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1

Whata, Justice Christian. "Tikanga and the Law." Amicus Curiae 4, no. 3 (June 24, 2023): 610–22. http://dx.doi.org/10.14296/ac.v4i3.5620.

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This paper is based on the transcript from a presentation given at the New Zealand Asian Lawyers Wānanga on Tikanga and the Law given on 3 May 2023. This paper offers one of many explanations of tikanga and is an entry level introduction only to a complex kaupapa. This paper traverses briefly a proposed three-part model of recognition of tikanga. The first part of the model is a methodology of engagement. The second part is the notion of kaitiaki as a controlling principle. The third part is tikanga-enabling processes. The last two steps of the methodology are covered briefly due to time restraints. Keywords: tikanga; normative system; recognition; methodology of engagement; tikanga-enabling processes; common law.
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2

Fox, Acting Chief Judge Caren. "Tikanga as the First Law of New Zealand." Amicus Curiae 4, no. 3 (June 24, 2023): 635–48. http://dx.doi.org/10.14296/ac.v4i3.5623.

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This article provides an overview of the history of the Māori Land Court, as well as present day developments of the Court. It considers the role that tikanga (Māori customary values and practices) plays in the Māori Land Court, and how the Court has applied tikanga in a number of contemporary judgments. It then considers the Waitangi Tribunal (a Commission of Inquiry which examines Crown breaches of its obligations to Māori), and how tikanga can be demonstrated in the process and the findings of the Tribunal. It discusses how both judicial bodies have approached the challenge of competing tikanga claims. Finally, the article poses ideas of how tikanga can be applied going forward. Keywords: tikanga; Māori Land Court; Native Land Court; Waitangi Tribunal; indigenous law; cultural considerations.
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3

Taumaunu, Chief District Court Judge Heemi. "Remarks on Tikanga and the District Court." Amicus Curiae 4, no. 3 (June 24, 2023): 630–34. http://dx.doi.org/10.14296/ac.v4i3.5622.

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This article explores tikanga in the District Court context. It explains that the incorporation of Te Reo Māori (Māori language) and tikanga Māori is relatively new in the District Court. It discusses the introduction of Te Ao Mārama and solution-focused judging approaches since 2020 and goes on to describe how tikanga might operate in a Te Ao Mārama context. Keywords: Te Ao Mārama; tikanga; education; rangatahi; Te Reo Māori.
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4

Hughes, Alister. "Rebalancing Wrongs: Towards a New Law of Remedies for Aotearoa New Zealand." Victoria University of Wellington Law Review 53, no. 2 (August 29, 2022): 303–36. http://dx.doi.org/10.26686/vuwlr.v53i2.7763.

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Tikanga Māori is a central pillar of Aotearoa New Zealand and the common law is developing to reflect that. A new era of law is emerging, informed by both tikanga Māori and settler law. While this is an important, positive step towards establishing an appropriate domestic jurisprudence of Aotearoa New Zealand, misguided integration, no matter how well intentioned, is harmful. The ongoing collision between tikanga Māori and settler law in a legal context must be navigated carefully. It gives rise to the need for specific examination of different areas of law to consider how the two systems might interact. This article examines the law surrounding remedies and considers whether and how remedial structures in tikanga Māori and settler law might be reconciled. It undertakes a broader structural analysis and a closer examination of the specific aims of each remedial framework. Overall, it argues that, with a shift in underpinning rationale to one informed by tikanga Māori, existing common law remedies may be applied in ways consistent with, and that give effect to, tikanga Māori. Despite tensions between the two frameworks, the flexibility within both tikanga Māori and the settler common law is sufficient to allow them to come together into a new law of remedies in Aotearoa New Zealand.
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5

Doogan, Judge Michael. "Tikanga and the Law Wānanga." Amicus Curiae 4, no. 3 (June 24, 2023): 649–59. http://dx.doi.org/10.14296/ac.v4i3.5624.

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Tikanga Māori is increasingly influencing the law of New Zealand, in every jurisdiction. The Environment Court is becoming more concerned with issues which necessitate knowledge of different tikanga Māori, matauranga Māori and Te Reo Māori. The following is a discussion on how tikanga affects the incorporation of Treaty of Waitangi and Māori concepts in the Resource Management Act 1991. It then moves to how and to what extent the Environment Court can consider relational and mana whenua issues. And lastly, Judge Doogan gives insights from a Māori Land Court, Waitangi Tribunal and Environment Court judge for practitioners on understanding tikanga issues and working with Māori collectives. Keywords: Environment Court; Māori Land Court; Waitangi Tribunal; Resource Management Act 1991; Lex Aotearoa; Te Reo; tikanga; mātauranga; mana whenua; procedure; advocacy.
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6

Browning, Claire. "Tukutuku in te Tiriti o Waitangi: A Tikanga Māori Touchstone for Tiriti Interpretation." Legalities 3, no. 2 (September 2023): 163–87. http://dx.doi.org/10.3366/legal.2023.0054.

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The tikanga Māori concept, tuku, in te Tiriti o Waitangi’s reo Māori text warrants focus in Tiriti interpretation. This article reviews the place of tuku in te Tiriti and considers how applied, tikanga-centred study of this concept contributes to a tikanga Māori perspective on the proper relationality of that treaty’s parties. Studying, as sources of principle, tuku in two treaty-applicable customary contexts – the wall panel weaving technique, tukutuku (an alliance between two workers) and the socio-political alliances of tuku whenua – shows ways in which both the text of te Tiriti and well-settled ‘principles of the Treaty of Waitangi’ align with these tuku, and thus tikanga. Not only has this explanatory value with respect to te Tiriti o Waitangi principles; it yields insights both relationally and constitutionally. In tuku, the Tiriti relationship has tikanga-consistent foundations; it is anchored already in a tikanga paradigm. However, whereas framing presently predominantly focuses on parties’ ‘partnership’, this is an insufficient account. Another conception of treaty relations lies in tukutuku panel making, an alliance which depends on a reciprocal connection, works toward a woven construction, and is grounded in a kinship metaphor.
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7

Crocket, Kathie. "Supervision as Cultural Partnership." Ata: Journal of Psychotherapy Aotearoa New Zealand 19, no. 1 (September 18, 2015): 67–81. http://dx.doi.org/10.9791/ajpanz.2015.06.

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The term cultural supervision has been coined as part of a strategy that implicates supervision in the support and development of culturally appropriate therapeutic practice. In Aotearoa New Zealand particular focus has been given to supervision where the client is Māori and the practitioner is a member of the dominant Pākehā culture particularly, or of other non-Māori cultures. However, while the phrase cultural supervision has entered common professional parlance, the practice has had little research attention in counselling/psychotherapy in New Zealand. Cultural supervision appears to encompass a range of understandings, and there is no clear agreement about practice implications. It is unclear what alignment there is between aspirations, regulations, and practice. This article reports on an exploratory qualitative study that investigated how supervision might work in supporting culturally appropriate counselling practice in Aotearoa New Zealand. The study’s findings are presented as a multi-voiced dialogue. This arts-based representational practice enacts the uncertainties of post-colonial experience. Its intention is to make assumptions, ideas, and practices available for discussion. Its contribution is to join current dialogue about supervision and culture, and to raise further questions about how supervision and culturally appropriate practice come together. Whakarāpopotonga Kua whakakaupapahia te kīanga whakahaere tikanga-ā-iwi ki tētahi peka o tētahi rautaki hono whakahaere tikanga ki te tautoko, whakangungu haumanu tikanga-ā-iwi tika. I Aotearoa tōtika tonu te aronui atu ki ngā wā he Māori te kiritaki he Pākehā o te ahurea matua, o te hunga ehara rānei i te Māori te kaiwhakawaiwai. Heoi, ahakoa kua putaputa noa mai tēnei kīanga i waenga i ngā kōrerorero ngaio, kāre anō kia āta rangahauhia kia arotikahia rānei i roto i ngā mahi kaikōrero/kaimahi hinengaro i Aotearoa. Te āhua nei he maha ngā mātauranga e tāwharauhia ana e te mahi nei, ā, kāre he whakaarohanga mō ngā hua o te mahi. Kāre i te mārama he aha ngā here mai i ngā whāinga ki ngā here me te mahi. Ko tēnei tuhinga he pūrongo rapunga matai wheako kimi me pēhea e tika ai te whakahaere tikanga hei tautokohanga kaikōrero whakawaiwai tikanga-ā-iwi i Aotearoa. Ko ngā rangahautanga kei roto i te reo maha. Ko tōna tikanga he whakatau mahara, whakaaro, mahi whakawai hoki hai matapakihanga. Ko tāna koha ko te hono ki ngā whakawhitinga korero onamata e pā ana ki te whakahaere tikanga me te tikanga-ā-iwi, ā, ki te whakaara pātai titiro me pēhea e hono tahi ai te whakahaere tikanga me te tikanga-ā-iwi.
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8

