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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 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.
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Arguments for constitutional reform to recognise Rangatiratanga and Tikanga Maori.
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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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‘There is a need for a mindset shift away from the pervasive assumption that the Crown is Pākehā, English-speaking, and distinct from Māori’, wrote the permanent commission of inquiry investigating breaches of New Zealand’s founding document, the Treaty of Waitangi. ‘Increasingly, in the twenty-first century, the Crown is also Māori.’ This paper argues that ‘the Crown in right of New Zealand’ is in need of redefining. In the 19th and parts of the 20th century Māori leaders and institutions were often understood as separate from the Crown. But that understanding is shifting, and this paper argues the shift is leading to a new understanding of the Crown in right of New Zealand.
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Topic
- crown
- autonomy (1)
- colonisation (2)
- colonisation myths (1)
- constitution (1)
- constitutional transformation (2)
- crown policy (2)
- ethnic identity (1)
- government (1)
- indigenous rights (2)
- international law (3)
- kāwanatanga (2)
- kīngitanga (1)
- labour party (1)
- land loss (1)
- land theft (1)
- law (1)
- mana motuhake (1)
- māori rights (1)
- oral history (1)
- political power (1)
- rangatiratanga (2)
- self-determination (2)
- sovereignty (1)
- tikanga | indigenous law (1)
- tino rangatiratanga (3)
- tiriti o waitangi/treaty of waitangi (2)
- treaty breaches (1)
- treaty settlements (2)
- UNDRIP (4)
- waitangi tribunal (2)
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