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Summary: "The third in a series committed to discussions of Te Tiriti o Waitangi/Treaty of Waitangi issues. These essays from leading scholars and researchers take a dynamic approach to understanding Tiriti/Treaty relationships, acknowledging the ever-evolving interplay between the Crown and Māori through time. The book addresses pressing issues like Treaty principles, sovereignty, the UN Declaration on the Rights of Indigenous Peoples, and manawhenua relationships to Te Tiriti and settlements. It emphasises the roles of tikanga and rangatiratanga in fostering genuine progress, and envisions a future guided by these principles in advancing Māori-Crown relationships"--Publisher's website.
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This chapter outlines juris-significant, but unorthodox, ways in which international and domestic law, policy and practice influence each other with respect to Indigenous Peoples’ norms. In the authors’ view, such an approach paints a more comprehensive and accurate picture of the legal dialogue that occurs than orthodox and positivistic legal accounts. The approach also illustrates unique and potentially powerful ways that Indigenous Peoples and other non-state actors can better realise Indigenous Peoples’ rights in their territories. The chapter begins by briefly introducing international legal norms relevant to Indigenous Peoples before contrasting formal understandings of the law with new accounts of the influence of legal norms. The final, and primary, section seeks to capture the relationship between international law and domestic state law and policy. It focuses upon international law’s relationship with the courts, legislature and the executive in Aotearoa (New Zealand), although the broader existence of this intersect is signalled.
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Worldwide, large amounts of administrative data are collected within official statistics systems on Indigenous Peoples. These data are primarily used for government and state policy purposes as opposed to by Indigenous Peoples to support Indigenous agendas (Taylor & Kukutai, 2017). In Aotearoa me Te Waipounamu New Zealand, Māori need high quality data to develop evidence-based policies and programs and to monitor government policies that impact on Māori. In this methodological paper, we describe uses of administrative data for Māori and current barriers to its use. We outline the development of a novel administrative data infrastructure and future longitudinal study. By explicating our Indigenous initiated, designed and controlled data project, we make a methodological contribution to Indigenous Data Sovereignty and Kaupapa Māori (Māori worldview) epidemiology.
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Obesity among M?ori is of growing concern in New Zealand with rates for M?ori being one-and-a-half times that of the total population. The New Zealand government's Healthy Eating?Healthy Action: Oranga Kai?Oranga Pumau (HEHA) Strategy has, in the past seven years, been a significant policy mechanism through which the health sector has been able to address the increasing prevalence of obesity and associated chronic diseases.
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General Note: Includes note, references
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In Canada and New Zealand, policies support Indigenous participation in the planning and delivery of community-based primary health services. However, these services represent only a fraction of the health services accessed by Indigenous peoples. In New Zealand, legislation enacted in 2000 introduced mechanisms to ensure that Māori have a voice in the decisions made by health boards. In Canada, neither policies nor legislation currently ensure that Aboriginal communities are represented in provincial health systems or regional health boards. The New Zealand experience shows that adding mechanisms of participation to legislation and policies creates opportunities for Māori and health boards to engage in discussions about how to best allocate resources to reduce disparities between Māori and non-Māori health outcomes. In Canada, this dialogue may not occur. Requiring that such mechanisms be created in all Canadian jurisdictions would establish meeting places for dialogue, and assist in closing policy and access gaps that remain.
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Whanau Ora, a social policy initiative designed to build the capacity and capability of Maori families, has been variously described as: a 'revolutionary public-sector initiative', an 'Indigenous policy success story' and as having the transformative power to improve health and social outcomes for Maori. Since its launch in April 2010, Whanau Ora has positively impacted the lives of many of our nation's most vulnerable Maori families. Through a kaupapa Maori lens, this article provides a brief overview of the initiative, the key goals of Whanau Ora and the mechanisms by which these goals were to be attained. It is argued that it reflects a 'paradigm shift' by fundamentally reorienting government thinking about how to improve Maori outcomes through policy. The article examines the success of Whanau Ora by highlighting a number of innovative aspects the National-led government introduced which contributed towards the success of the initiative through the period 2008-2017, as well as areas of tension. The article then turns to explore the likelihood of the Whanau Ora initiative continuing in the future, building on its early success embedding its innovative, empowering and sustainable social policy approach to working with Maori whanau, hapu, Iwi and communities.
