Your search
Results 6 resources
-
Between 1991 and 1994, Minister in Charge of Treaty of Waitangi Negotiations Douglas Graham and the recently established Treaty of Waitangi Policy Unit developed a series of policy proposals that outlined an ambitious plan to settle Māori historical treaty claims. These papers were refined via extensive consultation and discussion with Cabinet Ministers and government officials: Māori as treaty partner were not consulted. In late 1994 the proposed policy was approved by Cabinet and published as Crown Proposals for the Settlement of Treaty of Waitangi Claims. Why did the Crown decide to settle Māori historical treaty claims in the early 1990s? What did it expect to gain from settling treaty claims? Why, after nearly a century and a half of relative complacency, and nearly two decades after the establishment of the Waitangi Tribunal to hear and make recommendations on Māori grievances, was the Crown suddenly prompted into action? And why would a right wing National government with little support from Māori voters and few current or previous Māori MPs launch a treaty claims settlement policy that would greatly antagonize its traditional voting base? These questions will be addressed via an examination of Cabinet papers, policy documents, legislation, deeds of settlement, published accounts and interviews with some of the key players. It will be argued that the treaty claims settlement policy was initiated as a consequence of New Zealand Māori Council v Attorney-General 1987, popularly known as the Lands case, and developed to achieve three specific outcomes: diversion of claimants away from the Waitangi Tribunal, containment of the financial risks posed by the Tribunal’s newly found binding and resumptive powers, and a progressive ‘winding back’ of Māori rights and Crown obligations embedded in legislation.
-
Drawing on the work of Matike Mai Aotearoa: The Independent Iwi Working Group on Constitutional Transformation (the Working Group), this article argues that there is an evolving New Zealand constitutionalism, one that offers a constitutional understanding grounded in the Māori constitutional system. The article opens with a descriptive analysis of the Māori constitutional system, explains the key features of New Zealand’s existing constitution and concludes with an argument that the existing constitution can evolve – and, through the political process, ought to evolve – according to the constitutional models that the Working Group recommends. This article deploys legal research methods, primarily doctrinal research and applied doctrinal research.1
-
In this article, I outline the existing legislative options available and rationale for M?ori representation in local government. I suggest that the arguments and rationale against M?ori representation have been exacerbated by a lack of clarity around local government?s duties and obligations stemming from the principles of the Treaty of Waitangi. In the second part of this article, I explore more recent arguments by M?ori for representation and involvement in local government decision-making on the basis of being mana whenua, which means to have territorial authority and power associated with the possession and occupation of tribal land. This argument foregrounds specific iwi (tribes) as holding territorial authority and therefore rights to representation and involvement in decision-making sourced in tikanga M?ori (M?ori law), over and above other M?ori who live in that area. I examine in detail the Rotorua District Council?s establishment of the Te Arawa Partnership Board in 2015 and argue that this Board and its first election results provide unique insights into the relationship between Te Arawa people living in and outside the district and has implications for broader conversations about the rights of M?ori living away from their tribal areas.
-
This article will aim to determine the form and place of te ao Māori in the New Zealand Parliament. The article will analyse the maiden speeches of 12 Māori Members of Parliament from across the political spectrum and from different Parliaments since the adoption of Mixed Member Proportional Electoral System in 1996, and will investigate their commitment to te ao Māori based on deductive and inductive discourse analysis. It seeks to determine the presence of Māori identity indicators, as well as to determine themes unique to the Māori political context. The election of the 51st New Zealand Parliament was noted as having the greatest representation of Māori of any parliament in New Zealand history. Of the 121 Members of Parliament, 26 identify as Māori or as having Māori heritage. However, while the number of Māori Members of Parliament has increased, this does not provide the full picture of Māori representation in Parliament. This article will ask ‘How do Māori Members of Parliament best represent te ao Māori in the New Zealand Parliament?’. The research considers how Māori Members of Parliament ‘represent’ Māori in the debating chamber in Parliament, specifically, to what extent these Members of Parliament represent te ao Māori. This research also asks whether substantive representation of te ao Māori varies across the electorate types, Māori, general and list seats. The research seeks to provide qualitative analysis of the presence of te ao Māori in Parliament and which Members of Parliament most often represent a Māori worldview. Both descriptive and substantive representation provide the means for a minority perspective to be present within a parliament.
-
In response to widespread water quality and quantity issues, the New Zealand Government has recently embarked on a number of comprehensive freshwater management reforms, developing a raft of national discussion and policy documents such as "Freshwater Reform 2013 and Beyond" and a National Policy Statement for freshwater management (NPS-FM 2014). Recent resource management reforms and amendments (RMA 2014), based on previous overarching resource management legislation (RMA 1991), set out a new approach and pathway to manage freshwater nationwide. Internationally, there is an increasing trend to engage with indigenous communities for research and collaboration, including indigenous groups as active participants in resource management decision making. What is driving this change toward more engagement and collaboration with indigenous communities is different for each country, and we document the progress and innovation made in this area in New Zealand. The indigenous rights of Māori in New Zealand are stated in the 1840 Treaty of Waitangi and in many forms of New Zealand's legislation. Local and central governments are eager to include local indigenous Māori groups (iwi/hapū) in freshwater management planning processes through meaningful engagement and collaboration. Key to the success of collaborative planning processes for Māori are enduring relationships between local government and Māori, along with adequate resourcing for all partners contributing to the collaborative process. A large number of shared governance and management models for natural resource management have emerged in New Zealand over the past 20 years, and some recent examples are reviewed. We provide some discussion to improve understanding and use of the terms used in these management models such as cogovernance, comanagement, and coplanning, and describe some of the more important frameworks and tools being developed with Māori groups (e.g., iwi/hapū), to strengthen Māori capacity in freshwater management and to support good collaborative process and planning.
Explore
Topic
- kāwanatanga
- co-governance (1)
- constitution (1)
- crown policy (1)
- environment (1)
- governance (1)
- government (1)
- hapū (1)
- iwi (2)
- local government (3)
- mana whenua (1)
- mātauranga māori (1)
- political participation (1)
- political perspective (1)
- racism (1)
- rangatiratanga (1)
- representation (1)
- resource management (1)
- te ao Māori (1)
- tikanga | indigenous law (3)
- tiriti o waitangi/treaty of waitangi (3)
- treaty obligations (1)
- treaty principles (1)
- treaty settlements (1)
- voting (1)
- waitangi tribunal (1)
- water management (2)
Resource type
- Conference Paper (1)
- Journal Article (5)