Results | TMR Bibliography

Kingi, P. (1989). Indigenous Rights. In The Treaty is always speaking: Te reo o te tiriti mai rano. Tertiary Christian Studies Programme of the Combined Chaplaincies, Victoria University.

Cant, G., Goodall, A., Inns, J., University of Canterbury Dept of Geography, & World Congress of Rural Sociology. (2005). Discourses and silences: indigenous peoples, risks and resistance. Dept. of Geography, University of Canterbury.

Charters, C. (2015). Maori rights: legal or political? Public Law Review (North Ryde, N.S.W.), 26(4), 231–236.

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.

Charters, C. (2010). A Self-Determination Approach to Justifying Indigenous Peoples’ Participation in International Law and Policy Making. International Journal on Minority and Group Rights, 17(2), 215–240. https://doi.org/10.1163/157181110X495872

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.

Charters, C., & Erueti, A. (2005). Report from the inside: the CERD Committee’s review of the Foreshore and Seabed Act 2004. Law Review (Wellington), 36(2), 257–290. https://doi.org/10.26686/vuwlr.v36i2.5597

Describes, from the perspective of the advocates for Maori claimants, the substance of submissions to and process followed by the United Nations committee on the Elimination of Racial Discrimination (CERD) in determining that the Foreshore and Seabed Act 2004 discriminates against Maori. Source: National Library of New Zealand Te Puna Matauranga o Aotearoa, licensed by the Department of Internal Affairs for re-use under the Creative Commons Attribution 3.0 New Zealand Licence.

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Erueti, A. (2017). International indigenous rights in Aotearoa New Zealand. Victoria University Press.

Over the past four decades, international indigenous rights have become a prominent aspect of international law and are now enshrined in the UN Declaration on the Rights of Indigenous Peoples. Yet, while endorsed by Aotearoa New Zealand in 2010, little remains known about how these standards came about, how the international movement that created them was established, and the implications of these standards on national reforms already protecting Māori rights. International Indigenous Rights in Aotearoa New Zealand seeks to answer these questions. This collection of essays places the Declaration in the context of New Zealand rights around such issues as Treaty settlements, mining policy and the status of Māori children. Crucially, it also asks how Māori can hold New Zealand to account against international indigenous rights.

Bargh, M. (2012). Rights and Sovereignty of Indigenous Peoples: Implications for Foreign Policy. In J. Headley, A. Reitzig, & J. Burton (Eds.), Public Participation in Foreign Policy (pp. 173–188). Palgrave Macmillan UK. https://doi.org/10.1057/9780230367180_8

The predominant forms of foreign policy discussed these days are underpinned by an assumption of Crown sovereignty in Aotearoa New Zealand. However, the first diplomatic relations and foreign policy in this country were conducted by hapū and iwi Māori.1 Prior to the 1800s, Māori had a long history of interaction in the Pacific and with other nations. Such interactions were governed by specific legal and political practices and institutions. A number of the concepts upon which these practices and institutions were based included whakapapa (genealogy), utu (balance), mana (respect) and koha (reciprocity).2

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