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Exploring an issue of international significance, this collection of essays addresses the reconciliation of the pre-existing, inherent rights of indigenous peoples with those held and asserted by the state. Focusing upon the Maori tribes of New Zealand, topics include the historical origins of the Ngati Apa decision--one of the most controversial modern decisions on Maori rights--how the Foreshore and Seabed Act (FSA) compares with schemes created in other countries with indigenous inhabitants, how the FSA has led to major changes in the country's political landscape, and how it stacks up against international human rights and environmental laws. This detailed study also explores New Zealand's legislation and how it has undermined the rights of Maori tribes, tipping the reconciliation process too far in favor of the state.
When the New Zealand Supreme Court ruled on Wi Parata v the Bishop of Wellington in 1877, the judges infamously dismissed the relevance of the Treaty of Waitangi. During the past 25 years, judges, lawyers, and commentators have castigated this &“simple nullity&” view of the treaty. The infamous case has been seen as symbolic of the neglect of Maori rights by settlers, the government, and New Zealand law. In this book, the Wi Parata case—the protagonists, the origins of the dispute, the years of legal back and forth—is given a fresh look, affording new insights into both Maori-Pakeha relations in the 19th century and the legal position of the treaty. As relevant today as they were at the time of the case ruling, arguments about the place of Indigenous Maori and Pakeha settlers in New Zealand are brought to light.
What have Maori been protesting about? What has been achieved? This book provides an overview of the contemporary Maori protest 'movement', a summary of the rationale behind the actions, and a wonderful collection of photographs of the action u the protests, the marches and the toil behind the scenes. And it provides a glimpse of the fruits of that protest u the Waitangi Tribunal and the opportunity to prepare, present and negotiate Treaty settlements; Maori language made an official language; Maori-medium education; Maori health providers; iwi radio and, in 2004, Maori television.
This book discusses the background to the National Government's astounding U-turn in introducing a Bill to Parliament to remove Crown (i.e. public) ownership from New Zealand's foreshore and seabed. This is solely to allow Maori tribal groups to own areas of the foreshore and seabed, including the currently Crown owned resources they contain. This major political issue is a result of National's pact with the Maori Party to share power. This, the largest proposed race-based privatisation in New Zealand's history, will open a Pandora's box of claims, arguments and loss of public rights and resources. Additional steps to make the obtaining of customary title even easier are likely to follow. Privatisation to customary title means that tribal groups will be given very strong private property rights and so will be able to exploit the minerals, aquaculture, and control of recreational and commercial facilities (launching ramps, wharves, marinas, mooring buoys etc) in their areas, and charge fees to make money. The book also discusses the background of the person who has instituted these changes, the Attorney General, Christopher Finlayson, without whose influence it is unlikely that these astounding changes would be happening. The book is a lively and stimulating read that cuts through the National and Maori Parties' self-interest and secrecy. This is a very important issue that will adversely affect all New Zealanders for many years to come.
This book presents new material and shines fresh light on the under-explored historical and legal evidence about the use of the doctrine of discovery in Australia, Canada, New Zealand and the United States. North America, New Zealand and Australia were colonised by England under an international legal principle that is known today as the doctrine of discovery. When Europeans set out to explore and exploit new lands in the fifteenth through to the twentieth centuries, they justified their sovereign and property claims over these territories and the indigenous peoples with the discovery doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of the world. The doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of indigenous peoples and gained political and commercial rights over the inhabitants. The English colonial governments and colonists in North America, New Zealand and Australia all utilised this doctrine, and still use it today to assert legal rights to indigenous lands and to assert control over indigenous peoples. Written by indigenous legal academics - an American Indian from the Eastern Shawnee Tribe, a New Zealand Maori (Ngati Rawkawa and Ngai Te Rangi), an Indigenous Australian, and a Cree (Neheyiwak) in the country now known as Canada, Discovering Indigenous Lands provides a unique insight into the insidious historical and contemporary application of the doctrine of discovery.
Beyond Biculturalism: The Politics of an Indigenous Minority is a critical analysis of contemporary Maori public policy. O'Sullivan argues that biculturalism inevitably makes Maori the junior partner in a colonial relationship that obstructs aspirations to self-determination. The political situation of Maori is compared to that of First Nations and Aboriginal Australians. The book examines contemporary Maori political issues such as the 'one law for all' ideology, the Foreshore and Seabed Act 2004, Maori parliamentary representation, Treaty settlements, and Maori economic development.
This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1) the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2) if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3) whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights.
New Zealand is one of the world leaders of neoliberalism, and since 1984 its government has pursued neoliberal policies with a confidence that few other governments possess. Resistance is a collection by New Zealand indigenous Mā ori academics, activists, and leaders on resistance to neoliberalism. This unique book features a range of views that are often invisible to current debates on globalization.
In constant use for over twenty years, a new generation will benefit from this long-awaited new edition of New Zealand¿s most accessible introduction to the Treaty of Waitangi. The Treaty of Waitangi is a central document in New Zealand history. In this lively account, Claudia Orange 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 the last three decades. The second edition brings the story up to the present. New illustrations enrich the history, giving life to the events as they unfold. This splendid new edition in full colour ensures that this popular book will remain an authoritative introduction to Treaty history for future generations. Claudia Orange¿s authoritative TREATY OF WAITANGI (1987) changed the way many New Zealanders saw this significant part of their history. Chapter 1: An Independent New Zealand Chapter 2: Making a Treaty Chapter 3: Ka-wanatanga and Rangatiratanga: Government Authority and Chiefly Authority Chapter 4: The Colonial Government Takes Charge: 1870-1900 Chapter 5: Into the Twentieth Century: 1900-1975 Chapter 6: The Treaty Takes Centre Stage: 1975-1990 Chapter 7: Looking to the Future: 1990-2012 Timeline Index.