The State of Maori Rights


Book Description

The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a ‘mainstream’ media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective. The reviews demonstrate the ongoing settling of grievances against the Crown for breaches of the Treaty of Waitangi, the solutions Maori have advocated and the benefits to the country when Maori advice on these matters is followed. Key issues include: - the 1994 ‘fiscal envelope’ - the 50,000-strong protest march against foreshore and seabed - Pakeha media attacks on Maori MPs and Maori initiatives. Maori success stories are also acknowledged such as Michael Campbell, Robert Hewitt, Willie Apiata and films such as Whale Rider.




Māori Property Rights and the Foreshore and Seabed


Book Description

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 Treaty, New Tradition


Book Description

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.




The Treaty of Waitangi


Book Description

"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.




The Waitangi Tribunal


Book Description

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




Indigenous Water Rights in Law and Regulation


Book Description

A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.




A Simple Nullity?


Book Description

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.




The Treaty Now


Book Description

Traces the develoment of Treaty issues until August 1990. Decisions made by the Waitangi Tribunal up to that date. Contents: 1. The Waitangi Tribunal 2. The Honour of the Crown 3. The Treaty and the Constitution 4. The Crown, The State, The Treaty.




Waitangi & Indigenous Rights


Book Description

This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.




The Story of a Treaty


Book Description

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.