Jones, Nicolas, and Marcos Mortensen Steagall. "Unprecedented Times: Māori Experiences of Pandemics Past in the Time of COVID-19." LINK Praxis 1, no. 1 (October 25, 2023): 109–29. http://dx.doi.org/10.24135/link-praxis.v1i1.5.

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Covid-19’s (mate korona) spread across the world and the implementation of wide sweeping government instigated public health measures saw a growing notion globally that we are living in “unprecidented times”. This notion was also expressed in Aotearoa New Zealand with the arrival of Covid-19 to Aotearoa New Zealand shores in early 2020. While Covid-19 presents a new epidemiological threat, examination of Aotearoa’s historical twentith century pandemics and sporadic outbreaks of infectious diseases show similar challanges to tikanga Māori (Māori protocols, customs, and behavioural guidelines) as COVID-19 presents today. This paper contextualises Māori experiences of epidemics and pandemics of the past and explores the historical and contemporary assaults on Māori customs during times of disease. Drawing on archival research, contemporary sources, and interviews with kaumātua (Māori elders) conducted during Aotearoa’s first national lockdown in 2020, this study scrutinises both historical and contemporary New Zealand Governmental responses and media attitudes towards tangihanga (funarary rites) and hongi (pressing of the noses) during pandemics and epidemics. Alongside examining the cultural significance and importance of tangihanga and hongi to Māori, this study shows that far from being “unprecedented times”, many of the same challenges to these practices Māori have faced during past pandemics and epidemics have remerged during COVID-19. Through this examination, this study highlights that a pattern exists where tikanga Māori practices come under public and political scrutiny and attack during pandemics and infectious disease outbreaks. Kaumātua are bastions of tikanga and collective memory of pandemics and other crises of the past and have integrated tikanga based disease mitigation measures into their intergenerational collective memory corpus. This paper highlights both the importance of these tikanga practices to kaumātua, and how tikanga informed kaumātua approaches to COVID-19 public health measure restrictions and their personal hauora (health). By undertaking this study, this paper draws particular attention to tikanga as an imperative aspect of Māori identity that must be understood by health officials, and the continual importance of the tikanga Māori concept of tapu (restricted, set apart, sacred) in mitigating disease and maintaining Māori hauora (health).
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9

Chen, Mai. "The Increasing Need for Cultural Experts in New Zealand Courts." Amicus Curiae 4, no. 3 (June 24, 2023): 583–98. http://dx.doi.org/10.14296/ac.v4i3.5618.

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New Zealand’s unique demography, with a large indigenous Māori population and a national population which is also increasingly superdiverse, means that New Zealand courts need more assistance from cultural experts if “the common law [is to] serve all in society”, as our Chief Justice recently said in the Supreme Court (Peter Hugh McGregor Ellis v R (Ellis) 2022: para 174). This paper examines two recent Supreme Court decisions: Ellis and Deng v Zheng (2022), which explain the increasing need for cultural experts in New Zealand courts to determine what tikanga (Māori customs and practices) as the first law of New Zealand is and how it applies, as well as to ensure equal access to justice despite cultural and linguistic diversity. The greatest need for cultural experts arises from the majority of the Supreme Court’s acceptance that tikanga was the first law of Aotearoa/New Zealand. There has been ad hoc (albeit growing) incorporation of tikanga and Te Tiriti o Waitangi (Te Tiriti) in various statutes, and no entrenchment in a supreme constitution, but even without statutory incorporation, the courts have interpreted statutes to take account of tikanga values and interests and to be consistent with Te Tiriti to the extent possible. Lawyers and judges need to acquire a base level of tikanga knowledge and cultural competency to be able to identify when a deeper level of tikanga/cultural expertise is needed, and cultural experts need to be called on to provide evidence to assist the Court. This is important (not only to ensure that justice is done in particular cases) but to maintain broader constitutional legitimacy. This includes acknowledging significant cultural differences in the application and development of the common law, in relevant cases. Pluralism is an important value which may be relevant to filling the gaps in the common law created by new situations that indigenous and superdiverse cultures and languages give rise to (Chen, forthcoming 2024; see also Palmer & Ling 2023). Keywords: tikanga; New Zealand; cultural experts; evidence; statutory interpretation; development of the common law.
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10

Morar, Rhianna. "Kia Whakatōmuri Haere Whakamua: Implementing Tikanga Māori as the Jurisdictional Framework for Overlapping Claims Disputes." Victoria University of Wellington Law Review 52, no. 1 (June 27, 2021): 197–220. http://dx.doi.org/10.26686/vuwlr.v52i1.6850.

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This article addresses the misconception that overlapping rights to land are always in tension with one another. In this article, I apply a tikanga-based analysis to the policy on overlapping rights that is used in the settlement of historical Treaty of Waitangi claims. I argue that the supremacy of colonial law within the State legal system continues to suppress indigenous relationality and limit the mechanisms for reciprocity. This article problematises the following claims made about overlapping claims disputes. First, that overlapping rights are too complex for judicial resolution. This article examines the ways in which overlapping rights are capable of co-existing to preserve relationships between different iwi and hapū. Second, that tikanga is a contestable system of law and should not be regarded as a question of law or as a jurisdictional framework for resolving such disputes. This article critically analyses the extent to which these claims are based on the supremacy of colonial law within the State legal system by considering the application of tikanga in the courts and alternative dispute resolution processes. I argue that tikanga Māori is the only applicable framework whereby differences can be mediated in a way that preserves the relationships between the parties and provides redress mechanisms for continuing reciprocity. This article concludes that the State legal system at present continues to delegitimise indigenous relationality in ways that amalgamate rights into a colonial recognition framework, which fails to recognise tikanga Māori as an equal system of law in Aotearoa New Zealand.
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11

Powell, The Honourable Justice Grant. "The Marine and Coastal Area (Takutai Moana) Act 2011 and Tikanga." Amicus Curiae 4, no. 3 (June 24, 2023): 623–29. http://dx.doi.org/10.14296/ac.v4i3.5621.

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The following article is based on a speech delivered by Justice Powell on 3 May 2023 on the challenges of applying the Marine and Coastal Area (Takutai Moana) Act 2011. Justice Powell discusses the background and history of the current legislation. He then considers the challenges of applying tikanga under the statutory tests for customary marine title and protected customary rights. Keywords: tikanga; customary rights; High Court of New Zealand.
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12

Glazebrook, Susan, and Mai Chen. "Tikanga and Culture in the Supreme Court." Amicus Curiae 4, no. 2 (March 6, 2023): 287–305. http://dx.doi.org/10.14296/ac.v4i2.5583.

