C Ommemora Ting 20 Years of Ra up a Tu Set Tlement
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The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998
Settling Treaty Claims: The Formation of Policy on Treaty of Waitangi Claims in the Pioneering Years, 1988-1998 Therese Suzanne Crocker A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy Victoria University of Wellington 2016 ABSTRACT For the past quarter-century the New Zealand government has negotiated with Māori groupings to find ways of compensating for the Crown’s historical breaches of the Treaty of Waitangi. The negotiations take place between mandated claimant negotiators and officials who represent the executive arm of government; the resultant settlements are then endorsed by legislation that declares them to be ‘full and final’ resolutions of historical grievances. This thesis analyses the way New Zealand governments conceived, introduced and implemented policies to address the claims during the pioneering years 1988–1998. The foundational policies worked out in this decade bedded-in the Treaty claims settlement processes which are now nearing their end. Through examining official archives, the thesis finds that these processes initially emerged as policy-driven responses to a combination of factors, such as the broad context of the ‘Māori Renaissance’, social shifts in understanding the past, legal cases and political pressure from iwi. The thesis goes on to explore several years of experimental negotiations and policy formulation which culminated in the Crown’s presentation in 1994 of both a suite of draft policies intended to offer a comprehensive approach to the negotiations process and a notional quantum of $1 billion to settle all historical claims (the ‘fiscal envelope’). It demonstrates that while this package was introduced to shape and contain the emergent settlement mechanisms and their outcomes, policies continued to be modified in highly significant ways. -
Race-Ing and Engendering the Nation-State in Aotearoa/New Zealand Nan Seuffert
Journal of Gender, Social Policy & the Law Volume 10 | Issue 3 Article 4 2002 Race-ing and Engendering the Nation-State in Aotearoa/New Zealand Nan Seuffert Follow this and additional works at: http://digitalcommons.wcl.american.edu/jgspl Part of the Foreign Law Commons, and the Human Rights Law Commons Recommended Citation Seuffert, Nan. "Race-ing and Engendering the Nation-State in Aotearoa/New Zealand." American University Journal of Gender Social Policy and Law 10, no. 3 (2002): 597-618. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Journal of Gender, Social Policy & the Law by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Seuffert: Race-ing and Engendering the Nation-State in Aotearoa/New Zealand SEUERT MACRO 4 WITH AUTHOR EDITS 7/17/02 4:56 PM RACE-ING AND ENGENDERING THE NATION-STATE IN AOTEAROA/NEW ZEALAND NAN SEUERT* I. Introduction...................................................................................................597 II. Silencing Maori Women: Alliances of Men Across Race ............................598 A. Disrupting New Zealand’s Illusion of National Unity: The Nation as Bicultural ...............................................................................................599 B. State Structural Adjustment: The Nation as Global -
Māori and Aboriginal Women in the Public Eye
MĀORI AND ABORIGINAL WOMEN IN THE PUBLIC EYE REPRESENTING DIFFERENCE, 1950–2000 MĀORI AND ABORIGINAL WOMEN IN THE PUBLIC EYE REPRESENTING DIFFERENCE, 1950–2000 KAREN FOX THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS E PRESS Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Author: Fox, Karen. Title: Māori and Aboriginal women in the public eye : representing difference, 1950-2000 / Karen Fox. ISBN: 9781921862618 (pbk.) 9781921862625 (ebook) Notes: Includes bibliographical references and index. Subjects: Women, Māori--New Zealand--History. Women, Aboriginal Australian--Australia--History. Women, Māori--New Zealand--Social conditions. Women, Aboriginal Australian--Australia--Social conditions. Indigenous women--New Zealand--Public opinion. Indigenous women--Australia--Public opinion. Women in popular culture--New Zealand. Women in popular culture--Australia. Indigenous peoples in popular culture--New Zealand. Indigenous peoples in popular culture--Australia. Dewey Number: 305.4880099442 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover image: ‘Maori guide Rangi at Whakarewarewa, New Zealand, 1935’, PIC/8725/635 LOC Album 1056/D. National Library of Australia, Canberra. Cover design and layout by ANU E Press Printed by Griffin Press This edition © 2011 ANU E Press Contents Acknowledgements . vii Abbreviations . ix Illustrations . xi Glossary of Māori Words . xiii Note on Usage . xv Introduction . 1 Chapter One . -
Yearbook of New Zealand Jurisprudence
