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Māori customary rights to natural resources are a contentious issue between Māori and the New Zealand government and between Maori and non-Māori. The values and principles inherent in a treaty signed in 1840 between Māori and the British Crown have been undermined by the government’s refusal to allow Māori the right to go to the courts to determine proprietary rights to the foreshore, seabed and fresh water. Discriminatory Crown actions highlight the argument that when an injustice occurs then reparations should be made. The United Nations has chided the New Zealand government for its discriminatory behaviour and failure to provide guaranteed redress but it has had little effect.
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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.
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Following the annexation of Aotearoa/New Zealand by the British in 1840, Māori, as the Indigenous people of that country, experienced loss of sovereignty through the imposition of and application of new and transformative policies, including the law and unfamiliar legal and social codes. This paper considers the state and the influential legacy of an imposed, Settler-state social welfare and criminal justice system on Māori. An explicit, insider narrative will highlight how suppression, disconnection and abandonment, made manifest through particular and abusive state policies, has informed and constructed the life pathway of a member of a culturally and socially-submerged population, the Mongrel Mob gang.
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This article draws on the personal experiences and state documentation of Stan Coster (Ngāti Kahungungu) whose life has been characterised by different forms of state confinement, including over 25 years in prison serving both short and long lags. Through the use of the Official Information Act, Stan recovered state documentation on himself spanning over 40 years. Stan is not a research participant, but a full research collaborator and is engaged in all elements of this paper, so while not a writer he is both auteur and author of this piece. Stan’s story is his own and yet many of its features speak to a much broader collective experience. His prison identity and gang identity can be seen as being both informed and generated by state sponsored activity. By traversing the issues that pertain to the crisis of mass imprisonment, Māori disproportionality in the prison system, the contribution of the state to prison, and gang identity, we look at the possibilities of drawing on knowledge acquired under conditions of state constraint.
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Topic
- crown policy
- child welfare (1)
- civil Rights (1)
- colonisation (3)
- criminal justice system (1)
- crown violence (1)
- discrimination (1)
- environment (1)
- foster care (1)
- gangs (1)
- governance (1)
- identity (1)
- incarceration (4)
- intergenerational trauma (1)
- kāwanatanga (1)
- land loss (1)
- land rights (1)
- māori rights (1)
- marginalisation (1)
- prison (2)
- racism (2)
- social welfare (1)
- systematic racism (1)
- tino rangatiratanga (1)
- tiriti o waitangi/treaty of waitangi (1)
- wāhine māori (1)
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- Journal Article (6)