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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.

"Weeping Waters is a must read for anyone who wants to be informed about the current debate regarding the Treaty of Waitangi and a constitution for Aotearoa New Zealand. The book features essays from eighteen well-known and respected Maori figures including Professor Margaret Mutu, Bishop Muru Walters, Judge Caren Fox and lawyer Moana Jackson. This is the first book in recent years to offer a Maori opinion on the subject of constitutional change. It shows how Maori views have been ignored by successive governments and the courts and how Maori have attempted to address constitutional issues in the past. The book also provides suggestions for a pathway forward if the Treaty of Waitangi is to be fully acknowledged as the foundation for a constitution for Aotearoa New Zealand."--Publisher.

In recent years Maori people have adopted many strategies to protect and advance the well being and visions implicit in the exercise of tino rangatiratanga. Much of that work has been done at home, but an increasing number of Iwi and other Maori organisations are now participating in international affairs that are seen to have some relevance to our lives. They are joining a worldwide movement by Indigenous Peoples to reassert their rights and reclaim their rightful place.

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.

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.

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.

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.

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 report was written in response to the new freshwater reforms and VMO research objectives. The initial research question to be answered was: What is the role of cultural monitoring to inform the collaborative process? This research question was broadened to “provide Māori values and perspectives that inform collaborative processes and planning for freshwater management”, and includes a section on the role of cultural monitoring in collaborative processes. Key objectives were: • Document the Māori historical and legislative context for the collaborative process, including the role of the Treaty of Waitangi • Collate case study information from around New Zealand, on co-governance, co-management and co-planning and define these terms • Provide a range of useful tools to support successful collaboration by Māori and councils in collaborative freshwater management • Identify future challenges.