Yearbook of New Zealand Jurisprudence Editor Dr Richard A Benton Editor: Dr Richard Benton The Yearbook of New Zealand Jurisprudence is published annually by the University of Waikato, Te Piringa – Faculty of Law. Subscription to the Yearbook costs NZ$40 (incl gst) per year in New Zealand and US$45 (including postage) overseas. Advertising space is available at a cost of NZ$200 for a full page and NZ$100 for a half page. Communications should be addressed to: The Editor Yearbook of New Zealand Jurisprudence School of Law The University of Waikato Private Bag 3105 Hamilton 3240 New Zealand North American readers should obtain subscriptions directly from the North American agents: Gaunt Inc Gaunt Building 3011 Gulf Drive Holmes Beach, Florida 34217-2199 Telephone: 941-778-5211, Fax: 941-778-5252, Email: [email protected] This issue may be cited as (2010) Vol 13 Yearbook of New Zealand Jurisprudence. All rights reserved ©. Apart from any fair dealing for the purpose of private study, research, criticism or review, as permitted under the Copyright Act 1994, no part may be reproduced by any process without permission of the publisher. ISSN No. 1174-4243 Yearbook of New ZealaNd JurisprudeNce Volume 13 2010 Contents foreword The Hon Sir Anand Satyanand i preface – of The Hon Justice Sir David Baragwanath v editor’s iNtroductioN ix Dr Alex Frame, Wayne Rumbles and Dr Richard Benton 1 Dr Alex Frame 20 Wayne Rumbles 29 Dr Richard A Benton 38 Professor John Farrar 51 Helen Aikman QC 66 certaiNtY Dr Tamasailau Suaalii-Sauni 70 Dr Claire Slatter 89 Melody Kapilialoha MacKenzie 112 The Hon Justice Sir Edward Taihakurei Durie 152 Robert Joseph 160 a uNitarY state The Hon Justice Paul Heath 194 Dr Grant Young 213 The Hon Deputy Chief Judge Caren Fox 224 Dr Guy Powles 238 Notes oN coNtributors 254 foreword 1 University, Distinguished Guests, Ladies and Gentlemen, I greet you in the Niuean, Tokelauan and Sign Language. -
Te Wairua Kōmingomingo O Te Māori = the Spiritual Whirlwind of the Māori
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. TE WAIRUA KŌMINGOMINGO O TE MĀORI THE SPIRITUAL WHIRLWIND OF THE MĀORI A thesis presented for the Degree of DOCTOR OF PHILOSOPHY in Māori Studies Massey University Palmerston North, New Zealand Te Waaka Melbourne 2011 Abstract This thesis examines Māori spirituality reflected in the customary words Te Wairua Kōmingomingo o te Maori. Within these words Te Wairua Kōmingomingo o te Māori; the past and present creates the dialogue sources of Māori understandings of its spirituality formed as it were to the intellect of Māori land, language, and the universe. This is especially exemplified within the confinements of the marae, a place to create new ongoing spiritual synergies and evolving dialogues for Māori. The marae is the basis for meaningful cultural epistemological tikanga Māori customs and traditions which is revered. Marae throughout Aotearoa is of course the preservation of the cultural and intellectual rights of what Māori hold as mana (prestige), tapu (sacred), ihi (essence) and wehi (respect) – their tino rangatiratanga (sovereignty). This thesis therefore argues that while Christianity has taken a strong hold on Māori spirituality in the circumstances we find ourselves, never-the-less, the customary, and traditional sources of the marae continue to breath life into Māori. This thesis also points to the arrival of the Church Missionary Society which impacted greatly on Māori society and accelerated the advancement of colonisation. -
Waikato-Tainui and Ngāi Tahu's Treaty Settlement Negotiations With
Balancing rangatiratanga and kawanatanga: Waikato-Tainui and Ngāi Tahu’s Treaty settlement negotiations with the Crown Martin Fisher A thesis submitted to the Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in History Victoria University of Wellington 2015 i ii Abstract Waikato-Tainui and Ngāi Tahu’s negotiations with the Crown produced the first two major iwi-based agreements of the modern era of Treaty settlements in New Zealand/Aotearoa. While the existing historiography has previously addressed the general parameters of each agreement, and some key players have briefly written about their involvement in the process, an analysis of both negotiations through the lens of the iwi (tribe) pursuit of rangatiratanga (or self-determination) and the Crown’s defence of its sovereignty and kawanatanga (or governance) increases our understanding of these precedent-setting Treaty settlements. Māori rangatiratanga and Crown sovereignty and governance were not the only factors that drove all parties in their negotiations, but they represented the dominant motivating force in terms of reaching agreements on very difficult issues. Through an investigation of Ngāi Tahu, Waikato-Tainui, Crown and public sources, this thesis identifies the balancing of iwi rangatiratanga and the Crown’s sovereignty and kawanatanga in four major areas of the process: the development of iwi governance systems post-settlement, the negotiation of the financial aspects of the settlement, the parameters surrounding the return of land, and the formulation of the historical accounts and Crown apologies. The political structures set by the Crown to govern the process influenced all aspects of the negotiation. -
Non-Governmental Influence on New Zealand's Nuclear Disarmament