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The following article is based on a speech delivered by Justice Glazebrook on two recent Te Kōti Mana Nui o Aotearoa/Supreme Court of New Zealand cases: Ellis v R (role of tikanga in the law of Aotearoa/New Zealand) and Deng v Zheng (cultural considerations). After a short introduction by Mai Chen, Justice Glazebrook introduces the background to these cases, their holdings and makes a few preliminary comments. She also links these recent developments with other judicial-led projects to address cultural considerations. Keywords: tikanga; cultural considerations; appeals; Supreme Court of New Zealand.
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13

Antunovich, Dana, Jordine Romana, Gwyn Lewis, Eva Morunga, and Debbie Bean. "The lived experience of chronic pain for Māori: how can this inform service delivery and clinical practice? A systematic review and qualitative synthesis." New Zealand Medical Journal 137, no. 1591 (March 8, 2024): 62–73. http://dx.doi.org/10.26635/6965.6271.

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aim: To synthesise the literature describing experiences of chronic pain and pain management for Māori, and to understand how this experience could inform service delivery and clinical practice. method: We systematically searched for qualitative research on Māori chronic pain experiences (Scopus, Medline, APA PsycINFO, NZ Research, Research Square). Data extracted were coded and synthesised using thematic analysis. results: Seven studies were included. Three themes encapsulated the data: 1) a multidimensional view of pain and pain management: Māori expressed a holistic and integrated understanding of the multiple factors that influence pain and its management, 2) a responsibility: respectful tikanga-informed care: the experiences of Māori participants with healthcare highlight a need for antiracist approaches, and a clinical responsibility to practice manaakitanga and tikanga, and 3) tino rangatiratanga: a desire for knowledge, choice and autonomy in pain management: Māori valued the empowering nature of knowledge about pain, and information and support to make decisions about treatment, including considerations regarding Western and traditional Māori medicine. conclusion: Health services need to understand and respect the multidimensional aspects of pain, minimise racism and discrimination, use whakawhanaungatanga, manaakitanga, and tikanga-informed practices, and provide appropriate information to support tino rangatiratanga for pain management.
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14

Stephens, Māmari. ""Kei A Koe, Chair!" – The Norms of Tikanga and the Role of Hui as a Māori Constitutional Tradition." Victoria University of Wellington Law Review 53, no. 3 (October 31, 2022): 463–506. http://dx.doi.org/10.26686/vuwlr.v53i3.8005.

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Hui and hui rūnanga, Māori decision-making gatherings, are vital in Māori constitutionalism. Hui demonstrate the practical exercise of tikanga Māori. There is a set of relatively stable Māori legal norms, derived from tikanga Māori, that can be seen at work in such hui-based decision-making. These norms (mana, tapu, whakapapa, whanaungatanga and rangatiratanga) serve to strengthen and demonstrate group processes. They arguably do not establish merely optional guidelines for group behaviour; they can serve to constrain decision-making. A case study set in a hui in a modern Māori urban context serves to demonstrate the exercise of such Māori legal norms in civic decision-making.
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15

Ruru, Jacinta. "First Laws: Tikanga Māori in/and the Law." Victoria University of Wellington Law Review 49, no. 2 (August 1, 2018): 211. http://dx.doi.org/10.26686/vuwlr.v49i2.5321.

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This address is the 10th Shirley Smith Memorial Lecture given in Wellington on 18 October 2017. It considers the possibility for the enhanced role of first laws – the laws of Indigenous peoples – within contemporary settler legal systems.
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16

Cleland, Alison. "Care of Children Act 2004: Continuation of Cultural Assimilation." Victoria University of Wellington Law Review 54, no. 3 (December 6, 2023): 669–98. http://dx.doi.org/10.26686/vuwlr.v54i3.8786.

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This article argues that the cultural assimilation of Māori family forms, originating in colonial private family laws, continues under the Care of Children Act 2004 (COCA). It finds that the opportunity to draft a law that was respectful of tikanga Māori and te Tiriti o Waitangi was lost when legislators ignored all the critiques of the operating principles and processes of the Pākehā legal system, provided by Māori during the 1980s and 1990s. The article argues that cultural assimilation continues through court decisions, since COCA principles require priority to be given to parents, with a corresponding marginalisation of whānau, hapū and iwi. The article concludes that incremental reform would be unlikely to achieve legislation that is fit for a bicultural Aotearoa New Zealand. It advocates for a transformational Māori-led family law reform process, guided by te Tiriti o Waitangi/the Treaty of Waitangi and by tikanga Māori.
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Taani, Paia. "Whāia te iti kahurangi, ki te tūohu koe me he maunga teitei: A journey of pursuing aspirations for bilingual tamariki." Teachers' Work 20, no. 2 (December 14, 2023): 170–75. http://dx.doi.org/10.24135/teacherswork.v20i2.598.

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My husband and I are parents of four beautiful bilingual tamariki. When our children started primary school, we chose the local school, which is very good but, at the time, the provision of te reo Māori and tikanga Māori was lacking. I am also a kaiako and academic within the realms of te reo Māori and tikanga Māori, particularly in the contexts of whānau and education. Informed by my dual role as parent and educator, this reflection shares some of our experiences throughout our children’s primary school years. I also highlight the challenges we faced in the pursuit of our aspirations. Utilising the Tātaiako: Cultural Competencies for Teachers of Māori Learners framework, I discuss the progress and shifts in attitudes regarding bicultural and bilingual teaching and learning (Education Council Aotearoa New Zealand & Ministry of Education, 2011). I conclude by sharing my vision for my future mokopuna.
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18

Kidd, Jacquie. "Māori Research(er) in Three Poems." Ethnographic Edge 2, no. 1 (October 18, 2018): 35. http://dx.doi.org/10.15663/tee.v2i1.35.

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These three poems re-present the findings from a research project that took place in 2013 (Kidd et al. 2018, Kidd et al. 2014). The research explored what health literacy meant for Māori patients and whānau when they accessed palliative care. Through face-to-face interviews and focus groups we engaged with 81 people including patients, whānau, bereaved loved ones, support workers and health professionals. The poems are composite, written to bring some of our themes to life. The first poem is titled Aue. This is a Māori lament that aligns to English words such as ‘oh no’, or ‘arrgh’, or ‘awww’. Each stanza of the poem re-presents some of the stories we heard throughout the research. The second poem is called Tikanga. This is a Māori concept that encompasses customs, traditions and protocols. There are tikanga rituals and processes that guide all aspects of life, death, and relationships. This poem was inspired by an elderly man who explained that he would avoid seeking help from a hospice because ‘they leave tikanga at the door at those places’. His choice was to bear his pain bravely, with pride, within his cultural identity. The third poem is called ‘People Like Me’. This is an autoethnographical reflection of what I experienced as a researcher which draws on the work of scholars such as bell hooks (1984), Laurel Richardson (1997) and Ruth Behar (1996). These and many other authors encourage researchers to use frustration and anger to inform our writing; to use our tears to fuel our need to publish our research.
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Dionisio, Rita, and Angus Hikairo Macfarlane. "Tikanga rua: Bicultural spatial governance in Aotearoa New Zealand." New Zealand Geographer 77, no. 2 (August 2021): 55–62. http://dx.doi.org/10.1111/nzg.12303.

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20

Broughton, John R., Herenia P. Lawrence, and Lisa Jamieson. "Tikanga Māori (Māori Customary Practices) in Oral Health Research." Journal of Health Care for the Poor and Underserved 27, no. 1A (2016): 101–9. http://dx.doi.org/10.1353/hpu.2016.0031.