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Many studies have documented the effect that colonisation has had on takatāpui, that is, Māori (the Indigenous peoples of New Zealand) with diverse gender identities, sex characteristics and sexualities. In this paper, we explore whether current Aotearoa New Zealand (hereafter Aotearoa) mental health policies meet the needs of takatāpui. We identified five mental health policy needs, informed by the literature. We then explored policy documents from government ministries, district health boards and non-government organisations to see the extent to which policy met these needs. Four themes were present in the literature analysed: an overall lack of acknowledgment of takatāpui and intersectionality; promising engagement with the needs of takatāpui by NGOs; symbolic commitment to Te Tiriti o Waitangi; and some limited engagement with Māori health models. The findings show promise in some areas but demonstrate a lack of engagement by policy to meet the needs of takatāpui.
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Social and political change is occurring in Aotearoa New Zealand and tikanga, matauranga, te reo Maori (the Maori language) and Te Tiriti o Waitangi (Treaty of Waitangi) are increasingly being recognised in diverse political and legal contexts. This article explores whether the political science discipline in Aotearoa New Zealand is keeping pace with these political changes, whether research and course content is adequately reflecting these new realities, and if students are appropriately equipped to participate. In particular, we examine the state of university politics programs and outline the form and quantity of Maori politics in the teaching and research of these programs. From the assessment of the current state of politics programs, we make some observations about what changes may be required to ensure politics programs, their students and academics are fully equipped to work in the unique political and legal landscape of Aotearoa New Zealand. From the collection of this data, we have found that approximately 1% of political science lecturers are Maori, 1% of content taught can be classified as Maori politics and approximately 1% of publications in the New Zealand Political Science journal can be classified as kaupapa Maori politics. This 1-1-1 crisis provides a bleak picture of the existing arrangements in politics programs in Aotearoa New Zealand and must change
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Aotearoa (New Zealand) is undertaking reforms in natural resource management, and there are promising signals that Indigenous perspectives will be included alongside science for decision-making. Any resource management system is underpinned by worldviews, from which values stem and then risk and uncertainty derive. Māori (the Indigenous peoples of New Zealand) and Eurocentric notions of risk and uncertainty are fundamentally different because knowledge holders have different worldviews. Eurocentric concepts of risk and uncertainty continue to frame policy, making it challenging for Māori knowledge to shape policy that is relevant for decision-making in Aotearoa. We explore Māori perspectives of risk and uncertainty and literature, identifying common attributes across natural resource management frameworks, and identify issues of risk and uncertainty from the perspective of Māori experts. We conclude that a Māori approach to enhancing natural resources is more aligned to current environmental policy compared with standard approaches for risk assessment and reducing uncertainty.
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When analysing Indigenous public policy, crisis is best seen as the moral crisis of an enduring idea rather than the crisis of sporadic and unconnected instances of policy failure. In Australia and New Zealand, states use manufactured crises of Indigenous personal deficiencies to justify colonial authority. A justification which may be countered by positioning colonialism itself as the point of crisis. From this perspective, the crisis in Indigenous public policy is not resolved by the state becoming better at policy-making or more attentive to the egalitarian distribution of public resources. Instead, it is in the non-colonial possibilities of Indigenous self-determination that paths beyond crisis may lie. In practical terms, by ensuring spaces of independent Indigenous authority alongside spaces of distinctive culturally framed participation in the public life of the state. The potential for such arrangements in Australia is discussed with reference to a proposed First Nations’ Voice to Parliament and possible treaties between First Nations and the state. For New Zealand, their potential is discussed with reference to te Tiriti o Waitangi’s affirmation of independent Māori authority (rangatiratanga) and substantive state citizenship.
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Discussion on the special theme for the year: “The Doctrine of Discovery: its enduring impact on indigenous peoples and the right to redress for past conquests (articles 28 and 37 of the United Nations Declaration on the Rights of Indigenous Peoples)”.
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