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Arguments for constitutional reform to recognise Rangatiratanga and Tikanga Maori.
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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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"There is perhaps no issue in New Zealand today more contentious than water rights. The Crown claims that no one owns water, but its use, irrigation and treatment are controlled by local governments empowered by the Crown. Since the 1990s resource consents for the taking of water, in Canterbury and Southland especially, have increased dramatically and the environmental situation is reaching a breaking point. After years of discussion some kind of system regarding the ownership of water is inevitable. In Water Rights for Ngāi Tahu, Te Maire Tau considers the historical and political framework that has contributed to the current state of water rights in the Ngāi Tahu takiwā. He explores the customary, legal and Treaty frameworks that feed into the debate regarding the ownership of water. From 1844 to 1864 the Crown purchased more than 34.5 million acres of land from Ngāi Tahu, but in most purchase deeds water is not mentioned. How does this play into claims to water? Should the Treaty be relied upon? How far can kaitiakitanga take us if the goal is mana motuhake and tino rangatiratanga? In this short book Te Maire Tau lays out the historical background and context to water rights, and opens a discussion about where to proceed next in determining a Ngāi Tahu position on water."--Back cover.
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This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitangi Tribunal, the commission of inquiry set up to investigate those breaches, is considered, as is the Crown’s reaction to the 1987 Lands case in developing its treaty claims settlement policy. The Crown unilaterally imposed the policy despite vehement opposition from Māori. Since 1992, it has legislated more than seventy ‘settlements’. The research shows that overall, the process has traumatised claimants, divided their communities, and returned on average less than one percent of their stolen lands. Proposals for constitutional transformation have drawn widespread support from Māori as a solution to British colonisation. United Nations treaty-monitoring bodies have recommended that the government discuss this with Māori
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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.
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Topic
- law
- autonomy (1)
- colonisation (1)
- constitution (1)
- constitutional transformation (2)
- crown (1)
- crown law (1)
- crown policy (2)
- government relations (1)
- human rights (2)
- indigenous rights (1)
- international law (2)
- international relations (1)
- iwi taketake (1)
- justice (1)
- kāi tahu (1)
- legislation (1)
- natural resources (1)
- not sure if maori (1)
- participation (1)
- policy making (1)
- political activity (1)
- political participation (1)
- representation (1)
- resource management act 1991 (1)
- right wing politics (1)
- rights (1)
- self-determination (3)
- sovereignty (1)
- tikanga | indigenous law (2)
- tino rangatiratanga (1)
- tiriti o waitangi/treaty of waitangi (3)
- treaty claims (2)
- treaty settlements (1)
- ture putaiao (1)
- UNDRIP (1)
- united nations (1)
- waitangi tribunal (1)
- water rights (1)
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