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Dr Nin Tomas wrote a considered and substantial piece entitled “Indigenous Peoples and the Māori: The Right to Self-Determination in International Law - From Woe to Go” for the New Zealand Law Review published in 2008.² In her conclusion she notes two ways in which self-determination has been implemented by the state: first, by “greater tolerance and benevolence along a series of principled guidelines”,³ and, second, as a “peoples-centred, enabling principle that allows Indigenous peoples to re-establish their social, economic and political institutions”.⁴ In 2010, New Zealand reversed its position and supported the United Nations Declaration on the Rights of Indigenous Peoples (the Declaration).5 With this in mind, this short piece revisits the notion of self-determination by examining the differing dynamics of concepts of external and internal self-determination before a short discussion on pluralism and the relationship between tino rangatiratanga and self-determination. In conclusion some thoughts are offered on a potential form of self-determination that could be consistent with the exercise of tino rangatiratanga.
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In 1840, English officials on behalf of the British crown signed the Treaty of Waitangi—also known as Te Tiriti o Waitangi—with the Indigenous Māori population, affirming Māori sovereignty and guaranteeing their collective rights to the country’s land and resources. Since the 1700s, English settlers had been arriving in Aotearoa (the Māori name for New Zealand) to capitalize on the seal and whale trade. As the number of settlers increased, reports flowed back to Britain of general lawlessness and dubious private land deals, and the crown was forced to consider how best to control its citizens. A treaty with the Māori, officials decided, was the way to do so. The agreement, which established the basis for the relationship between the Māori and the British, is commonly cited as a shining example of how a treaty can recognize and protect Indigenous peoples’ rights by curtailing the reach of the state. But does te Tiriti live up to its sterling reputation? The answer, of course, is complicated.
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Arguments for constitutional reform to recognise Rangatiratanga and Tikanga Maori.
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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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This report sets out the findings and recommendations from research into Māori governance and its potential to effect change in persistent inequalities that affect Māori. Māori governance is a form of Indigenous governance to be found in Aotearoa New Zealand that gives collective voice and agency to tribal and nontribal aspirations and imperatives at local, regional, national and international levels. Māori governance is, however, constrained by state and nonstate actors, and must adapt accordingly to achieve its development goals. In this research, we use kaupapa Māori theory, which emphasises ‘by Māori for Māori’ research processes that are transformative, grounded in mātauranga Māori, tikanga Māori, and te reo Māori. This research asks: what is the potential for new governance structures to intervene in persisting social, cultural, political and economic inequalities that disproportionately accrue to Māori? Three sub-elements were explored: (1) governance structure, form, function; (2) governance and developmental imperatives; and (3) governance and aspirations. We reviewed the Indigenous and Māori governance literature and conducted case study research of Māori governance from three perspectives: community outcomes at a marae level in a Ngāti Kahungunu, health outcomes at a provider level in the Mataatua district, and Māori economic outcomes in the Manawatū. At the community level, we found that Māori engage in governance using Māori values, Māori knowledge and relationships, in both Māori and non-Māori governance structures to achieve Māori aspirations. Māori governance roles within hapū and iwi need to be more broadly accessible to allow different voices and capabilities to emerge. At a health provider level, we found that health system governance, while inclusive of attempts at partnership arrangements, have not been effective at displacing structural inequities, with particular criticism of the uneven effects of the devolution policy in health for Māori. Covid-19 responses demonstrated that bureaucratic control of Māori governance arrangements could be relaxed with positive effects. In terms of the economic perspective, we found that national policy sees self-determined Māori economic development as effecting change in Māori socioeconomic outcomes. However, Māori representation in the governance of economic development is low, and regionally, Māori economic development is constrained by resource limitations despite the advent of treaty settlements. A focus on collaboration across iwi, capability and intent of Māori business networks, and an equitable share of economic resources will assist.
