Is the Treaty Dead?
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Treaty Rights in the Waitangi Tribunal
© New Zealand Centre for Public Law and contributors Faculty of Law Victoria University of Wellington PO Box 600 Wellington New Zealand December 2010 The mode of citation of this journal is: (2010) 8 NZJPIL (page) The previous issue of this journal is volume 8 number 1, June 2010 ISSN 1176-3930 Printed by Geon, Brebner Print, Palmerston North Cover photo: Robert Cross, VUW ITS Image Services CONTENTS Judicial Review of the Executive – Principled Exasperation David Mullan .......................................................................................................................... 145 Uncharted Waters: Has the Cook Islands Become Eligible for Membership in the United Nations? Stephen Smith .......................................................................................................................... 169 Legal Recognition of Rights Derived from the Treaty of Waitangi Edward Willis.......................................................................................................................... 217 The Citizen and Administrative Justice: Reforming Complaint Management in New Zealand Mihiata Pirini.......................................................................................................................... 239 Locke's Democracy v Hobbes' Leviathan: Reflecting on New Zealand Constitutional Debate from an American Perspective Kerry Hunter ........................................................................................................................... 267 The Demise of Ultra Vires in New Zealand: -
Annual Report for the Year Ended 30 June 2012
A.2 Annual Report for the year ended 30 June 2012 Parliamentary Service Commission Te Komihana O Te Whare Pāremata Presented to the House of Representatives pursuant to Schedule 2, Clause 11 of the Parliamentary Service Act 2000 About the Parliamentary Service Commission The Parliamentary Service Commission (the Commission) is constituted under the Parliamentary Service Act 2000. The Commission has the following functions: • to advise the Speaker on matters such as the nature and scope of the services to be provided to the House of Representatives and members of Parliament; • recommend criteria governing funding entitlements for parliamentary purposes; • recommend persons who are suitable to be members of the appropriations review committee; • consider and comment on draft reports prepared by the appropriations review committees; and • to appoint members of the Parliamentary Corporation. The Commission may also require the Speaker or General Manager of the Parliamentary Service to report on matters relating to the administration or the exercise of any function, duty, or power under the Parliamentary Service Act 2000. Membership The membership of the Commission is governed under sections 15-18 of the Parliamentary Service Act 2000. Members of the Commission are: • the Speaker, who also chairs the Commission; • the Leader of the House, or a member of Parliament nominated by the Leader of the House; • the Leader of the Opposition, or a member of Parliament nominated by the Leader of the Opposition; • one member for each recognised party that is represented in the House by one or more members; and • an additional member for each recognised party that is represented in the House by 30 or more members (but does not include among its members the Speaker, the Leader of the House, or the Leader of the Opposition). -
Submission on Water Issues in Aotearoa New Zealand
Office of the High Commissioner for Human Rights United Nations Office CH 1211 Geneva 10 Switzerland Submission on Water Issues in Aotearoa New Zealand By Dr Maria Bargh 1 This submission is provided in two Parts: Part One: Overview of the significance of water to Māori and current national legislation relating to water. Part Two: Overview of the potential impacts of the New Zealand government’s proposals on Māori, including with regard to private sector provisions of related services. Introduction In 2003 the New Zealand government established a Sustainable Water Programme of Action to consider how to maintain the quality of New Zealand’s water and its