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This research focuses on the period 1830 to 1992 and is a descriptive account as well as an analysis of Ngati Piritai interaction with Pakeha over that time. This thesis details a history of struggle for control over the legitimacy and validity of the Ngati Piritai cultural imperative within a social context characterised by dominant Pakeha and subordinate Maori relations. It draws upon a range of sources and brings together the experiences of an historical sampling of Ngati Piritai whanau members covering a six generation framework of Maori - Pakeha interactions. An examination of Pakeha efforts to establish hegemonies of colonisation over Maori through educational indices is made using the critical frameworks of educational theorists such as Giroux, Bernstein, Bourdieu, Gibson, Apple, Marcuse, Shuker, and Dale. Conversely Maori efforts to maintain their cultural identity and their culture, 'per se', through counter hegemonic processes such as the control over educational frameworks are also examined. For example the control over knowledge and how such control relates to enhancing social mobility, attaining outcomes of social justice, and delivering more equitable educational outcomes are also explored. A major argument is that Maori - Pakeha inter-relations can be more clearly understood through a critical appreciation of the fundamental opposition; a Pakeha imperative for cultural dominance: assimilation on the one hand, and a Maori imperative for cultural recognition: survival, on the other. Of significance are the ways in which the dialectic between these fundamental oppositions are mediated and transformed by Ngati Piritai as they live out their lives in a societal context of contested power relations.
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"In this era of indigenous peoples' rights recognition, states around the globe are faced with reconciling the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. This fact was brought into sharp focus in New Zealand by the Court of Appeal decision of Ngati Apa." "This collection of essays does not aim to be an exhaustive treatment of the legal issues raised by Ngati Apa and the Foreshore and Seabed Act 2004 (the FSA). It does, however, address many of the most salient."--BOOK JACKET.
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"Provides an historical, comparative and contextual analysis of various legal and policy issues affecting indigenous peoples. It focuses on the common law jurisdictions of Australia, Canada, New Zealand and the United States, as well as relevant international law developments"--Back cover.
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The UN declaration on the Rights of Indigenous Peoples is a deeply significant document. In 2007, then UN Secretary-General Ban Ki-moon described its signing as an "historic moment when UN Member States and indigenous peoples reconciled with their painful histories and resolved to move forward together on the path of human rights, justice and development for all". This book reflects on the tenth anniversary of the UN General Assembly's adoption of the Declaration and examines its relevance in New Zealand. It shows the strong alignment between the Treaty of Waitangi and the Declaration, and examines how the Declaration assists the interpretation and application of Treaty principles of partnership, protection and participation. Starting from a range of viewpoints and disciplines, the authors agree that in Aotearoa New Zealand the journey to full implementation is now well underway, but warn that greater political leadership, willpower, resources and a stronger government commitment is needed.
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