Principled Pragmatism: Non-Governmental Influence on New Zealand’s Nuclear Disarmament Advocacy 1995-2000 Thesis submitted in fulfilment of the requirements for the Degree of Master of Arts in Political Science Author: Lyndon Burford University of Canterbury November 2008 Acknowledgements ................................................................................... i Declaration of Personal Interests............................................................... i Abbreviations ........................................................................................... ii Abstract ................................................................................................... iv Chapter 1: Introduction.............................................................................................. 1 1. Nuclear Free New Zealand ........................................................................... 1 2. The Power of Ideas ....................................................................................... 6 3. The Rise of Non-Governmental Organisations ............................................ 6 4. Previous Research......................................................................................... 7 5. Nuclear Disarmament and Non-Proliferation in Crisis ................................ 8 6. Conclusion .................................................................................................. 15 Chapter 2: Theoretical Framework......................................................................... 17 1. Introduction................................................................................................ -
Treaty Ill History 2020 AI.Indd
BRIDGET WILLIAMS information sheet BOOKS The Treaty of Waitangi | Te Tiriti o Waitangi An Illustrated History (new edition) Claudia Orange Claudia Orange’s writing on the Treaty has contributed to New Zealanders’ understanding of this history for over thirty years. In this new edition of her popular illustrated history, Dr Orange brings the narrative of Te Tiriti/Treaty up to date, covering major developments in iwi claims and Treaty settlements – including the ‘personhood’ established for the Whanganui River and Te Urewera, applications for customary title in the foreshore and seabed, and critical matters of intellectual property, language and political partnership. New Zealand’s commitment to the Treaty claims process has far-reaching implications for this country’s future, and this clear account provides readers with invaluable insights into an all-important history. The Treaty of Waitangi by Claudia Orange was fi rst published in 1987 to national acclaim, receiving the Goodman Fielder Wattie Award. This widely respected history has since advanced through several new editions. The Treaty of Waitangi/Te Tiriti o Waitangi: An Illustrated History is the most comprehensive RRP: $49.99 | paperback | 215 x 265mm account yet, presented in full colour and drawing on 488 pages | over 300 illustrations Dr Orange’s recent research into the nine sheets of the ISBN 9781988587189 Treaty and their signatories. Publication: 8 December 2020 Distributor: David Bateman Ltd PO Box 100 242, North Shore Mail Centre, Auckland 0745 | (09) 415 7664 extn 0 [email protected] Sales Manager: Bryce Gibson (09) 415 7664 extn 811 | [email protected] Sales Representatives: KEY POINTS Murray Brown – Waikato, Bay of Plenty, Coromandel , Auckland, Northland • A comprehensive and beautifully illustrated history 021 278 6396 | [email protected] of the Treaty that is accessible to the general reader. -
Mana Whakatipu
Mana Whakatipu MarkSoloman_TEXT_MV4.indd 1 23/04/21 4:36 PM MarkSoloman_TEXT_MV4.indd 2 23/04/21 4:36 PM Mana Whakatipu Ngāi Tahu leader Mark Solomon on leadership and life Mark Solomon with Mark Revington MarkSoloman_TEXT_MV4.indd 3 23/04/21 4:36 PM Contents Foreword 9 Big day out 15 Whakapapa 19 Mum 27 Whānau 30 Childhood 38 Dad 41 Work 44 Pāua 48 Koro 51 Listen 54 Ōaro 57 Urupā 61 Maria 66 Foundryman 70 Mana 77 MarkSoloman_TEXT_MV4.indd 4 23/04/21 4:36 PM Values 81 Tapu 83 Politics 86 Respect 102 Time 109 Kīngitanga 116 Kotahitanga 140 Kaiwhakahaere 142 Earthquakes 159 Knighthood 173 He Toki 175 Health 182 Te Pūtahitanga 189 Forests 193 Climate change 197 Abuse 205 Water 218 Racism 223 Faith 230 A final word 234 Glossary 238 Acknowledgements 241 About the authors 242 Index 243 MarkSoloman_TEXT_MV4.indd 5 23/04/21 4:36 PM MarkSoloman_TEXT_MV4.indd 6 23/04/21 4:36 PM Mō tātou, ā, mō kā uri ā muri ake nei. For us and our children after us. MarkSoloman_TEXT_MV4.indd 7 23/04/21 4:36 PM MarkSoloman_TEXT_MV4.indd 8 23/04/21 4:36 PM Foreword his is the memoir of Tā Mark Solomon, as told T by him. It is also intended to give a reader some insight into what makes Tā Mark such an effective leader — but let’s just say his actions often speak louder than his words. He is known as a respected Māori leader, a forthright man, intelligent, unafraid to speak his mind, with a strong sense of justice. -
Māori and Aboriginal Women in the Public Eye