sustainable use. One of the models being proposed for the more efficient management of water is the market mechanism. Dominant theories internationally put forward the market as the best mechanism by which to manage resources efficiently. Given that all life on the planet needs water for survival its appropriate management, use and sustainability is of vital concern. However many communities, including Indigenous peoples, have widely critiqued the market, and the neoliberal policies which promote it, highlighting the responsiveness of the market to money rather than need. In the case of Aotearoa, moves to further utilise the market mechanism in the governance of water raises questions, not simply around the efficiency of the market in this role but also around the Crown i approach which is one of dividing the issues of marketisation, ownership and sustainability in the same manner in which they assume the river/lake beds, banks and water can be divided. -
Issue 17 2017
Shifting Stones Ruckus over Ruggers Centre Stage Catriona Britton examines the harm being done Mark Fullerton talks SKY TV’s very bad A chat with New Zealand theatre company to an historical site manners Indian Ink [1] ISSUE SEVENTEEN CONTENTS 7 NEWS 10 COMMUNITY MED STUDENTS SICK OF LOAN CAP THE LIMITS OF FREEDOM OF SPEECH Medical students aren’t getting graduation caps because of A look at how New Zealand student loan caps deals with censorship 13 LIFESTYLE 16 FEATURES SPRING AWAKENING TIT FOR TATT We’ve got tips on how to make your garden bloomin’ beautiful Olivia Stanley ponders society’s this Spring view of tattoos 31 ARTS 34 COLUMNS ONE MOVIE TO RULE THEM ALL A SHADOW OF HER FORMER SELF A definitive ranking of the LOTR and Hobbit movie Caitlin Abley has had a gutsful trilogies of Shadows cuisine New name. Same DNA. ubiq.co.nz 100% Student owned - your store on campus [3] NOTICE OF POLLING TIMES FOR THE 2018 AUSA EXECUTIVE & 2017 ENVIRONMENTAL AFFAIRS OFFICER ELECTIONS ONLINE ELECTIONS WILL BE HELD FROM 9AM ON TUESDAY 22ND TO 4PM ON THURSDAY 24TH OF AUGUST 2017 TO VOTE GO TO: WWW.AUSA.ORG.NZ/VOTE ONLY AUSA MEMBERS CAN VOTE, HOWEVER YOU CAN SIGN UP ONLINE WHEN YOU VOTE. A POLLING BOOTH WILL BE AVAILABLE AT AUSA RECEPTION IF YOU DO NOT HAVE ACCESS TO ONLINE VOTING. LIFE MEMBERS WILL NEED TO GO TO AUSA RECEPTION TO VOTE. BOB LACK AUSA RETURNING OFFICER NOTICE OF POLLING TIMES FOR THE EDITORIAL 2018 AUSA EXECUTIVE Catriona Britton Samantha Gianotti & 2017 ENVIRONMENTAL AFFAIRS OFFICER ELECTIONS Giving a Shit ONLINE ELECTIONS WILL BE HELD FROM 9AM ON TUESDAY 22ND Last Monday morning, one Craccum Editor was make it into the top ten that God cast down on with deliberation and confidence. -
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New Zealand Journal of Employment Relations, 45(1): 14-30 Minor parties, ER policy and the 2020 election JULIENNE MOLINEAUX* and PETER SKILLING** Abstract Since New Zealand adopted the Mixed Member Proportional (MMP) representation electoral system in 1996, neither of the major parties has been able to form a government without the support of one or more minor parties. Understanding the ways in which Employment Relations (ER) policy might develop after the election, thus, requires an exploration of the role of the minor parties likely to return to parliament. In this article, we offer a summary of the policy positions and priorities of the three minor parties currently in parliament (the ACT, Green and New Zealand First parties) as well as those of the Māori Party. We place this summary within a discussion of the current volatile political environment to speculate on the degree of power that these parties might have in possible governing arrangements and, therefore, on possible changes to ER regulation in the next parliamentary term. Keywords: Elections, policy, minor parties, employment relations, New Zealand politics Introduction General elections in New Zealand have been held under the Mixed Member Proportional (MMP) system since 1996. Under this system, parties’ share of seats in parliament broadly reflects the proportion of votes that they received, with the caveat that parties need to receive at least five per cent of the party vote or win an electorate seat in order to enter parliament. The change to the MMP system grew out of increasing public dissatisfaction with certain aspects of the previous First Past the Post (FPP) or ‘winner-take-all’ system (NZ History, 2014). -
