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The settlement of iwi claims under the Treaty of Waitangi has drawn international attention, as other nations seek ways to build new relationships between indigenous peoples and the state. Here leading scholars consider the impact of Treaty settlements on the management and ownership of key resources (lands, forests and fisheries); they look at the economic and social consequences for Māori, and the impact of the settlement process on Crown–Māori relationships. And they ask ‘how successful has the settlement process been?'
An Unsettled History squarely confronts the issues arising from the Treaty of Waitangi in New Zealand today. Alan Ward writes lucidly about the Treaty claims process, about settlements made, and those to come. New Zealand’s short history unquestionably reveals a treaty made and then repeatedly breached. This is a compelling case – for fair and reasonable settlement, and for the rigorous continuation of the Treaty claims process through the Waitangi Tribunal. The impact of the past upon the present has rarely been analysed so clearly, or to such immediate purpose.
The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp
"The Treaty of Waitangi was signed in 1840 by over 500 chiefs, and by William Hobson, representing the British Crown. To the British it was the means by which they gained sovereignty over New Zealand. But to Maori people it had a very different significance, and they are still affected by the terms of the Treaty, often adversely.The Treaty of Waitangi, the first comprehensive study of the Treaty, deals with its place in New Zealand history from its making to the present day. The story covers the several Treaty signings and the substantial differences between Maori and English texts; the debate over interpretation of land rights and the actions of settler governments determined to circumvent Treaty guarantees; the wars of sovereignty in the 1860s and the longstanding Maori struggle to secure a degree of autonomy and control over resources." --Publisher.
"Between 2008 and 2017, an unprecedented number of Treaty of Waitangi settlements were completed with iwi and hapū across New Zealand. As Minister for Treaty of Waitangi Negotiations, Christopher Finlayson led this work on behalf of the Crown. In doing so, he gained unique insights into the elements of successful negotiations and developed ground-breaking legal innovations that enabled settlements to be reached. In He Kupu Taurangi, the authors tell the story of the challenges and successes of New Zealand's Treaty Settlements project. They cover themes including apologies, financial and cultural redress, natural resources, co-governance and the establishment of legal entities. They pay particular attention to the landmark Whanganui River and Ngāi Tūhoe settlements, which have become internationally recognised. Finally, the authors look ahead to consider how to ensure Treaty settlements last the distance and what the next steps are in the Treaty relationship between Māori and the Crown"--Publisher information.
Legal cultures change in response to social and economic environments. Māori author and legal scholar Carwyn Jones provides a timely examination of how the resolution of land claims in New Zealand has affected traditional Māori law, illustrating the challenges faced by Indigenous peoples as they attempt to exercise self-determination in a postcolonial world. Combining thoughtful analysis with Māori storytelling New Treaty, New Tradition reveals the enduring vitality of Māori legal traditions, making the case that genuine reconciliation can occur only when we recognize the importance of Indigenous traditions in the settlement process. Drawing on examples from Canada and New Zealand, Jones illustrates how Western legal thought has shaped the historical claims process. As Indigenous self-determination plays out on the world stage, this nuanced reflection brings into focus prospects for the long-term success of reconciliation projects in Canada and around the globe.
Parihaka was a place and an event that could be lost and found, over and over. It moved into view, then disappeared, just like the mountain. In 1881, over 1,500 colonial troops invaded the village of Parihaka near the Taranaki coast. Many people were expelled, buildings destroyed, and chiefs Te Whiti o Rongomai and Tohu Kākahi were jailed. In this BWB Text, Rachel Buchanan tells her own, deeply personal story of Parihaka. Beginning with the death of her father, a man with affiliations to many of Taranaki’s eight iwi, she describes her connection to Taranaki, the land and mountain; and the impact of confiscation. Buchanan discusses the apologies and settlements that have taken place since te pāhuatanga, the invasion of Parihaka.
The Treaty of Waitangi is a central document in New Zealand history. This lively account tells the story of the Treaty from its signing in 1840 through the debates and struggles of the nineteenth century to the gathering political momentum of recent decades. The second edition of this popular book brings the story up to the present. New illustrations enrich the history, giving life to the events as they unfold. Printed in full colour, The Story of a Treaty will continue as a superb introduction to Treaty history for future generations.
The author looks at where the Treaty of Waitangi should be in New Zealand's law and constitution, addressing and providing concrete suggestions to questions such as: What was the place of the Treaty of Waitangi in the law and constitution in 1840? What has the Treaty been reinterpreted to mean in New Zealand today? What is its current legal status and force? and What is its current place in New Zealand's law and constitution?
"The place of the Treaty of Waitangi within New Zealand ... both a personal, descriptive account of the historical treatment and perceptions of the Treaty in New Zealand and a ... record of ... the negotiation processes"--P. v.