MĀORI AND ABORIGINAL WOMEN IN THE PUBLIC EYE REPRESENTING DIFFERENCE, 1950–2000 MĀORI AND ABORIGINAL WOMEN IN THE PUBLIC EYE REPRESENTING DIFFERENCE, 1950–2000 KAREN FOX THE AUSTRALIAN NATIONAL UNIVERSITY E PRESS E PRESS Published by ANU E Press The Australian National University Canberra ACT 0200, Australia Email: [email protected] This title is also available online at http://epress.anu.edu.au National Library of Australia Cataloguing-in-Publication entry Author: Fox, Karen. Title: Māori and Aboriginal women in the public eye : representing difference, 1950-2000 / Karen Fox. ISBN: 9781921862618 (pbk.) 9781921862625 (ebook) Notes: Includes bibliographical references and index. Subjects: Women, Māori--New Zealand--History. Women, Aboriginal Australian--Australia--History. Women, Māori--New Zealand--Social conditions. Women, Aboriginal Australian--Australia--Social conditions. Indigenous women--New Zealand--Public opinion. Indigenous women--Australia--Public opinion. Women in popular culture--New Zealand. Women in popular culture--Australia. Indigenous peoples in popular culture--New Zealand. Indigenous peoples in popular culture--Australia. Dewey Number: 305.4880099442 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying or otherwise, without the prior permission of the publisher. Cover image: ‘Maori guide Rangi at Whakarewarewa, New Zealand, 1935’, PIC/8725/635 LOC Album 1056/D. National Library of Australia, Canberra. Cover design and layout by ANU E Press Printed by Griffin Press This edition © 2011 ANU E Press Contents Acknowledgements . vii Abbreviations . ix Illustrations . xi Glossary of Māori Words . xiii Note on Usage . xv Introduction . 1 Chapter One . -
Māori Self-Determination and the Pākehā Criminal Justice Process: the Missing Link
Māori Self-Determination and the Pākehā Criminal Justice Process: The Missing Link SAM MCMULLAN* I Introduction 74 II The Gateway 77 The Treaty 77 International Law 87 The Defence 89 Extension to an Indigenous Population 91 III The Scope of the Gateway 94 Application to Rawiri 98 IV Conclusion 100 Since 1860 the British Crown has imposed a process on Māori to resolve criminal disputes involving Māori. In recent years, the process has under- gone reform, with attempts to “indigenise” it through initiatives such as Family Group Conferences. However, as highlighted by one recent case (R v Rawiri) the status quo is not working for Māori. This paper argues that under the Treaty of Waitangi and international law, Māori have a right to a degree of self-determination and authority over a criminal justice pro- cess for Māori. Rawiri also highlights a problem: Māori criminal justice today is not as straightforward as it might once have been. Māori, for the * Sam McMullan is enrolled as a barrister and solicitor of the High Court in New Zealand. This paper was substantively written in part completion of a LLB(Hons) at Victoria University of Wellington, New Zealand. INDIGENOUS LAW JOURNAL / Volume 10 Issue 1 /2011 73 Māori Self-Determination and the Pākehā Criminal Justice Process: The Missing Link Ma-ori Self-Determination and the Pa-keha- Criminal Justice Process 74 INDIGENOUS LAW JOURNAL Vol. 10 No. 1 most part, live a life intertwined with Pākehā. The assimilationist poli- cies of former years cannot be undone. The solution is not necessarily a complete parallel justice system. -
He Iwi Rangatira Anō Tātou Nei I Mua. Kia Pai Te Whakahaere I Ngā Tikanga Mō Te Iwi
He iwi rangatira anō tātou nei i mua. Kia pai te whakahaere i ngā tikanga mō te iwi. Kia mangu ki waho kia mā i roto. An investigation into the guiding principles and stabilising processes of mana tapu, utu and rūnanga in Waikato-Tainui. Michael Ross A Thesis submitted to Auckland University of Technology In fulfillment of the requirements for the degree of Doctor of Philosophy (PhD) January 2015 1 Abstract Waikato-Tainui people are descended from an adventurous people who took calculated risks to sail from their warm Polynesian isles to a new land they named Aotearoa1. These new migrants established a society which over time became distinctly Māori as they adapted to their new environment. Their greatest survival tool was their tikanga (important values and protocols), handed down to each generation through legends and practices remembered and recited in the daily activities of community, and given prominence at important tribal rūnanga, gatherings to discuss, debate and consult tribal members about progress, reporting and strategy. These values and protocols which guided cultural relationships included an unshakeable belief in the tapu (spiritual and physical boundaries) which resided in every object, animal, plant and natural phenomenon which could be seen or experienced. It was from tapu, emanating from the atua, that all things and all people gained their power and their position, their mana, in the universe. Mana was something which could wax and wane depending on the success or failure of ventures. Where actions threatened the mana and stability of hapū or whānau, or might give offence to the atua, utu (a reciprocal action) was required to restore balance and achieve harmony once more.