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21

Mitchell, Kelly, and Vini Olsen-Reeder. "Tapu and noa as negotiators of Māori gender roles in pre-colonial Aotearoa and today." MAI Journal: A New Zealand Journal of Indigenous Scholarship 10, no. 2 (December 22, 2021): 84–92. http://dx.doi.org/10.20507/maijournal.2021.10.2.2.

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Tapu and noa are often cited as fundamentals by which we enact tikanga, promote well-being and divide labour. However, exactly how tapu informed precolonial gender divisions of labour is difficult to examine, mostly because of the pervasive influence Christianity has had on cosmological narratives, from which tapu derives (Mikaere, 2017; Rewi, 2010; Te Awekotuku, 1994). This article outlines some commentary on the relationship between tapu, gender roles and colonisation, and tries to extend that scholarship. We posit that the tikanga around tapu and noa in contemporary times may be more rigid than it was before, potentially a negative effect of cosmological colonisation. Furthermore, we suggest that precolonial labour may have been divided by the fundamentals of tapu, whereas in contemporary times it seems gender is the primary consideration. The centring (or recentring) of tapu in such conversations may be a worthy decolonisation avenue as we seek to empower Māori of all genders.
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22

Taiapa, Ken, Helen Moewaka Barnes, and Tim McCreanor. "Tension without tikanga: the damaging face of the treaty claims settlement system." AlterNative: An International Journal of Indigenous Peoples 17, no. 2 (June 2021): 317–25. http://dx.doi.org/10.1177/11771801211019123.

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In Aotearoa New Zealand, the arrival of imperial ideologies in the 19th century led to devastating land-loss and cultural marginalisation for Māori at the hands of settlers and successive governments. This article examines the damaging effects of a Crown-imposed treaty claims settlement system designed to address injustices inflicted on Māori. Interview data from a Taranaki-based (a West Coast region, central North Island of Aotearoa New Zealand) hapū (sub-tribe) that engaged with this system foreground the adversarial nature of this system and its continuation of trauma. We argue that, while the process provides voice to Māori, it does so within a paradigm that pits kin-groups against each other, unjustly limits redress and fails to resolve tension. A tikanga framing provides insights into how tensions are set up and ways tikanga (underlying values and principles that guide practice) can be used outside the redress system to seek healing and resolution.
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Siekiera, Joanna. "Konflikt norm pomiędzy maoryskim zwyczajem pochówku a nowozelandzkim prawem ustawowym." Acta Universitatis Lodziensis. Folia Iuridica 92 (September 10, 2020): 41–49. http://dx.doi.org/10.18778/0208-6069.92.03.

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Celem artykułu jest przedstawienie konfliktu norm w porządku prawnym Nowej Zelandii na podstawie zwyczajowego pochówku Maorysów (tangihanga). Konflikt pozostaje nierozwiązany, a dotyczy wielu obywateli. Prawo nowozelandzkie to hybryda zwyczajowych i religijnych norm pochodzących od rdzennej mniejszości maoryskiej i brytyjskiego systemu prawa precedensowego. Należy podkreślić, że zwyczajowe prawo Maorysów (tikanga) posiada de iure pozycję normy o charakterze ius cogens. Wszelkie orzeczenia sądów i trybunałów czy akty parlamentu w Wellington lub czynności administracyjne powinny być podejmowane zgodnie z tikanga. Dotyczy to również prawa cywilnego, w tym pochówku. W ostatnich latach toczyło się kilka postępowań cywilnych między osobami pochodzenia maoryskiego. Ustawa o pochówku i kremacji z 1964 roku była sprzeczna z wolą rdzennych testatorów. Jednak bardzo często te tradycyjne rytuały pogrzebowe są niezgodne ze standardami prawa stanowionego. Niniejszy artykuł jest zatem próbą wykazania trudności w prawie cywilnym Nowej Zelandii. Temat ten zyskał na znaczeniu wraz z większą świadomością społeczeństwa obywatelskiego i szerszymi możliwościami kontaktu (zarówno prawnego, jak i pozasądowego) z państwem.
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Mildon, Charlotte. "An Indigenous Approach to Māori Healing with Papatūānuku." Ata: Journal of Psychotherapy Aotearoa New Zealand 20, no. 1 (October 31, 2016): 11–17. http://dx.doi.org/10.9791/ajpanz.2016.02.

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This paper reveals the significance of the female role in the healing of mother nature (Papatūānuku) and all her progeny for Māori living in Aotearoa New Zealand. I discuss how understanding the synchronisation of the male and female energies can balance the spiritual health, wellbeing, and healing of Māori and their whānau (families). My own whakapapa that traverses back to the beginnings of time informs my methodology which acknowledges the wider whānau concept and links with both the living and the non-living ancestors of nature. These divine feminine descendants and spiritual guardians are identified as the essential foundation of traditional Māori healing. I examine the interconnectedness of Māori (ordinary, natural) people being a living consciousness with an innate ability to link in with the ancient mother energies of nature and all her progeny. The unconditional love of the ancient mother energies of nature are the spiritual source of healing for Māori and can be instrumental in balancing the natural order of the male and the female roles within the self, the whānau, and the wider whānau unit of mother nature. Waitara He whakaaturanga tā tēnei tuhinga i te tohu o te tūnga o te wahine i roto i ngā tumahu o Papatūānuku me ana uri katoa ki te Māori e noho nei i Aotearoa. Ka matapakihia e au mā te mātauranga mahitahitanga o te pūngao tāne me te pūngao wahine e whakarite te hauora wairua, te hauora me te tumahu o te Māori me ō rātau whānau. Ko tōku whakapapa e hoki nei ki te kore ki te tīmatanga o te wā te hua o taku tikanga mahi e whakaae ana ki te ariā whānau whānui ka whaiheretahi ki te hunga ora me te hunga mate o te ao tūroa. Ko ēnei hekenga māreikura kaitiaki wairua e tohua ana ko te tūāpapa o te tikanga tumahu Māori. Ka arotakehia e au te whakahononga o te iwi Māori koia nei te koiora mauri ora mau momo ki te hono atu ki a pūngao tūroa me ōna hekenga katoa. Ko te tuku aroha herekore o ngā pūngao tūroa te pūtaketanga o te tumahu mō te Māori; te mea hai whakarite i te paparangi o te tikanga tāne tikanga wahine rō whaiaro, rō whānau me te whānau whānui o te ao tūroa.
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Jones, Carwyn, and Taiarahia Black. "E Toru ngā Tauira mo te Hononga ki te Māori ki te Pākehā mo te Umanga Taha Ture." Victoria University of Wellington Law Review 39, no. 3 (November 3, 2008): 487. http://dx.doi.org/10.26686/vuwlr.v39i3.5472.

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Ki te kōrero tātau mo ngā hononga tōtika i waenganui i te Karauna me te Māori, kei te kōrero kē tātau mo te pūmautanga kaha ki te Tiriti o Waitangi. Ahakoa he aha ngā tautohe, ngā whakamārama mo te wāhanga Māori, wāhanga Pākehā o te Tiriti e pā ana ki ngā kupu “kāwanatanga” me te “sovereignty”ko te tino rangatiratanga kia noho pūmau. Ko te tino pūtake o ēnei wāhanga e rua kia āhei ngā hiahia o ngā taha ē rua, kia noho tahi mai i runga i āna tikanga, ā, kia kaua tētahi e aukati i tētahi. I te mea hoki e kuhu atu ana ngā tokorua iwi nei, Māori, Pākehā ki te rapu i te ōranga tonutanga e tū tahi ai rāua tahi. E toru ngā tauira mo te hononga ki te Māori ki te Pākehā taha ture: Taha Ture Tapa Toru ka tāea ahakoa iti nei te hononga kātahi, te Taha Tangata Whenua Ture, ko ngā tikanga ka tau mai no roto ake i te tangata whenua, kā rua, me te Taha Rua Ture kia hāngaia he taha ture mai i ngā taha ē rua.
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Ann Roche, Maree, Jarrod M. Haar, and David Brougham. "Māori leaders’ well-being: A self-determination perspective." Leadership 14, no. 1 (October 29, 2015): 25–39. http://dx.doi.org/10.1177/1742715015613426.

