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This report is the outcome of an urgent inquiry into the Crowns̉ policy for the foreshore and seabed of Aotearoa-New Zealand.
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.
New Zealand’s first Anglican bishop, George Selwyn, was a towering figure in the young colony. Denounced as a ‘turbulent priest’ for speaking out against Crown practices that dispossessed Māori, he brought a vigorous approach to Episcopal leadership. His wife Sarah Selwyn supported all her husband’s activities, in a life characterised as one of ‘hardship and anxiety’. She expressed independently her sense of outrage over the Waitara dispute. Selwyn promoted participatory church government, founded the innovative Melanesian Mission, and developed a distinctive style of colonial church architecture. More controversially, he battled with the Church Missionary Society, and was caught up in the bitter maelstrom of settler and Māori politics. His personal links with colonial and ecclesiastical networks gave him access to the heart of empire. These essays offer new insights into Selwyn’s role in developing pan-Anglicanism, strengthening links between the Church of England and the Episcopal and Anglican Churches in North America, and his time as Bishop of Lichfield (1868–78). His place in Treaty history, as a political commentator and a valuable source of historical information, is recognised. George Selwyn left a large imprint on New Zealand church and society. This collection both honours and critiques a controversial bishop. Contributors include Ken Booth, Judith Bright, Terry M. Brown, Janet E. Crawford, Bruce Kaye, Warren E. Limbrick, Jonathan Mane-Wheoki, Grant Phillipson, John Stenhouse and Rowan Strong.
Published in concomitance with the adoption of the United Nations Declaration on the Rights of Indigenous Peoples, this volume brings together a group of renowned legal experts and activists from different parts of the world who, from international and comparative perspectives, investigate the right of indigenous peoples to reparation for breaches of their individual and collective rights. The first part of the book is devoted to general aspects of this important matter, providing a comprehensive assessment of the relevant international legal framework and including overviews of the topic of reparations for human rights violations, the status of indigenous peoples in international law, and the vision of reparations as conceived by the communities concerned. The second part embraces a comprehensive investigation of the relevant practice at the international, regional, and national level, examining the best practices of reparations according to the ideologies and expectations of indigenous peoples and offering a comparative perspective on the ways in which the right of these peoples to redress for the injuries suffered is realized worldwide. The global picture painted by these contributions provides a view of the status of relevant international law that is synthesized in the two final chapters of the book, which include a concrete example of how a judicial claim for reparation is to be structured and prescribes the best practices and strategies to be adopted in order to maximize the opportunities for indigenous peoples to obtain effective redress. As a whole, this volume offers a comprehensive vision of its subject matter in international and comparative law, with a practical approach aimed at supporting legal academics, administrators, and practitioners in improving the avenues and modalities of reparations for indigenous peoples.
"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.
Countries in the Pacific face unique challenges of survival and progress in establishing themselves and participating fully in international society. Their geographic isolation from the rest of global society is compounded by complex layers of often competing national and indigenous identities among their populations built through wave upon wave of migration. This has created rich diversity, competing regimes and real challenges in terms of state-building, ethnic identity, social policy cohesion and development in post-colonial settings. The issues studied here would be of interest to scholars from a range of different disciplines such as Law, Politics, Sociology and Anthropology. By examining the theory and practice of minority rights law in states such as Fiji and Papua New Guinea, alongside their more familiar neighbours Australia and New Zealand, this book makes a unique contribution in a region often ignored in the literature.
Delgamuukw. Mabo. Ngati Apa. Recent cases have created a framework for litigating Aboriginal title in Canada, Australia, and New Zealand. The distinguished group of scholars whose work is showcased here, however, shows that our understanding of where the concept of Aboriginal title came from – and where it may be going – can also be enhanced by exploring legal developments in these former British colonies in a comparative, multidisciplinary framework. This path-breaking book offers a perspective on Aboriginal title that extends beyond national borders to consider similar developments in common law countries.
Presenting a unique blend of historical and contemporary research from a range of interdisciplinary and theoretical analysis, this book examines the intersection of 'race', gender and national identity. Focusing on New Zealand, the book highlights the ways in which shifts in national identity shape and limit legal claims for redress for historical racial injustices internationally. Key features: * Analyzes the identity configurations produced by New Zealand's process of 'settling' colonial injustices and highlights the wider relevance for other groups such as Australian aborigines and Native Americans. * Traces the connections and discontinuities between the free trade imperialism of the mid-19th Century and the Free Trade Globalization of the late 20th Century. * Rich, rigorous interdisciplinarity and use of a range of theoretical perspectives provides insights relevant to legal theorists, feminists and legal scholars internationally.
Weeping Waters is a must read for anyone who wants to be informed about the current debate regarding the Treaty of Waitangi and a constitution for Aotearoa New Zealand. The book features essays from eighteen well-known and respected Maori figures including Professor Margaret Mutu, Bishop Muru Walters, Judge Caren Fox and lawyer Moana Jackson. This is the first book in recent years to offer a M?ori opinion on the subject of constitutional change. It shows how M?ori views have been ignored by successive governments and the courts and how M?ori have attempted to address constitutional issues in the past. The book also provides suggestions for a pathway forward if the Treaty of Waitangi is to be fully acknowledged as the foundation for a constitution for Aotearoa New Zealand.
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.