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"Collection of 17 essays from Māori scholars which cover customary law, ancestral law, the natural world, Māori urban protest, health, politics, and customary language and expression"--Publisher's information.

Abstract Democracy manifests itself in a range of ways and is an imperfect, dynamic struggle for collective decision-making. This article discusses the multifaceted processes of deliberative democratic praxis found in traditional Māori society. Central to decision-making in te ao Māori, hui provide formal and informal structures for deliberative democracy, precedent setting, learning, and transformation through consensus making, inclusive debate, and discussion across all levels of society. Rather than coercion and voting, rangatira relied on a complex mix of customary values and accomplished oratory skills to explore issues in family and community meetings and in public assemblies. Decisions made through inclusive deliberative processes practiced in hui established evident reasoning and responsibility for all community members to uphold the reached consensus. This article claims that practicing deliberative democracy as a fundamental way of life, learned through ongoing active and meaningful participation throughout childhood, improves the integrity of democratic decision-making.

<jats:p>Standing back, the greatest influence of Indigenous Peoples on international law is our contribution to a pragmatically-driven yet conscious reframing of its foundations. Partly as a result of our participation in international law, it is changing its nineteenth and twentieth century state-centric, colonial, and positivist character to a more informal, flexible, and partially decolonizing system of law. In this way, Indigenous Peoples are crafting a legal system that achieves the “sweet-spot.” It has sufficient “hard-law” quality to restrain the self-interested instincts of powerful states—much needed by Indigenous Peoples seeking to realize their claims against states—and systemic inclusion and justice.</jats:p>

Introduction. Although opportunities exist for positive experiences in research, Māori in New Zealand, like other indigenous people colonised by Europeans in the nineteenth century, have also been subject to research and associated policies that have had long-lasting negative consequences. Researchers have subsequently been challenged by Māori to conduct research that is acceptable, accountable and relevant. Much of this debate has taken place within the framework of the Treaty of Waitangi, a treaty of cession signed between Māori and British Crown representatives in 1840. Nowadays, health and health research statutes exist that require researchers to respond to the ‘principles’ of the Treaty. Few practical examples of how health researchers have undertaken this have been published. Aims. We examine how, in developing a national study of injury outcomes, we responded to the Treaty. Our study, the Prospective Outcomes of Injury Study, aims to quantitatively identify predictors of disability following injury and to qualitatively explore experiences and perceptions of injury outcomes. Discussion. Responses to the Treaty included: consultation with Māori groups, translation of the questionnaire into te reo Māori, appointment of interviewers fluent in te reo Māori, sufficient numbers of Māori participants to allow Māori-specific analyses and the inclusion of a Māori-specific qualitative component. While this article is located within the New Zealand context, we believe it will resonate with, and be of relevance to, health researchers in other former settler societies. We do not contend this project represents an ‘ideal’ model for undertaking population-based research. Instead, we hope that by describing our efforts at responding to the Treaty, we can prompt wider debate of the complex realities of the research environment, one which is scientifically, ethically and culturally located.

This thesis investigates the evolving natural resource management and governance (NRMG) for the Kaipara Moana, in northern Aotearoa. I employ postcolonial theory (PCT) to consider Indigenous peoples’ acts of colonial resistance and tribal resurgence within this specific place and time. I utilise a postcolonial framework comprised of Bhabha’s concepts of ambivalence, mimicry, hybridity and third space as well as Spivak’s concept of strategic essentialism to explore the agency of two Ngāti whātua hapū – Te Uri o Hau and Ngāti Whātua o Kaipara – in initiating and participating in NRMG. These concepts enable the research to explore beyond the binary Indigenous versus non-Indigenous thinking to consider the nuances that occur within hybrid realities. I deconstruct colonial discourse, examining the relations between power, knowledge and agency, to resist and challenge imperialism. By utilising PCT and taking a ‘catchment’ scale approach this research characterises the various discourses at play as a legacy of colonialism and the postcolonial complexities associated with NRMG within, and associated with, this locale. My key research question asks: To what extent does Integrated Catchment Management address mana whenua rights to assert rangatiratanga over their environmental resources and taonga? The research finds that integrated catchment management (ICM) offers potential opportunities for Māori to re-negotiate their role in NRMG, and that iwi-led ICM offers potential for cultural revitalisation and empowerment. However in the case of Kaipara Moana this potential is undermined by a lack of appropriate overarching bicultural governance. The research reveals the ambivalence of the colonial state in the Kaipara and the fragility of its assumed positional superiority within NRM. It is suggested that non-statutory arrangements fail to ensure the commitment necessary for successful outcomes, instead providing a façade for colonial governments to merely appear responsive. New Zealand’s Resource Management Act (1991) is shown to be ineffective in supporting ICM, because cultural imperatives are given less weight than economic imperatives. Small triumphs in Indigenous attempts to reconcile themselves with other local actors in multicultural realities, against a backdrop of ongoing Treaty settlements, and to provide for their own social wellbeing and empowerment, are proven to be real and significant. However, ICM, in and of itself, is unlikely to provide for self-determination to the fullest extent. This research is timely, as current policy reforms such as the National Policy Statement for Freshwater Management (NPSFM) (2014) and Treaty of Waitangi settlements are placing greater emphasis on Māori rights and interests in NRMG. The NPSFM also recommends collaborative ICM-based implementation of fresh water management to meet the national level requirements. It is concerning though, that the NPSFM lacks any explicit implementation mechanism to ensure Māori rights and interests are met, meaning there is a similar risk that the NPSFM could also be ineffective. In this context it is highly relevant to be gauging a reallife ICM case and even more so, one that is iwi-led and to which the Treaty partnership is a fundamental principle. Key words: Indigenous rights and interests; Rangatiratanga; Natural resource management; Governance; Integrated catchment management; Ngāti Whātua, Treaty of Waitangi/te Tiriti; Treaty partnership; Multiple stakeholder platforms; bicultural kaupapa; mātauranga Māori Title: For the purposes of this research the Māori title “He waka hourua, he waka eke noa” is interpreted as ‘a waka with two hulls bound by a common kaupapa’. The notion being that while Indigenous and non-Indigenous peoples may be willing to get into the same waka and integrate where necessary, for example sharing a vision, objectives and desired outcomes, they also maintain separate hulls to preserve and advance the knowledges, institutions and practices of each culture.

Drawing on the work of Matike Mai Aotearoa: The Independent Iwi Working Group on Constitutional Transformation (the Working Group), this article argues that there is an evolving New Zealand constitutionalism, one that offers a constitutional understanding grounded in the Māori constitutional system. The article opens with a descriptive analysis of the Māori constitutional system, explains the key features of New Zealand’s existing constitution and concludes with an argument that the existing constitution can evolve – and, through the political process, ought to evolve – according to the constitutional models that the Working Group recommends. This article deploys legal research methods, primarily doctrinal research and applied doctrinal research.1

‘There is a need for a mindset shift away from the pervasive assumption that the Crown is Pākehā, English-speaking, and distinct from Māori’, wrote the permanent commission of inquiry investigating breaches of New Zealand’s founding document, the Treaty of Waitangi. ‘Increasingly, in the twenty-first century, the Crown is also Māori.’ This paper argues that ‘the Crown in right of New Zealand’ is in need of redefining. In the 19th and parts of the 20th century Māori leaders and institutions were often understood as separate from the Crown. But that understanding is shifting, and this paper argues the shift is leading to a new understanding of the Crown in right of New Zealand.