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"In this era of indigenous peoples' rights recognition, states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. This fact was brought into sharp focus in New Zealand by the Court of Appeal decision of Ngati Apa." "This collection of essays does not aim to be an exhaustive treatment of the legal issues raised by Ngati Apa and the Foreshore and Seabed Act 2004 (the FSA). It does, however, address many of the most salient."--BOOK JACKET.

In 2010 Indigenous peoples' rights continued to feature in discussions in a variety of international fora. Indigenous peoples' traditional knowledge (TK) associated with genetic resources (GR) were discussed under the Convention on Biological Diversity (CBD); under the auspices of the World Intellectual Property Office (WIPO) and within the World Trade Office (WTO). The United Nations (UN) General Assembly's Declaration on the Rights of Indigenous Peoples (Indigenous Peoples' Declaration) featured in debate under the UN Framework Convention on Climate Change (UNFCCC); the UN General Assembly's Third Committee; the work of the UN mechanisms with a specific mandate concerning Indigenous peoples; and, in a landmark ruling of the African Commission on Human and People's Rights (African Commission), was adopted by the African Union. International human rights monitoring bodies also advanced their jurisprudence on the rights of Indigenous peoples.

In this paper I argue that Maori should cite and rely on the Declaration on the Rights of Indigenous Peoples in their legal and political claims as this process can lead to the internalisation of these norms even when states reject them. The paper draws heavily on the case study of the use of the Declaration in a Waitangi Tribunal claim relating to Maori self-determination.

This thesis explores the contemporary political rationality and government mechanisms that develop and impact upon educational policy for Maori. In engaging in a critique of political ideology and operational exposition, this thesis examines and discloses the mechanisms and rationalities of government in New Zealand through state policy theory, gender, race and ethnic writings, critical theory and theories of difference. Of significance to this work is the incorporation of Kaupapa Maori theory, which provides a traditional and contemporary insight into Maori views and praxis of emancipation. In realising the central interest and concern of Maori for real and effective intervention to address the crisis of schooling for Maori, analysis in this thesis examines the historical nature of Maori educational policy and critiques the contemporary educational political frameworks of the New Zealand Labour government. Furthermore, this research also examines government official’s perspectives in discussing the primary contemporary political mechanisms and rationalities that operate in controlling and developing educational policy for Maori. It is argued, that although these contemporary policy frameworks, rationalities and mechanisms may appear to be vastly different from historical colonisation and assimilation practices, they are informed by the same underlying structures and are intersected by similar tendencies and movements. In disclosing the perpetuating ethos of state Pakeha dominant interests and the absence of structural and cultural reform from within political educational policy development for Maori, this thesis argues that state initiatives in the new millennium, under the guise of transformation, commitment and hope still remain ineffective and oppressive for Maori.

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>

Aotearoa/New Zealand is not known for egregious breaches of indigenous peoples’ rights. Nonetheless, New Zealand’s legal system is ineffective at implementing international and domestic laws that protect the rights of Maori. This has been seen most starkly in the Foreshore and Seabed Act of 2004, which had the effect of extinguishing Maori aboriginal title to the foreshore and seabed areas and was passed despite almost universal Maori opposition.

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.

Arguments for constitutional reform to recognise Rangatiratanga and Tikanga Maori.

Willingness of New Zealand courts to enforce legal rights where a political mechanism to address Maori rights exists - land rights - human rights - political rights - principles of the Treaty of Waitangi - takanga.

Communities of colour are racialised and oppressed differentially by settler colonial states (Saranillio, 2013), yet the discourse of diversity and inclusion that dominates state interactions with communities of colour tends to conflate marginalised groups as equivalent and interchangeable to the detriment of intergroup relations. An approach to community building that recognises racial difference in general and the irreducibility of indigeneity in particular is needed if racialised communities are to create solidarities for transformative change. We engage Indigenous and settler colonial theories to address these imperatives, while noting the distinct character of these frameworks. In particular, we seek to highlight the specificity of indigeneity in settler colonial contexts, such as Aotearoa New Zealand, and to generate a model for relationship building that is not founded on settler colonial ideologies, by drawing on Indigenous concepts. Through thematic analysis of interviews with Māori community leaders, we explore Māori-–tauiwi (settler) of colour (ToC) relations. The results of our qualitative analysis provide evidence for Māori–ToC relations that are consistent with whanaungatanga (good relationships characterised as family-like, based on similar experiences, and bound in conditional solidarity; see Benton, Frame, and Meredith, 2013). Furthermore, we identify the following four aspects of whakawhanaungatanga (relationship building): positioning, power sharing, dialogue and cultural practice. Thus, we suggest whakawhanaungatanga as a Māori approach to relationship building with the potential to generate Indigenous–settler of colour solidarities towards transformative change.