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This research draws on interviews with 18 Māori leaders from various leadership positions within business, community, political and marae organisations, to garner an understanding of how their leadership roles interact with their own well-being. Analysis of interviews revealed that cross-cultural developments in self-determination theory could be gained by incorporating Māori tikanga and values into a model of well-being for Māori leaders. Largely, the principles of tino rangatiratanga (autonomy and self-determination), mana (respect and influence), whānau (extended family), whakapapa (shared history) and whanaungatanga (kin relations, consultation and engagement), were united into a model of leader well-being. This ensured that mātauranga Māori (Māori knowledge) informed our model of Māori leader well-being, while also drawing on the burgeoning Western research in the area of well-being, specifically self-determination theory. Overall, we find that similarities exist with self-determination theory and Māori tikanga and values. However, in contrast to self-determination theory, autonomy and competence are developed within relationships, which means that ‘others’ underpin Māori leaders’ well-being. From this perspective, we present a view of the psychological and well-being resources that Māori leaders draw on to guide them through complex times.
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Taani, Paia. "Whakaritea te pārekereke: Teacher preparedness to teach te reo Māori speaking children in mainstream education settings." Teachers' Work 20, no. 1 (June 29, 2023): 19–36. http://dx.doi.org/10.24135/teacherswork.v20i1.362.

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It is essential that teachers are prepared to teach te reo Māori speaking children so that Māori tamariki enjoy equal and equitable opportunities to succeed as Māori (Education & Training Act, 2020). This article draws on research undertaken for my master’s degree which investigated teacher preparedness to teach te reo Māori speaking children in mainstream primary schools. Key findings included an awareness of how language and culture impact on identity and educational outcomes. Although participants acknowledged the absolute necessity that te reo Māori and tikanga Māori are included in all aspects of the education setting, they also reported that tikanga Māori is a more comfortable space to be in than te reo Māori as there were clear connections to their own values. Four key themes emerged from the findings which I promote in this paper as key factors for teacher readiness to teach reo Māori speaking children. These are: Kia rite (be prepared), Kia hono (be connected); Kia tātatiako (be culturally competent and responsive) and, Kia whakauruuru (be integrative). This article discusses the four factors listed above and implications for tamariki, their whānau, teachers and Initial Teacher Education (ITE) providers.
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Van Beekum, Servaas. "The Infinite Possibilities from the Ground." Ata: Journal of Psychotherapy Aotearoa New Zealand 17, no. 2 (December 1, 2013): 201–10. http://dx.doi.org/10.9791/ajpanz.2013.19.

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This article is a reflection on the Social Dreaming Matrix (SDM) sessions which were held at the 2013 NZAP Annual Conference at Orakei Marae in Auckland. It describes the context of this conference and reflects on the preparation and role of the three conveners, representing the bi- and multicultural dimensions which were explored at the Conference. As a psychoanalytic discovery and development, social dreaming values the concept of “we-ness” as a means of reaching collectively-held unconscious meaning in the social domain. The article reflects on some of the most central dreams presented in the SDM sessions and on subsequent associations from each of the three sessions. The attention in the work is on broadening the ground of the material presented in the dreams and in the associations to the dreams. The SDM leaves it to the participants to energise around their own chosen figures. Waitara He whakaatanga tēnei tuhinga i ngā wāhanga riro i te Hāpori Tauira Moemoeā (Social Dreaming Matrix) i te Hui-ā-tau a te NZAP 2013 i Orākei i Tāmaki-makau-rau. E whakaatu ana i te horopaki o te hui, ngā whakahaere whakarite me ngā mahi a ngā kaiwhakahaere tokotoru, ngā māngai mō ngā āhuatanga tikanga rua tikanga maha i arotakehia ake i te hui. Hei tā te kaitātari hinengaro kitenga, whanaketanga hoki, he uara nui te ia o te “tātou-tātou” hei ara neinei atu ki te puringa-whānui o te tikanga mauri moe i roto i te huinga hāpori. Ka whakaaro te tuhinga ki ētahi o ngā moemoeā matua i whakaarahia ake i roto i ngā wāhanga moemoeā me ētahi wāhanga puta mai i te hui. Ko te aronga o te mahi ko te whakawhānui i te tūāpapa o ngā rauemi kōrerohia mai i ngā moemoeā me ngā whakapānga atu ki aua moemoeā. E waiho ana mā tēnā, mā tēnā e whakahihiko ake huri haere ake ngā āhua whakaritea e rātou.
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Fitzmaurice-Brown, Luke. "Te Rito o Te Harakeke: Decolonising Child Protection Law in Aotearoa New Zealand." Victoria University of Wellington Law Review 53, no. 4 (January 31, 2023): 507–42. http://dx.doi.org/10.26686/vuwlr.v53i4.8089.

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It is now firmly established that the overrepresentation of tamariki Māori within the Aotearoa New Zealand child protection system is largely a consequence of colonisation. However, at least as far as the Crown is concerned, the contention that decolonisation is a necessary step in reversing those trends remains a more controversial issue. Drawing on my doctoral research into this topic, this article argues that the child protection system must be decolonised, and that efforts towards reform which do not prioritise decolonisation are likely to perpetuate long-standing harms. The article has four goals. First, I examine why decolonisation provides the best framework through which to enact child protection system reform. Secondly, I identify three overarching themes within the current legal framework, but argue that the presence of these themes does not mean they are all given equal weight. Thirdly, I outline a theory of reform I have termed "kaupapa Māori legal theory", which seeks to enable legislative change based on tikanga Māori in a way which pays heed to the risks of doing so from a Māori perspective. Finally, I apply that theory to child protection law, identifying six tikanga principles which could provide the basis of a decolonised system: mana, rangatiratanga, wānanga, whānau, whakapapa and whanaungatanga.
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Alexander, Mihili. "The “other Other” perspective." Ata: Journal of Psychotherapy Aotearoa New Zealand 26, no. 1 (July 30, 2022): 39–51. http://dx.doi.org/10.9791/ajpanz.2022.03.

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Aotearoa New Zealand is a bicultural nation, yet home to peoples of many different ethnicities. Among the many immigrants to these shores are a growing number of non-indigenous ethnic minority psychotherapists. This article draws on findings from a small qualitative study with four non-indigenous ethnic minority psychotherapists practicing and residing in Aotearoa New Zealand, to explore and understand their lived experiences. Additionally, current literature is drawn upon to supplement findings and to reflect on what it means for non- indigenous ethnic minorities to encounter and exist within a bicultural sphere. He iwi tikanga rua a Aotearoa Niu Tīreni, ahakoa tonu he kāinga ki te mātawaka. Kai roto i te manene maha ki tēnei whenua, e rahi haere ake ana nga kaiwhakaora hinengaro manene iwi hauiti. He tirohanga tā tēnei tuhinga ki ngā hua puta ake i tētahi mātai ine kounga i waenga i ētahi kaiwhakaora hinengaro manene hauiti tokowhā e mahi ana e noho ana i Aotearoa Niu Tīreni kia kite kia mātau ki ō rātau wheako koiora. I tua atu ka honoa atu ngā tuhinga o ēnei rā hai kīnaki i ngā hua, ka āta whai whakaaro ai hoki he pēhea tēnei āhua ki ngā iwi ehara i te tangata whenua , ā, he iwi hauiti ki te tuki ki te whaiora i roto i te awe o tikanga ruatanga.
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Muriwai, Emerald, and Marewa Glover. "Smoking, Not Our Tikanga: Exploring representations of Māori and smoking in national media." MAI Journal: A New Zealand Journal of Indigenous Scholarship 5, no. 1 (June 13, 2016): 33–47. http://dx.doi.org/10.20507/maijournal.2016.5.1.3.