A Politics and the Campaign
Notes Resources Processor Time 00:00:00.24 Elapsed Time 00:00:00.00 Frequency Table jinterest A1: how interested in politics Frequency Percent Valid Percent Valid Very interested 412 16.7 16.7 16.7 Fairly interested 1157 46.8 47.0 63.7 Slightly interested 769 31.1 31.2 94.9 Not at all interested 125 5.0 5.1 100.0 Total 2463 99.5 100.0 Missing System 12 .5 Total 2475 100.0 jrefbefore A2: knowledge of referendum before the fact Frequency Percent Valid Percent Valid Yes 2192 88.6 89.3 89.3 No 167 6.7 6.8 96.1 Don't know 95 3.8 3.9 100.0 Total 2453 99.1 100.0 Missing System 22 .9 Total 2475 100.0 Frequency Percent Valid Percent Valid Yes 2041 82.5 83.3 83.3 No 300 12.1 12.2 95.6 Don't know 108 4.4 4.4 100.0 Total 2449 99.0 100.0 Missing System 26 1.0 Total 2475 100.0 jintnt_work A4: access to the Internet at work Frequency Percent Valid Percent Valid 0 1444 58.3 58.3 58.3 Internet access at work 1031 41.7 41.7 100.0 Total 2475 100.0 100.0 jintnt_home A4: access to the Internet at home Frequency Percent Valid Percent Valid 0 524 21.2 21.2 21.2 Internet access at home 1951 78.8 78.8 100.0 Total 2475 100.0 100.0 Page 3 jintnt_mob A4: access to the Internet on a mobile device Frequency Percent Valid Percent Valid 0 1843 74.5 74.5 74.5 632 25.5 25.5 100.0 Total 2475 100.0 100.0 jintnt_else A4: access to the Internet somewhere else Frequency Percent Valid Percent Valid 0 2345 94.7 94.7 94.7 130 5.3 5.3 100.0 Total 2475 100.0 100.0 jintnt_none A4: no access to the Internet Frequency Percent Valid Percent Valid 0 2096 84.7 84.7 84.7 No Internet access -
Rekohu Report (2016 Newc).Vp
Rekohu REKOHU AReporton MorioriandNgatiMutungaClaims in the Chatham Islands Wa i 6 4 WaitangiTribunalReport2001 The cover design by Cliff Whiting invokes the signing of the Treaty of Waitangi and the consequent interwoven development of Maori and Pakeha history in New Zealand as it continuously unfoldsinapatternnotyetcompletelyknown AWaitangiTribunalreport isbn 978-1-86956-260-1 © Waitangi Tribunal 2001 Reprinted with corrections 2016 www.waitangi-tribunal.govt.nz Produced by the Waitangi Tribunal Published by Legislation Direct, Wellington, New Zealand Printed by Printlink, Lower Hutt, New Zealand Set in Adobe Minion and Cronos multiple master typefaces e nga mana,e nga reo,e nga karangaranga maha tae noa ki nga Minita o te Karauna. ko tenei te honore,hei tuku atu nga moemoea o ratou i kawea te kaupapa nei. huri noa ki a ratou kua wheturangitia ratou te hunga tautoko i kokiri,i mau ki te kaupapa,mai te timatanga,tae noa ki te puawaitanga o tenei ripoata. ahakoa kaore ano ki a kite ka tangi,ka mihi,ka poroporoakitia ki a ratou. ki era o nga totara o Te-Wao-nui-a-Tane,ki a Te Makarini,ki a Horomona ma ki a koutou kua huri ki tua o te arai haere,haere,haere haere i runga i te aroha,me nga roimata o matou kua mahue nei. e kore koutou e warewaretia. ma te Atua koutou e manaaki,e tiaki ka huri Contents Letter of Transmittal _____________________________________________________xiii 1. Summary 1.1 Background ________________________________________________________1 1.2 Historical Claims ____________________________________________________4 1.3 Contemporary Claims ________________________________________________9 1.4 Preliminary Claims __________________________________________________11 1.5 Rekohu, the Chatham Islands, or Wharekauri? _____________________________12 1.6 Concluding Remarks ________________________________________________13 2. -
The Waitangi Tribunal's WAI 2575 Report
