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The English Laws Act, passed in 1858, declared the Laws of England applicable in New Zealand and cemented the hitherto alien ideology of land as property. Part of this ideology was the separation of tangata from whenua along with the separation of ownership of land from ownership of water. Māori, as tangata whenua – people of the land, made no such distinctions. Ownership affects how people ‘manage’ whenua (land), make decisions and account to the legal system. Under English law, financial considerations are at the forefront. In contrast, Māori kaitiakitanga values are concerned with the interests of land, understanding that the best interests of people will follow. Despite stark contrasts between the ideology of land as property and the ethics of kaitiakitanga – obligation, sustainability and nurture – Māori engage with mainstream agencies and lead by example in efforts to promote the wellbeing of people and environments in a unified approach. This paper outlines competing paradigms, changing relationships and challenges faced by communities who seek to nurture and respect whenua in the face of colonization. Interview data from Māori involved in community land-based initiatives illustrates past and present struggles and what some possibilities might be for the future.
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"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.
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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.
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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.
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- crown law
- autonomy (1)
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- tikanga | indigenous law (1)
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