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Eruera, Moana. "He kōrari, he kete, he kōrero." Aotearoa New Zealand Social Work 24, no. 3-4 (July 8, 2016): 12–19. http://dx.doi.org/10.11157/anzswj-vol24iss3-4id103.

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Weaving together traditional Māori knowledge from the past with our current practice realities of the present as a guide for the provision of tangata whenua supervision for the future. Körari as it is known in Te Tai Tokerau, commonly called flax or harakeke, is an important natural resource our tūpuna used for a range of purposes. Kōrari contains healing qualities and one of its practical uses both traditionally and today is weaving, and in particular weaving kete. Kete are symbolic in our whakapapa stories about the pursuit and application of knowledge and the tikanga used for weaving contain important stories, principles and practices that can guide us in our mahi and our lives.
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Taani, Paia. "WHAKAPAPA: Our ways of knowing, being and doing." MAI Journal: A New Zealand Journal of Indigenous Scholarship 11, no. 2 (December 23, 2022): 117–27. http://dx.doi.org/10.20507/maijournal.2022.11.2.3.

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The beauty of te ao Māori is the pragmatic fluidity of many of our concepts. Generally employed to explain our genealogical links and connections to land, whakapapa can also be applied within the context of rangahau to organise, structure, analyse and understand information, experiences and relationships. This article introduces Te Waka Pounamu, a whakapapa-based framework developed as a methodological research model for my doctoral studies. Included in the whakapapa framework is a tikanga Māori model I have named Te Tuamaka. This model is the practical aspect of the theoretical whakapapa framework in that it guides and supports the ways my rangahau will be carried out. The following discussion introduces and demonstrates how Te Waka Pounamu and Te Tuamaka promote Māori ways of knowing, being and doing as valid methodological approaches to rangahau.
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Tudor, Keith, Garry Cockburn, Joan Daniels, Josie Goulding, Peter Hubbard, Sheila Larsen, Brenda Levien, et al. "Reflexive theory." Ata: Journal of Psychotherapy Aotearoa New Zealand 17, no. 1 (September 30, 2013): 27–54. http://dx.doi.org/10.9791/ajpanz.2013.03.

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Abstract Western – and Northern – psychology and psychotherapy stand accused of an over emphasis on the individual, ego, and self (“the Self”), autonomy, and self-development. These criticisms have been made from other intellectual, cultural, social, spiritual and wisdom traditions, but may also be found in critical and radical traditions within Western thought. In this article, exponents of ten different theoretical orientations within or modalities of psychotherapy reflect on one or two key aspects of their respective theories which, together, offer a holistic conception of the person; account for family/social/cultural context; provide an understanding of the human trend to homonomy (or belonging) alongside autonomy; articulate a relational understanding of human development, attachment to and engagement with others; and emphasise spirit, group, and community. As such, these psychotherapies – and critiques of Western psychotherapy – offer a wider vision of the scope and practice of psychotherapy and its relevance in and to Aotearoa New Zealand. Whakarāpopoto E tū ana te whakapae, e kaha rawa ana te whakapau wā ki te takitahi a te whakaora hinengaro o te Uru me te Raki i te takitahi, te whakaī, me te whaiaro (“te Whaiaro”), tino rangatiratanga, me te whanaketanga whaiaro. I ara ake ana ēnei kūrakuraku i ētahi atu tikanga hinengaro, ahurea, hapori, wairua, me te mātauranga, engari ka kitea anō hoki i roto i ngā tikanga arohaeheanga rerekē hoki o te whakaarohanga Taiuru. Kei tēnei kōrero, ko ngā tauira o ngā ariā tekau āhua mau ki roto, ki te āhua rānei o te kaiwhakaora hinengaro e whakaata ana i tētahi, ētahi tirohanga rānei o ā rātou ake aria, ā, ngātahi e tuku ariā tapeke ana o te tangata; whakaaturanga horopaki whānau/hāpori; whakarato moohiotanga o te ia o te tangata ki te whakaōrite (whai tūrangawaewae rānei) i te taha o te tino rangatiratanga. Ki te whakapapa mātauranga whakapā ki te ira tangata, tōna whakapiri ki me te whakapiri ki ētahi atu hoki, ā, ka whakatāpua wairua, rōpū, hāpori hoki. Koia rā, ko ēnei kaiwhakaora hinengaro – paearu kaiwhakaora hinengaro o te Uru – e tuku tirohanga whānui ana o te matapae me te mahi a te kaiwhakaora hinengaro me ana whakapaanga katoa i Aotearoa nei.
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Mahuika, Nēpia, and Rangimārie Mahuika. "Wānanga as a research methodology." AlterNative: An International Journal of Indigenous Peoples 16, no. 4 (November 4, 2020): 369–77. http://dx.doi.org/10.1177/1177180120968580.

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Wānanga is a traditional method of Māori knowledge transmission, and has been described as a place, a school, an act, and a form of governance, practice, and pedagogy. Much of the writing on wānanga focuses on the ancient “lore” of Whare Wānanga (Houses of Learning), but more recent work has explored how that pedagogical tradition is relevant to Māori education today, particularly at tertiary level. There is, however, a growing body of writing on wānanga as a research methodology relevant to Māori and iwi (tribal) communities. This paper discusses the increasingly popular use of wānanga in Māori research practice, examining the definitions, roots, and evolution of wānanga as a concept, place, and indigenous method of knowledge construction and transmission. Drawing on wānanga experiences in two different tribal contexts, this paper explores how wānanga works as a practice embedded in, and shaped by, local knowledge, language, place, people and tikanga.
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Dell, Kiri, Te Mihinga Komene, Natasha Tassell-Matamua, Pikihuia Pomare, and Bridgette Masters-Awatere. "Te ara o te moa: Patua te ngāngara e kai ana i ngā rākau taketake o Aotearoa." MAI Journal: A New Zealand Journal of Indigenous Scholarship 11, no. 1 (November 23, 2022): 34–39. http://dx.doi.org/10.20507/maijournal.2022.11.1.3.

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He taonga tūturu ngā rākau taketake o Aotearoa. Engari, ka matemate haere ētahi o ngā rākau taonga kei te ngahere, nā te ngāngara e kai ana, ko waikura mētera tētahi, ko mate kauri tētahi atu. Nō reira, ko te kaupapa o te tuhinga nei ki te kohikohi i ngā kōrero hei whakamārama atu i ēnei tū māuiuitanga o ngā rākau taketake. Ko te whakatakotoranga e whai ake nei, ka whai i ētahi pou hei kārawarawa i tēnei tuhinga. E whā ēnei pou; tuatahi—ko te whakamārama i te tikanga o te rangahau nei; tuarua—ka āta tirohia ngā mate e rua e ngau ana i te rākau; tuatoru—ka āta tirohia ngā kōrero tawhito mō ngā rākau o te wao, me te pātai, he aha ngā mātauranga Māori hei whāinga mā tātou ki te huarahi o te ora? Ko te tuawhā—ko ngā kitenga whakamutunga.
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Reweti, Angelique. "DEVELOPING A KAUPAPA WHĀNAU FRAMEWORK TO SOCIAL, CULTURAL AND HEALTH BENEFITS OF A WHĀNAU-INSPIRED INITIATIVE." MAI Journal: A New Zealand Journal of Indigenous Scholarship 11, no. 2 (December 23, 2022): 128–39. http://dx.doi.org/10.20507/maijournal.2022.11.2.4.

