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Māori customary rights to natural resources are a contentious issue between Māori and the New Zealand government and between Maori and non-Māori. The values and principles inherent in a treaty signed in 1840 between Māori and the British Crown have been undermined by the government’s refusal to allow Māori the right to go to the courts to determine proprietary rights to the foreshore, seabed and fresh water. Discriminatory Crown actions highlight the argument that when an injustice occurs then reparations should be made. The United Nations has chided the New Zealand government for its discriminatory behaviour and failure to provide guaranteed redress but it has had little effect.
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The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a 'mainstream' media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective.
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Māori leaders in New Zealand continue the battle to end British colonisation. The aim is to restore the balance between Māori and the Crown guaranteed in the treaty that Māori and the British Crown agreed to in 1840 so that we can live in peace and harmony. Early European visitors subjected our ancestors to numerous atrocities. Relying on the Doctrine of Discovery, they illegitimately usurped our power and dispossessed us, leaving us in a state of poverty, deprivation and marginalisation. They fabricated myths to justify their criminal activities, set up an illegitimate parliament with unfettered powers, passed laws legalising their crimes and then covered it up with amnesia. They established the Waitangi Tribunal in 1975 to inquire into breaches of the treaty, not realising that it would dismantle the myths and look beneath the amnesia. Governments then instigated the ‘treaty claims settlement’ process to extinguish all Māori claims, remove Māori rights and entrench colonisation. Research undertaken has shown that Māori loathe this process and do not accept that settlements are full and final. Research on constitutional transformation has identified a possible solution. The first step towards that goal involves implementing the United Nations Declaration on the Rights of Indigenous Peoples.
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In 2004 the appointment of a Coordinating Minister Race Relations, signalled a shift in elite Māori policy thinking from a long-standing cautious bipartisan acceptance of selfdetermination towards a re-emergent assimilationist ‘one law’ for all discourse. The question simplistically posed by the Leader of the Opposition was should welfare entitlements be granted on the basis of need or race (Brash 2004)? Beneath this question lies an ideological assumption which privileges assimilation over indigeneity as the basis of Māori participation in public affairs. This paper therefore asks: are Māori peoples with rights, or individuals with needs? Is there a deeper politics of indigeneity providing a legitimate foundation for rights which are not necessarily superior to the rights of citizenship, but are important and distinguishable adjuncts? These questions transcend the issue of welfare entitlements to wider questions about the nature and terms of Māori belonging to the liberal polity. The paper highlights the political tension between government attempts to remove indigeneity from the public agenda in response to populist pressure and a pragmatic acceptance that New Zealand ‘needs’ Māori to increase their contribution to the national economy and that the realisation of this goal may in fact depend on the fuller citizenship imagined by the politics of indigeneity.
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This paper identifies three discourses that are prominent in contemporary Treaty of Waitangi policy debate, each with significantly different implications for Maori political status within the modern nation-state. At one extreme the Treaty's significance is exaggerated by overemphasis on partnership as an implicit Treaty principle. At another extreme the Treaty's significance is understated by an assimilationist position that denies the Treaty's relevance to Indigenous rights which, in turn, imposes serious constraint on the extent to which partnership can actually develop into comprehensive policy practice. An alternative position is one that sees the Treaty, which is supported in international law, as affirming a twofold conception of citizenship as the basis of both individual and collective Maori rights.
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This paper examines contemporary debates in Maori politics by responding to the argument of the former leader of the opposition National party, Don Brash, that Maori public policy is most properly based on "need" alone because indigenous status offers no "rights" beyond those of common national citizenship. The paper's alternative argument is that the politics of indigeneity and associated theories of self-determination provide a way of avoiding a general belief that addressing need is all that is required to include Maori fairly in the national polity. It is argued that Maori ought to enjoy rights of indigeneity as the basis of an inclusive, cohesive and fair society. /// Cette étude examine certains débats dans le domaine de la politique maorie en répondant aux propos de l'ancien chef du parti National, Don Brash, selon qui la politique publique maorie se baserait le plus aptement sur la notion du seul 'besoin', le statut de peuple indigène ne conférant aucun 'droit' au-delà de ceux qu'accorde la citoyennenté nationale régulière. Nous proposons par contre que la politique de l'indigénéité et les théories de l'auto-détermination qui y sont associées constituent un moyen de parer à une croyance généralisée qu'il suffirait de suppléer au besoin pour inclure avec justice les Maoris dans la politique nationale. Nous démontrerons que dans une société inclusive, cohésive et juste, les Maoris devraient jouir des droits accordés par l'indigénéité.
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- māori rights
- assimilation (1)
- civil Rights (2)
- colonisation (4)
- colonisation myths (1)
- constitutional transformation (1)
- crown (1)
- crown policy (3)
- crown violence (1)
- discrimination (2)
- environment (2)
- foreshore and seabed act 2004 (1)
- government (1)
- government relations (2)
- history (1)
- identity (1)
- incarceration (1)
- indigenous rights (1)
- indigenous soveriegnty (1)
- intergenerational trauma (1)
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- kaupapa māori (1)
- kāwanatanga (3)
- land rights (1)
- land tenure (1)
- mana motuhake (2)
- māori electorates (1)
- oral history (1)
- ōrewa speech (1)
- partnership (1)
- protest (1)
- race relations (2)
- racism (2)
- rangatiratanga (5)
- research policy (1)
- resource management (1)
- self-determination (2)
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