Mineral industries--Government policy (1)
- New Zealand (1)
- Race discrimination (1)
- racism (1)
- Reparation (Criminal justice) (1)
- Sovereignty (1)
- Treaty of Waitangi (1)
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