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In Aotearoa New Zealand the ways in which indigenous claims to lands and waters are addressed are often looked to as good, or even best, practice by indigenous peoples around the world. While things are far from perfect, in recent decades Maori have succeeded in changing perceptions about the Treaty of Waitangi as the foundation of the nation, and work steadily continues on settling outstanding Treaty claims. The resulting Treaty of Waitangi settlements are negotiated arrangements which aim to remove a sense of historical grievance and achieve significant rebuilding of the Maori economy. They are seen by some as dynamic and powerful steps towards economic independence, as a means of recognising special relationships to lands and waters, and a necessary prerequisite to improved relationships between the state and the indigenous Maori in the future. ¹ Critics see the settlements and the processes followed to reach them as too heavily weighted in the government's favour. ² They argue that the settlements do not sufficiently compensate for actual losses. They are said to pit Maori against Maori. Diverse claimant groups are effectively forced to negotiate within standardised and fixed parameters. For these and other reasons, the settlement agreements, policies and processes have been labelled as divisive and compromising self-determination. ³

In Aotearoa New Zealand the ways in which indigenous claims to lands and waters are addressed are often looked to as good, or even best, practice by indigenous peoples around the world. While things are far from perfect, in recent decades Maori have succeeded in changing perceptions about the Treaty of Waitangi as the foundation of the nation, and work steadily continues on settling outstanding Treaty claims. The resulting Treaty of Waitangi settlements are negotiated arrangements which aim to remove a sense of historical grievance and achieve significant rebuilding of the Maori economy. They are seen by some as dynamic and powerful steps towards economic independence, as a means of recognising special relationships to lands and waters, and a necessary prerequisite to improved relationships between the state and the indigenous Maori in the future. ¹ Critics see the settlements and the processes followed to reach them as too heavily weighted in the government's favour. ² They argue that the settlements do not sufficiently compensate for actual losses. They are said to pit Maori against Maori. Diverse claimant groups are effectively forced to negotiate within standardised and fixed parameters. For these and other reasons, the settlement agreements, policies and processes have been labelled as divisive and compromising self-determination. ³

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.

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.

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.

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.

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.

"Since colonisation, New Zealand has been mythologised as a 'land of milk and honey' - a promised land of natural abundance and endless opportunity. In the twenty-first century, the country has become literally a land of milk and honey as agricultural exports from such commodities dominate the national economy. But does New Zealand live up to its promise? In this introductory textbook for first year sociology students, some of this country's leading social scientists help us to make sense of contemporary New Zealand. In 21 chapters, the authors examine New Zealand's political identity and constitution; our Māori, Pākehā, Pacific and Asian peoples; problems of class, poverty and inequality; gender and sexualities; and contemporary debates around ageing, incarceration and the environment. The authors find a complex society where thirty years of neoliberal economics and globalising politics have exacerbated inequalities that are differentially experienced by class, ethnicity, gender, sexuality and age. These social divides and problems are at the heart of this text. For sociology students and for a wider audience of New Zealanders, A Land of Milk and Honey? is a lively introduction to where we have come from, where we are now, and where New Zealand society might be headed"--Back cover.

Aotearoa/New Zealand is not known for egregious breaches of indigenous peoples’ rights. Nonetheless, New Zealand’s legal system is ineffective at implementing international and domestic laws that protect the rights of Maori. This has been seen most starkly in the Foreshore and Seabed Act of 2004, which had the effect of extinguishing Maori aboriginal title to the foreshore and seabed areas and was passed despite almost universal Maori opposition.

Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to maintain White control over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori.

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

Māori leaders in New Zealand continue the battle to end British colonisation. The aim is to restore the balance between Māori and the Crown guaranteed in the treaty that Māori and the British Crown agreed to in 1840 so that we can live in peace and harmony. Early European visitors subjected our ancestors to numerous atrocities. Relying on the Doctrine of Discovery, they illegitimately usurped our power and dispossessed us, leaving us in a state of poverty, deprivation and marginalisation. They fabricated myths to justify their criminal activities, set up an illegitimate parliament with unfettered powers, passed laws legalising their crimes and then covered it up with amnesia. They established the Waitangi Tribunal in 1975 to inquire into breaches of the treaty, not realising that it would dismantle the myths and look beneath the amnesia. Governments then instigated the ‘treaty claims settlement’ process to extinguish all Māori claims, remove Māori rights and entrench colonisation. Research undertaken has shown that Māori loathe this process and do not accept that settlements are full and final. Research on constitutional transformation has identified a possible solution. The first step towards that goal involves implementing the United Nations Declaration on the Rights of Indigenous Peoples.