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The vast array of activities that tribal organisations in Aotearoa/New Zealand are responsible for illustrates the importance of high-quality information to support their decision-making. Tribal information needs encompass a broad range of domains, types of information and processes for management. This chapter examines the growingiwi(tribal) interest in data and their uses in the context of oneiwi, Te Whakatōhea, to explore howiwiare beginning to conceptualise their rights and interests over data in Aotearoa/New Zealand. It is focused on the Whakatōhea Māori Trust Board and how it is collecting and becoming the steward for a range of
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This research, entitled te ao pakihi—the business world—set out to identify Māori enterprise perspectives on the New Zealand-United Kingdom free trade agreement (NZ-UK FTA) being negotiated by Ministry of Foreign Affairs and Trade (MFAT) officials and their UK counterparts. In their desire to uphold the Crown’s obligations to Māori under the Treaty of Waitangi, to invoke some of the goals of the Trade for All agenda, and to meet commitments to Māori in trade policy following tribunal claims and the formation of the Te Taumata, MFAT wanted to be informed about Māori interests so that these could be reflected in the negotiations in real time. MFAT commissioned this independent research into Māori enterprise perspectives in March 2021. The research was conducted between April and June 2021 and involved interviews with 50 Māori enterprises with varying degrees of exporting activity, and entity types and scales, including Māori small and medium enterprise (SMEs), Māori post-settlement governance entities (PSGEs), Māori corporates, and Māori providers, among others. Participants were identified and recruited through networks of the research team. Two forms of analysis and reporting were provided: first, a series of six batch reports each summarising the findings of five interviews, with a total of 30 interviewees—the goal was to provide insights as the information came to hand so negotiators could incorporate Māori perspectives during negotiation rounds—and second, a final report with findings from another 24 interviewees, including three from the sixth batch report. We found that that Māori enterprises see trade as more than an economic opportunity: they see the FTA as embodying a Treaty relationship that has significance because it is one with the original Treaty partner—the British Monarch. This relationship provides much cause for optimism among Māori about the potential for trade; however, it also provides cause for caution among Māori enterprises because of historical trauma, and concerns about the dangers of misappropriating and misuse of Māori cultural and intellectual property, and risks to Treaty and other rights. This can be addressed, according to participants, by ensuring Māori are represented at the (negotiating) table, Māori are involved in the implementation, operation, and evaluation of the NZ-UK FTA, and Māori enterprises are supported to build their capability to trade with the UK in a way that respects their identity as Māori enterprises and in accordance with a Māori way of doing business.
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Situated 65 kilometres south-east of Hamilton, Putāruru (population 3747 in the 2013 Census) is typical of the many farming service towns scattered across rural Aotearoa New Zealand. Bakeries, op shops, a sports bar and a farm equipment supplier occupy the main street. Unlike nearby Tirau, which transformed from a one-stop shop into a vibrant boutique village in the late 1990s, Putāruru township remains largely indistinguishable from other rural centres. There are few clues to the substantial farming-based and water-generated wealth that lies beyond the town.
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In the heart of the North Island of New Zealand lies a mountainous terrain called Te Urewera, the spiritual homeland of the Tϋhoe people. Hidden away in the southern portion of Te Urewera is Waikaremoana, a lake and a land with a history and tradition that are as fascinating as they are controversial. Waikaremoana is the 'tūrangawaewae' of the Ngāti Ruapani section of Tūhoe, and it is they and their lands that are the key focus of this M.A thesis. This thesis deals essentially with the concept of land ownership or mana whenua. It analyses the relationship between customary and colonial concepts of mana whenua in the Waikaremoana district, and examines the conflicting nature of these two different cultural concepts of the land and its history. In many ways this dissertation is unique, as it is a tribal history written by tangata whenua for tangata whenua. It allows today's tangata whenua to see their history through their predecessor's eyes and reawakens the past struggles of their ancestors. It gives tangata whenua a sense of dignity and pride in their heritage and traditions that give them their identity. 'Ko te uri o Tūhoe, moumou kai, moumou tāonga, moumou tangata ki te pō!'
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"This book describes the iwi of Ngāti Kahu through the traditions and histories of each of the sixteen hapū, told by kuia and kaumātua and kept alive for future generations. These include histories of poverty, deprivation and marginalisation at the hands of the Crown, and loss of lands of the iwi. The book examines the range of techniques used by the Crown to justify its actions and the way these laid the groundwork for continuing injustices. The remedies needed to redress these injustices and achieve reconciliation of Ngāti Kahu and the Crown are set out. These include constitutional change to achieve the restoration of political, social and economic well-being to Ngāti Kahu, Crown relinquishment of all Ngāti Kahu lands to their rightful owners and payment of sufficient compensation to ensure no further Treaty of Waitangi claims. This history of Ngāti Kahu details the range of Crown actions against Ngāti Kahu to the current day, the effects of these actions on the people of Ngāti Kahu and the concerted and continuing efforts by Ngāti Kahu for remedies and reconciliation with the Crown"--Publisher information.
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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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