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The UN declaration on the Rights of Indigenous Peoples is a deeply significant document. In 2007, then UN Secretary-General Ban Ki-moon described its signing as an "historic moment when UN Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all". This book reflects on the tenth anniversary of the UN General Assembly's adoption of the Declaration and examines its relevance in New Zealand. It shows the strong alignment between the Treaty of Waitangi and the Declaration, and examines how the Declaration assists the interpretation and application of Treaty principles of partnership, protection and participation. Starting from a range of viewpoints and disciplines, the authors agree that in Aotearoa New Zealand the journey to full implementation is now well underway, but warn that greater political leadership, willpower, resources and a stronger government commitment is needed.
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"A comprehensive analysis of the manifestations, complexities and challenges arising out of the development of Māori governance structures post-Treaty of Waitangi settlement period. As well as bringing together the many elements that feed into the governance of Māori corporate entities, the text highlights key principles and best practices of Māori corporate governance... The book is separated into six substantial parts, starting with tikanga and mātauranga Māori in a governance context, then considering treaty settlements, sectoral governance, theoretical and constitutional issues, legal opportunities and constraints, and the way forward"--Back cover.
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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.
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Over the past four decades, international indigenous rights have become a prominent aspect of international law and are now enshrined in the UN Declaration on the Rights of Indigenous Peoples. Yet, while endorsed by Aotearoa New Zealand in 2010, little remains known about how these standards came about, how the international movement that created them was established, and the implications of these standards on national reforms already protecting Māori rights. International Indigenous Rights in Aotearoa New Zealand seeks to answer these questions. This collection of essays places the Declaration in the context of New Zealand rights around such issues as Treaty settlements, mining policy and the status of Māori children. Crucially, it also asks how Māori can hold New Zealand to account against international indigenous rights.
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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
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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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In response to widespread water quality and quantity issues, the New Zealand Government has recently embarked on a number of comprehensive freshwater management reforms, developing a raft of national discussion and policy documents such as "Freshwater Reform 2013 and Beyond" and a National Policy Statement for freshwater management (NPS-FM 2014). Recent resource management reforms and amendments (RMA 2014), based on previous overarching resource management legislation (RMA 1991), set out a new approach and pathway to manage freshwater nationwide. Internationally, there is an increasing trend to engage with indigenous communities for research and collaboration, including indigenous groups as active participants in resource management decision making. What is driving this change toward more engagement and collaboration with indigenous communities is different for each country, and we document the progress and innovation made in this area in New Zealand. The indigenous rights of Māori in New Zealand are stated in the 1840 Treaty of Waitangi and in many forms of New Zealand's legislation. Local and central governments are eager to include local indigenous Māori groups (iwi/hapū) in freshwater management planning processes through meaningful engagement and collaboration. Key to the success of collaborative planning processes for Māori are enduring relationships between local government and Māori, along with adequate resourcing for all partners contributing to the collaborative process. A large number of shared governance and management models for natural resource management have emerged in New Zealand over the past 20 years, and some recent examples are reviewed. We provide some discussion to improve understanding and use of the terms used in these management models such as cogovernance, comanagement, and coplanning, and describe some of the more important frameworks and tools being developed with Māori groups (e.g., iwi/hapū), to strengthen Māori capacity in freshwater management and to support good collaborative process and planning.
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The primary purpose of this thesis is to provide a way in which the law can protect and respect Te Mana Motuhake. In the course of achieving this purpose, the meaning of Te Mana Motuhake o Tūhoe is discussed. Firstly, a discussion is presented on the concept of mana motuhake as a part of tikanga Māori. Like all tikanga Māori, mana motuhake is sourced from Māori cosmogony. Secondly, a Tūhoe specific analysis of mana motuhake is presented. While mana motuhake has unique meanings for different iwi, for Tūhoe, mana motuhake is connected to Te Urewera, the lands within which they dwell, the lands that sustained Tūhoe in times of adversity and in times of peace. Mana motuhake is also intertwined with Tūhoetanga or Tūhoe identity. Mana motuhake is in the songs Tūhoe sing, the haka Tūhoe perform, and the phrase adorns the flag that has become known as Tūhoe’s symbol. Mana motuhake for Tūhoe is also about having Tūhoe control over the governance of Te Urewera. To create avenues through which the law can better respect mana motuhake, the Urewera District Native Reserve Act 1896 is analysed. Although this Act was considered by Tūhoe to give recognition to Te Mana Motuhake o Tūhoe, an analysis of this Act reveals that mana motuhake was not recognised. This thesis concludes with notes for a draft Act which would capture and reflect the essence of Te Mana Motuhake o Tūhoe. These notes are not intended to be a full draft of an Act and many decisions regarding Tūhoe tikanga are left for Tūhoe to determine. However, the notes do intend to give life to the essential aspects of Te Mana Motuhake identified in this thesis, which are Tūhoe Land, Tūhoe People and Tūhoe Self-determination.
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"For many indigenous peoples, oral history is a living intergenerational phenomenon that is crucial to the transmission of our languages, cultural knowledge, politics, and identities. Indigenous oral histories are not merely traditions, myths, chants or superstitions, but are valid historical accounts passed on vocally in various forms, forums, and practices. Rethinking Oral History and Tradition: An Indigenous Perspective provides a specific native and tribal account of the meaning, form, politics and practice of oral history. It is a rethinking and critique of the popular and powerful ideas that now populate and define the fields of oral history and tradition, which have in the process displaced indigenous perspectives. This book, drawing on indigenous voices, explores the overlaps and differences between the studies of oral history and oral tradition, and urges scholars in both disciplines to revisit the way their fields think about orality, oral history methods, transmission, narrative, power, ethics, oral history theories and politics. Indigenous knowledge and experience holds important contributions that have the potential to expand and develop robust academic thinking in the study of both oral history and tradition.--
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Examines two prominent environmental issues – sea level rise and taonga species protection – facing iwi, hapū, Māori and the Crown, exploring the barriers, solutions and positive steps in each area towards a ‘tika transition’ whereby iwi, hapū and Māori (the rangatiratanga sphere) and the Crown (kāwanatanga sphere) exist within distinct and equal political entities, with the rangatiratanga sphere leading and governing tikanga and mātauranga Māori policy and legislation. 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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The New Zealand government has been globally praised for its response to Covid-19. Despite the global accolades, little attention has been given to the swift and innovative Māori response to Covid-19. This paper will detail some of this rapid Māori response to Covid-19 in Aotearoa New Zealand and argue the response can be understood as key examples of Māori exercising tino rangatiratanga (self-determination), independent of the government's measures and policies. We suggest that this exploration of tino rangatiratanga during Covid-19 demonstrates central aspects of Māori well-being that move beyond a government focus on statistics as the key measure of well-being and how tikanga Māori (Māori values) are being used to develop successful responses to the global pandemic.
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