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Placing whānau at the centre of research design and delivery empowers whānau to take ownership of their own narrative while leveraging and extending their existing resources and knowledge systems. This article outlines the development of a kaupapa whānau research framework developed by whānau involved in a whānau-inspired initiative at their marae. Conducted in accordance with whānau principles, the research was guided by a tikanga approach to ensure that the experience was mana enhancing for all engaged. The conceptualisation of the kaupapa whānau framework reflects kōwhaiwhai from within the wharenui o tūpuna Parewahawaha and introduces concepts of whakapapa, wairua, kia whakatōmuri te haere whakamua, wānanga, and mana ake as guiding principles for conducting research alongside whānau. The framework emphasises the importance of being able to work alongside one’s own whānau by creating and using a research framework built around whānau worldviews and what they value.
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Salmond, Anne. "Where Will the Bellbird Sing? Te Tiriti o Waitangi and ‘Race’." Policy Quarterly 18, no. 4 (November 6, 2022): 3–25. http://dx.doi.org/10.26686/pq.v18i4.8019.

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This article investigates deep philosophical differences between the complex relational networks that underpin te Tiriti o Waitangi as originally written, debated and signed by the rangatira of various hapū and British officials in New Zealand in 1840, and the canonical re-framing of the Treaty as a binary ‘partnership between races’, or ‘between the Crown and the Maori race’, in the 1987 ‘Lands’ case judgment by the Court of Appeal, at the height of the neo-liberal revolution in New Zealand.After exploring comparative analyses of the colonial origins and uses of the idea of ‘race’, and the risks associated with binary framings of citizenship by race, ethnicity or religion in contemporary nation states, the article asks whether relational thinking and institutions – including tikanga and marae – might not offer more promising ways of understanding and honouring te Tiriti o Waitangi, and fostering cross-cultural experiments in Aotearoa New Zealand.
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Porter, Tesa, Clem Le Lièvre, and Ross Lawrenson. "Why don’t patients with diagnosed diabetes attend a free ‘Get Checked’ annual review?" Journal of Primary Health Care 1, no. 3 (2009): 222. http://dx.doi.org/10.1071/hc09222.

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Introduction : A key strategy for improving the management of patients with diabetes is the provision of a free annual review ‘Get Checked’. Although it is known that certain patients do not attend these free reviews, little is known about the barriers. METHODS: A group of patients with diabetes who had not attended an annual review in the previous two years were identified and sent questionnaires asking about the barriers to attending. Non-respondents where followed up with a telephone call. Barriers were thematically analysed. FINDINGS: 26/68 patients identified patients responded (38%). Key issues identified included difficulty with transport, conflict with work and lack of motivation. There were differences in responses between Maori and non-Maori. CONCLUSION: Recommendations include more emphasis in recognising Maori tikanga (culture), more flexible provision of services to allow working patients to attend and increased emphasis on reminders for patients. KEYW ORDS: Diabetes mellitus; Maori; family practice; barriers
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Zepke, Nick. "Thinking strategically in response to New Zealand's tertiary education strategy: The case of a Wānanga." Journal of Management & Organization 15, no. 1 (March 2009): 110–21. http://dx.doi.org/10.1017/s1833367200002911.

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AbstractThis paper describes commissioned research on how a Wānanga, a Maori focused post school institution in New Zealand, perceived its strategic options following the publication of the Labour-led government's Tertiary Education Strategy 2007–2012 and the Statement of Education Priorities 2008–10 (Ministry of Education 2006). The research used a Delphi panel process that looks for consensus answers to specific research questions: How should the Wānanga respond to the policies sketched in the Tertiary Education Strategy and the Statement of Education Priorities? What is the range of issues that may need to be addressed as a result of this new policy framework? What options does the Wānanga have in addressing these issues? The Delphi process enabled a clear set of priorities to be established: provide quality teaching and learning reflecting Māori values and practices; develop a consistent internal philosophy based on tikanga and āhuatanga Māori; and provide second chance education for Māori and other learners.
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Zepke, Nick. "Thinking strategically in response to New Zealand's tertiary education strategy: The case of a Wānanga." Journal of Management & Organization 15, no. 1 (March 2009): 110–21. http://dx.doi.org/10.5172/jmo.837.15.1.110.

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AbstractThis paper describes commissioned research on how a Wānanga, a Maori focused post school institution in New Zealand, perceived its strategic options following the publication of the Labour-led government's Tertiary Education Strategy 2007–2012 and the Statement of Education Priorities 2008–10 (Ministry of Education 2006). The research used a Delphi panel process that looks for consensus answers to specific research questions: How should the Wānanga respond to the policies sketched in the Tertiary Education Strategy and the Statement of Education Priorities? What is the range of issues that may need to be addressed as a result of this new policy framework? What options does the Wānanga have in addressing these issues? The Delphi process enabled a clear set of priorities to be established: provide quality teaching and learning reflecting Māori values and practices; develop a consistent internal philosophy based on tikanga and āhuatanga Māori; and provide second chance education for Māori and other learners.
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42

Ruwhiu, Pirihi Te Ohaki (Bill), Leland Ariel Ruwhiu, and Leland Lowe Hyde Ruwhiu. "To Tatou Kupenga: Mana Tangata supervision a journey of emancipation through heart mahi for healers." Aotearoa New Zealand Social Work 20, no. 4 (July 17, 2017): 13–34. http://dx.doi.org/10.11157/anzswj-vol20iss4id326.

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This journey of critically exploring Mana Tangata supervision has drawn together the diverse styles, stories and analyses of three generations of tane from the Ruwhiu whanau. This is our journey within to strengthen without – ‘E nohotia ana a waho, kei roto he aha’. Pirihi Te Ohaki (Bill) Ruwhiu (father, grandfather and great grandfather) frames the article by highlighting the significance of wairuatanga, whakapapa and tikanga matauranga Maori – a Maori theoretical and symbolic world of meaning and understanding that informs mana enhancing engagements within the human terrain. Leland Lowe Hyde (son, grandson and father-to-be) threads into that equation the significance of ‘ko au and mana’ (identity and belonging) that significantly maps personal growth and development. Leland Ariel Ruwhiu (son, father and grandfather) using pukorero and nga mohiotanga o te ao Maori me te ao hurihuri weaves these multi dimensional reasonings into a cultural net (Te Kupenga) reflecting indigenous thinking around Mana Tangata supervision for tangata whenua social and community work practitioners.
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43

Hollis-English, Awhina. "Theories in Māori social work: Indigenous approaches to working with and for indigenous people." Aotearoa New Zealand Social Work 27, no. 4 (November 8, 2017): 5–15. http://dx.doi.org/10.11157/anzswj-vol27iss4id432.

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Māori social work practice has been developed upon a strong foundation of indigenous knowledge, theories and values. Theories can be used to validate social work practice and to build and enhance the engagement between workers and whānau. This article describes some Māori social work theories and how they have developed both within the social work world and that of neighbouring professions. A number of theories have been described by Māori social workers from across Aotearoa as the foundations for their social work practice. Theoretical discourse in the world of Māori social workers enables one to grow and develop their practice, leaning on ancestral knowledge and valuing the skills that are gained through understanding tikanga in a contemporary context. Through enhancing one’s knowledge of Te Ao Māori and evidence-based practice, social workers can use, develop and create Māori theories in a social work context for the benefit of Māori whānau and communities.
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44

Lipsham, Marjorie. "Taiao and Mauri Ora. Māori understandings of the environment and its connection to wellbeing." MAI Journal: A New Zealand Journal of Indigenous Scholarship 12, no. 2 (September 1, 2023): 181–92. http://dx.doi.org/10.20507/maijournal.2023.12.2.7.