This paper defends the legitimacy-positive impact of a "contextual-participation approach" to indigenous peoples' participation in international law-making. It argues that indigenous peoples' participation should be substantial where the issue being negotiated at the international level is of considerable interest to indigenous peoples and indigenous peoples have not consented to state representation. The "contextual-participation approach" to indigenous peoples' participation realises the justice in indigenous peoples' claims to remedial efforts to recognise their, mostly lost and historical, sovereignty, and to contemporary and evolving legal, and largely democratic, understandings of self-determination, as expressed, for example, in the UN Declaration on the Rights of Indigenous Peoples. At the same time, it balances indigenous peoples' self-determination entitlements to full participation in international law making, as unjustifiably excluded sovereigns, with contemporary political realities.

Numerous researchers have posited links between ethnic identity and psychological wellbeing (Phinney, 1992; Martinez & Dukes, 1997; Roberts, Phinney, Masse, Chen, Robers, & Romero, 1999; Houkamau & Sibley, 2011), and Māori cultural interventions have been suggested as a means of promoting a range of positive outcomes (e.g. M. Durie, 1998; Durie, 2003b; Lawson-Te Aho, 1998). However, longitudinal evidence of causal pathways between Māori ethnic identity and psychological wellbeing remains scarce, and evidence of the positive impacts of cultural interventions is not well documented. The present thesis investigates Māori identity development in the context of State secondary schools, and explores the relationships between Māori cultural engagement, Māori identity, and psychological wellbeing. A methodology that incorporates both mātauranga Māori (Māori knowledge) and Western scientific knowledge bases and research methods was applied. Interviews were held with Māori students and their whānau (families) at a State secondary school where a community-driven initiative to improve Māori student outcomes took place. Thematic analysis was used to generate Te Korowai Aroha Framework, outlining how Māori cultural initiatives can enable schools to fulfil their duty of care and meet Māori community needs by affirming individuals‟ cultural identity and agency, by building relationships based on mutual respect, and by working collaboratively within the school and with external services providers. Thematic analysis of these interviews was also conducted to generate The Pōwhiri Identity Negotiation Framework. The pōwhiri (formal welcome), in which Māori creation narratives are ritually re-enacted, is used as a metaphor for Māori identity negotiation. The stages of creation Te Kore, Te Pō, Te Whaiao, and Te Ao Marama are used to describe, respectively: those who were yet to display interest in Māori cultural identities; those who were interested in developing their Māori identities; those who were actively exploring their Māori identities; and those who felt secure in their Māori identities. Quantitative longitudinal survey data from over 300 Māori adolescents in the Youth Connectedness Project was then analysed. Structural Equation Modelling revealed that Māori cultural engagement positively predicted Māori ethnic identity, and that Māori ethnic identity positively predicted psychological wellbeing, in support of hypotheses. In addition, Hierarchical Linear Modelling revealed that the higher a school‟s level of Māori cultural promotion, the higher the ethnic identity of its students was likely to be. The results of this thesis demonstrate the impact of school cultural environments on individual identity development, and provide evidence that cultural engagement initiatives can enhance Māori identities, which in turn can increase psychological wellbeing. The results from the studies presented in this thesis are incorporated into Te Pītau o te Tuakiri framework, outlining how Māori identities can be nurtured, and the results are also used to offer guidelines for individuals wishing to become more engaged in Māori culture, and institutions wishing to become more responsive to Māori communities. These findings are used to challenge educators and policy makers to ensure schools and other State institutions support Māori cultural expression and affirm Māori identities.

"Provides an historical, comparative and contextual analysis of various legal and policy issues affecting indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments"--Back cover.