HHr Health and Human Rights Journal The Waitangi Tribunal’s WAI 2575 Report: ImplicationsHHR_final_logo_alone.indd 1 10/19/15 10:53 AM for Decolonizing Health Systems heather came, dominic o’sullivan, jacquie kidd, and timothy mccreanor Abstract Te Tiriti o Waitangi, a treaty negotiated between Māori (the Indigenous peoples of Aotearoa) and the British Crown, affirmed Māori sovereignty and guaranteed the protection of hauora (health). The Waitangi Tribunal, established in 1975 to investigate alleged breaches of the agreement, released a major report in 2019 (registered as WAI 2575) about breaches of te Tiriti within the health sector in relation to primary care, legislation, and health policy. This article explores the implications of this report for the New Zealand health sector and the decolonial transformation of health systems. The tribunal found that the Crown has systematically contravened obligations under te Tiriti across the health sector. We complement the tribunal’s findings, through critical analysis, to make five substantive recommendations: (1) the adoption of Tiriti-compliant legislation and policy; (2) recognition of extant Māori political authority (tino rangatiratanga); (3) strengthening of accountability mechanisms; (4) investment in Māori health; and (5) embedding equity and anti-racism within the health sector. These recommendations are critical for upholding te Tiriti obligations. We see these requirements as making significant contributions to decolonizing health systems and policy in Aotearoa and thereby contributing to aspirations for health equity as a transformative concept. Heather Came is Senior Lecturer at the Faculty of Health and Environment Sciences, Auckland University of Technology, Auckland, New Zealand. Dominic O’Sullivan is Associate Professor at the School of Humanities and Social Sciences, Charles Sturt University, Canberra, Australia. -
Sailing in a New Direction ■■Page 5
SEPTEMBER 2017 The University of Auckland News for Staff Vol 46/ Issue 07 /September 2017 SAILING IN A NEW DIRECTION ■ PAGE 5 INSIDE A 700-plus page biography and Collected Poems of New Zealand literary heavyweight Allen Curnow, pictured above, by the late Emeritus Professor Terry Sturm is being launched this month by Auckland University Press. PAGE 5 COUNTING THE VOTES THE TAX QUESTION TOURIST IN HER OWN Just like Brexit and the 2016 US election, in the None of our political parties are dealing with COUNTRY upcoming General Election on 23 September the basic inequities of the current tax system, This month’s My Story, Samantha Perry, is every vote will definitely count, writes political says tax specialist Mark Keating. looking forward to going back to her family’s scientist Jennifer Lees-Marshment. roots in Sri Lanka in September. PAGE 12 PAGE 9 PAGE 6 SNAPSHOT CONTENTS TOP PRIZE FOR WATERCOLOUR WHAT’S NEW ............................ 3 In 1999 a generous bequest to create a IN BRIEF .................................... 4 scholarship to ‘foster interest in New Zealand COVER STORY ............................. 5 watercolour’ established the country’s largest art prize for the medium, the Henrietta and Lola DID YOU KNOW? ......................... 7 Anne Tunbridge Scholarship, worth $10,000. Awarded annually to an Elam School of Fine Arts WHAT’S ON CAMPUS .................. 7 student, this year the prize was jointly shared RESEARCH IN FOCUS .................. 8 between undergraduate Honor Hamlet and postgraduate Scarlett Cibilich from dozens of WHAT AM I DISCOVERING ............ 9 entries. The Tunbridge’s foresight continues to strengthen the medium’s appeal. Right, detail IN THE SPOTLIGHT ..................... -
Appendix 13 Shelly Bay Cultural Impact Statement
CULTURAL IMPACT ASSESSMENT WHĀTAITAI, MARUKAIKURU, SHELLY BAY Taikuru Prepared by Kura Moeahu, Peter Adds and Lee Rauhina-August on behalf of Taranaki Whānui Ki Te Upoko o Te Ika and The Port Nicholson Block Settlement Trust, September 2016 STATUS: FINAL 1 Executive Summary This is a Cultural Impact Assessment Report for Shelly Bay/Marukaikuru commissioned by the Wellington Company Limited. It assesses the Māori cultural values of Marukaikuru Bay from the perspective of the tangata whenua, namely the iwi of Taranaki Whānui represented by the PNBST. The main findings of this cultural impact assessment are: • Marukaikuru Bay has high cultural significance to the iwi of Taranaki whanui • Taranaki Whānui people actually lived in the Bay until 1835 • We have found no evidence of other iwi connections to Marukaikuru Bay • Taranaki Whānui mana whenua status in relation to Marukaikuru and the Wellington Harbour is strongly supported in the literature, including the Waitangi Tribunal report (2003) • The purchase of Shelly Bay by PNBST from the Crown was a highly significant Treaty settlement transaction specifically for the purpose of future development • Any development of Marukaikuru must adequately take account of and reflect Taranaki Whānui cultural links, history and tangata whenua status in Wellington. • Taranaki Whānui have kaitiakitanga (guardianship) responsibilities to ensure the protection of the natural, historical and cultural dimensions of Marukaikuru. • The resource consent application submitted by the Wellington Company Limited is supported by the Port Nicholson Block Settlement Trust. 