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Kawharu (1998), in her seminal work on kaitiakitanga, discussed it as a relatively recent word, brought into being during the development and consultations around the Resource Management Act 1991. Since that time, kaitiakitanga has become an accepted and widely used term to discuss Māori responsibilities and obligations concerning land, water, wāhi tapu and treasures of consequence, or taonga. It is considered an environmental and sustainability ethic employed by Māori to protect and care for all parts of our earth and universe (Forster, 2012, 2019; Henwood & Henwood, 2011; Kawharu, 2002; Mataamua & Temara, 2010; Muru-Lanning, 2016; Mutu, 2010; Ruru et al., 2011; Te Aho, 2011; Waitangi Tribunal [Wai 262], 2011). This article draws on research undertaken for the study Kaitiakitanga: Māori Experiences, Expressions, and Understandings (Beverland, 2022). The main study provided an opportunity to pose two main pātai related to kaitiakitanga: How do we, as Māori, experience, express and understand kaitiakitanga? What mātauranga and tikanga have informed our knowing?
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45

Tupaea, Morgan, Jade Le Grice, and Fern Smith. "INVISIBLISED COLONIAL NORMS AND THE OCCLUSION OF MĀTAURANGA MĀORI IN THE CARE AND PROTECTION OF TAMAITI ATAWHAI." MAI Journal: A New Zealand Journal of Indigenous Scholarship 11, no. 2 (December 23, 2022): 91–102. http://dx.doi.org/10.20507/maijournal.2022.11.2.1.

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Maori children are uplifted by the New Zealand government at disproportionate rates compared with tauiwi children. The removal of tamariki from culturally embedded networks exacerbates intergenerational trauma created by colonisation. Placements into unsafe contexts mean that additional instances of harm and cumulative trauma are common, and tamaiti atawhai are not positioned within fullness of their cultural being. This article draws on a broader Kaupapa Māori project involving semistructured interviews with kaiāwhina Māori across the North Island. Using thematic analysis, this article discusses collisions between settler-colonialism and Māori culture experienced by kaiāwhina. State disengagement with Māori culture poses harm to Māori staff and constrains the utility of tikanga Māori through the unquestioned dominance of Eurocentric approaches while enacting harm upon whānau. This work positions radical structural overhaul of existing state care systems as imperative while seeking to illuminate elements of settler-colonialism that prevent care and protection systems from incorporating mātauranga Māori.
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46

Charvin-Fabre, Sandrine, Tess Moeke-Maxwell, Ottilie Stolte, and Ross Lawrenson. ""Before it is too late": Life, death, street performance and homelessness in Aotearoa New Zealand." Ethnographic Edge 6, no. 2 (November 6, 2023): 5–26. http://dx.doi.org/10.24135/ee.v6i2.241.

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This article examines the creation of ‘Before It Is Too Late’, a collaborative performance project created with the Peeps- short for Peoples- living on the streets of Aotearoa, New Zealand, who identify as Māori (Indigenous New Zealanders). The Peeps face profound, persistent, unjust inequalities, inequitable mortality rates, and devaluation of their lives by the wider community. The performance project is centred on the Peeps’ perspectives and is informed by whanonga pono (Māori values) and tikanga (customs), the principles of community-based research, relational ethics, and critical performance ethnography. The project aims to initiate a conversation with health professionals to improve the quality of care provided and to ensure greater respect and dignity in relation to the death of Māori homeless people. We present the drama Before It Is Too Late that has resulted from this collaboration with the Peeps to open a transformative space for their voices, experiences, priorities, and rights to be heard and acknowledged.
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Hohepa, Margie, Linda Tuhiwai Smith, and Stuart McNaughton. "Te Kohanga Reo Hei Tikanga Ako i te Reo Maori: Te Kohanga Reo as a context for language learning." Educational Psychology 12, no. 3-4 (January 1992): 333–46. http://dx.doi.org/10.1080/0144341920120314.

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48

ZAZZALI, PETER. "Culture, Identity and Actor Training: Indigeneity in New Zealand's National Drama School." Theatre Research International 46, no. 1 (March 2021): 70–88. http://dx.doi.org/10.1017/s0307883320000590.

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How can indigeneity be understood through training actors in a colonial context? Do ‘Western’ acting schools misrepresent and exploit indigenous practices and cultural traditions towards reinforcing the settler state? Or does a given school's integration of such praxis and customs demonstrate inclusivity, equity and progressivism? At what point does incorporating indigeneity in actor training become a tokenistic appropriation of marginalized cultures? Drawn from fieldwork as a 2019 Fulbright scholar at Toi Whakaari, New Zealand's National Drama School, I intersect training with culture and society. Using the Acting Program as a case study, I deploy an ethnographic methodology to address the aforementioned questions by investigating Toi Whakaari's bicultural pedagogy while positioning it as a reflection of New Zealand's national identity. I especially explore the school's implementation of Tikanga Māori, the practices and beliefs of the country's indigenous peoples. I argue that while some questions remain, Toi Whakaari integrates Māori forms in a manner that is culturally responsible and pedagogically effective, thereby providing a model from which other drama schools can learn.
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Coad, Samuel. "Digitisation, Copyright and the Glam Sector: Constructing a Fit-For-Purpose Safe Harbour Regime." Victoria University of Wellington Law Review 50, no. 1 (June 3, 2019): 1. http://dx.doi.org/10.26686/vuwlr.v50i1.5551.

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Copyright law does not currently align with the legitimate activities of galleries, libraries, archives and museums (GLAMs). The GLAM sector plays a central role in collecting and promoting access to cultural works. Increasingly, GLAM institutions are employing innovative digital technologies to expand access to culture and foster greater levels of cultural participation. Despite the utility underlying digitisation, copyright limits the use of digital technologies within the GLAM sphere. This article examines current copyright limitations and demonstrates copyright's significant limiting effect. It argues that reform is necessary to strengthen the right to participate in cultural life and to remedy harms inflicted by the current copyright regime. Creating a fit-for-purpose safe harbour would empower institutions to employ digitisation within a framework of reasonable copyright constraints. Accordingly, this article constructs a potential safe harbor that permits non-commercial GLAM digitisation, while also protecting copyright holders and tikanga Māori. The Copyright Act 1994 is currently under review. New Zealand ought to seize the present reform opportunity to invigorate participation in cultural life and enrich the cultural fabric of society.
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Ruth, Annie. "Welcome to Thebes: Process and methodology of intercultural theatre." Studies in South Asian Film & Media 4, no. 2 (October 1, 2012): 201–9. http://dx.doi.org/10.1386/safm.4.2.201_1.

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Community, purpose, context and an anchored presence in encountering difference – these are qualities stimulated by tikanga Māori frameworks as an approach to theatre. Viewpoints-based choreography contributes attention to time and space, playfulness, and ensemble connection. Both value the audience’s contribution as an integral part of the work through the immediacy of a real-time meeting. Together they provide a framework for setting up a dialogical performance environment in which a cast, drawn from all over India, are able to bring their traditions, psychologies, gestural languages and beliefs into the work. The choreographic approach allows extant text and body text an independence that is constantly negotiated, constantly changing and surprising. These frameworks hold a combination of the artistically fixed and the improvisationally free. Both encourage agency in all collaborators. These qualities make them powerful and repeatable tools for engagement with the present. They treat the audience as participating guests, moving their engagement from passive to active. The effect of this framing is performance that is filled with a sense of ‘alive-li-ness’ in an approach that is applicable in the Indian context.
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