2 WHĀTAITAI, MARUKAIKURU, SHELLY BAY Taikuru Kapakapa kau ana te manu muramura ki te tai whakarunga Māwewe tonu ana te motu whāriki o te tai whakararo Makuru tini e hua ki whakatupua-nuku Matuatua rahi e hua ki whakatupua-ruheruhe Pukahu mano e hua ki whakatupua-rangi Inā te tai hekenga ki runga o Tai Kuru e.. -
Ensuring New Zealand's Constitution Is Fit for Purpose
July 2013 Submission Ensuring New Zealand’s Constitution is Fit for Purpose Submission to the Constitutional Advisory Panel ΞDĐ'ƵŝŶŶĞƐƐ/ŶƐƟƚƵƚĞ>ŝŵŝƚĞĚϮϬϭϯ /^EϵϳϴͲϭͲϵϳϮϭϵϯͲϯϳͲϮ;ƉĂƉĞƌďĂĐŬͿ /^EϵϳϴͲϭͲϵϳϮϭϵϯͲϯϴͲϵ;W&Ϳ WKŽdžϮϰϮϮϮ tĞůůŝŶŐƚŽŶϲϭϰϮ EĞǁĞĂůĂŶĚ ǁǁǁ͘ŵĐŐƵŝŶŶĞƐƐŝŶƐƟƚƵƚĞ͘ŽƌŐ ďŽƵƚƚŚĞDĐ'ƵŝŶŶĞƐƐ/ŶƐƟƚƵƚĞ The McGuinness Institute is a non-partisan, not-for-profit research organisation specialising in issues that affect New Zealand’s long term future. Founded in 2004, the Institute aims to contribute to the ongoing debate about how to progress this nation through the production of timely, comprehensive and evidence-based research and the sharing of ideas. This can take a number of forms including books, reports, working papers, think pieces, workshops and videos. ďŽƵƚƚŚĞƵƚŚŽƌ Wendy McGuinness Wendy McGuinness is the founder and chief executive of the McGuinness Institute. Originally from the King Country, Wendy completed her secondary schooling at Hamilton Girls’ High School and Edgewater College. She then went on to study at Manukau Technical Institute (gaining an NZCC), Auckland University (BCom) and Otago University (MBA), as well as completing additional environmental papers at Massey University. As a Fellow Chartered Accountant (FCA) specialising in risk management, Wendy has worked in both the public and private sectors. In 2004 she established the McGuinness Institute (formerly the Sustainable Future Institute) as a way of contributing to New Zealand’s long-term future. She has also co-authored a book, Nation Dates: Significant events that have shaped the nation of New Zealand. tŝƚŚŽŶƚƌŝďƵƟŽŶƐĨƌŽŵ Sylvia Avery Sylvia Avery is a practicing primary school teacher who recently graduated from the University of Otago with a BA in Theatre and Politics and a Graduate Diploma in Teaching (Primary). -
Bthe Waipukurau Purchase and The
Copyright is owned by the Author of the thesis. Permission is given for a copy to be downloaded by an individual for the purpose of research and private study only. The thesis may not be reproduced elsewhere without the permission of the Author. I Mārama te Rironga ko a te Kuīni The Waipukurau Purchase and the Subsequent Consequences on Central Hawke’s Bay Māori to 1900. A thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in History at Massey University Manawatū, New Zealand Michael Allan Hunter 2019 i Abstract In 1820s and 1830s Māori from Central Hawke’s Bay came into contact with Pākehā for the first time and they began to trade. From this contact they began to see the benefits of Pākehā. So they requested the government to establish a Pākehā settlement and offered land for sale. Land was purchased at Waipukurau on 4 November 1851. Donald McLean made sweeping promises of benefits and riches when the deed was signed however these benefits and riches would never come to the Māori of Central Hawke’s Bay. The Waipukurau purchase opened the door for more purchases. The Māori of Central Hawke’s Bay began alienating their land. First through direct purchasing with Donald McLean then through the Native Land Court. Māori would soon find themselves in debt which would lead to the Hawke’s Bay Native Lands Alienation Commission 1873. Central Hawke’s Bay Māori emerged as leaders of the Repudiation Movement of the 1870s and then the Kotahitanga Māori Parliament of the 1890s in order to fight for their lost lands.