Academic literature on the topic 'Waitangi Tribunal'

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Journal articles on the topic "Waitangi Tribunal"

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CANT, GARTH. "Waitangi: Treaty and Tribunal." New Zealand Journal of Geography 89, no. 1 (May 15, 2008): 7–12. http://dx.doi.org/10.1111/j.0028-8292.1990.tb00281.x.

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Boast, Richard P. "The Waitangi Tribunal in the Context of New Zealand’s Political Culture and Historiography." Journal of the History of International Law 18, no. 2-3 (April 13, 2016): 339–61. http://dx.doi.org/10.1163/15718050-12340062.

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One of the most elaborate systems of investigation into any nation’s colonial past is New Zealand’s Waitangi Tribunal, first set up in 1975, and which has now issued over 100 major reports on all aspects of the history of Maori interaction with the colonial state. The Waitangi Tribunal also exemplifies some particular features of the legal history of the Treaty of Waitangi, which in New Zealand has become seen as semi-constitutional text which forms an internal standard for legal investigations and for negotiation of redress. Current developments in New Zealand are highly consistent with long-established state practice, where relationships between the state and Maori have always been a matter of legal and political importance. Although the Waitangi Tribunal has some features in common with truth commissions in other countries, in many ways it is quite different from them.
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Andrew, Jessica. "Administrative Review of the Treaty of Waitangi Settlement Process." Victoria University of Wellington Law Review 39, no. 2 (September 1, 2008): 225. http://dx.doi.org/10.26686/vuwlr.v39i2.5460.

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This paper looks at administrative review of the negotiation and settlement process for Treaty of Waitangi historical claims. The foundation is an analysis of the current treatment of these claims within the political arena, the Waitangi Tribunal and the courts. This includes a detailed analysis of the effectiveness of political and Waitangi Tribunal responses, and a hard look at the validity of the courts' continued stance that Treaty settlement cases are non-justiciable.Due to the non-binding nature of its recommendations, the effectiveness of the Waitangi Tribunal depends largely on the existence of political buy-in from the Executive and political branches of government. Analysis of the evidence illustrates that this buy-in is lacking. Despite the intensity of Waitangi Tribunal scrutiny in this area, very few meaningful outcomes are being achieved. Finally, the discussion of the courts' response to Treaty settlement claims looks closely at the concept of non-justiciability and the courts' continued application of broad precedents without meaningful analysis. This paper argues that a thorough understanding of the cases brought before the courts illuminates differences between those precedents being applied and the cases now being heard. Declaring a case non-justiciable has serious consequences and should not be done lightly.
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Herd, Ruth Ann. "WAI 1909 – The Waitangi Tribunal Gambling Claim." Critical Gambling Studies 2, no. 2 (September 28, 2021): 141–50. http://dx.doi.org/10.29173/cgs91.

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In 2008, I lodged a claim with the Waitangi Tribunal in regard to problem gambling and its negative impacts on Māori people. The Tribunal is tasked with hearing grievances related to Te Tiriti o Waitangi (The Treaty of Waitangi) signed in 1840 between Māori and the British Crown. It is a historical claim focused on the lack of adequate protection of taiohi Māori (young people of Māori descent) and the intergenerational harm caused by problem gambling among their whānau, hapū, iwi (extended families and relatives) and urban Māori communities. However, this begs the question how can a Treaty claim improve the health outcomes of a generation of taiohi Māori who have been exposed to commercial gambling and its aggressive and targeted expansion and marketing? This paper frames the WAI-1909 claim as a Kaupapa Māori (Māori research approach) derived from the research of three wahine toa (warrior women) supporting the claim; and refers to epistemological standpoints of Māori women working in the gambling research space. I demonstrate how the gambling claim challenges the New Zealand government to honour the promises in the articles of Te Tiriti o Waitangi and to protect the rights of its citizens, especially taiohi Māori. The WAI-1909 gambling claim concludes that whilst the New Zealand Gambling Act (2003) includes a public health approach to problem gambling, it has not adequately addressed the rights of tangata whenua (Māori, the first people of Aotearoa/New Zealand) under Te Tiriti o Waitangi.
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Blumhardt, Hannah. "Multi-textualism, 'Treaty Hegemony' and the Waitangi Tribunal: Making Sense of 19th Century Crown-Māori Negotiations in Te Urewera." Victoria University of Wellington Law Review 43, no. 2 (July 2, 2012): 263. http://dx.doi.org/10.26686/vuwlr.v43i2.5034.

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Between 1894 and 1896 the Crown conducted negotiations with Tūhoe which culminated in the 1895 Urewera Agreement and the Urewera District Native Reserve Act 1896. This article considers the constitutional implications of these negotiations and the resulting agreement and legislation. Adopting a 'multi-textual' conception of New Zealand legal history, and paying heed to the fact that Tūhoe did not sign the Treaty of Waitangi, the article argues that the Crown-Tūhoe relationship should be grounded predominantly in the 1895–1896 Agreement rather than the Treaty of Waitangi. In making this argument the article critiques the Waitangi Tribunal’s approach to these particular points in the first two pre-publications of its Te Urewera Report. The article argues that in finding that the Crown-Tūhoe negotiations and agreement signalled the beginning of a relationship based upon the Treaty of Waitangi, the Waitangi Tribunal erred in its approach.
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Loveday, Peter. "The Waitangi tribunal in New Zealand." Politics 24, no. 2 (November 1989): 53–65. http://dx.doi.org/10.1080/00323268908402090.

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Boast, Richard. "Lawyers, Historians, Ethics and the Judicial Process." Victoria University of Wellington Law Review 28, no. 1 (March 2, 1998): 87. http://dx.doi.org/10.26686/vuwlr.v28i1.6090.

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The calls on an advocate's loyalty in court are several and sometime's conflicting. In this article Richard Boast observes that in tribunals, and particularly the Waitangi Tribunal, these conflicts are often magnified. He then proceeds to critique, partly from his own experiences, the role of both lawyers and historians in such a forum, concluding that the increased tensions are largely due to changes in the procedures in the Tribunal incident on the pressure from clients to see their causes vigorously pursued.
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Roberts, Evan. "The Waitangi Tribunal and New Zealand History." History: Reviews of New Books 33, no. 2 (January 2005): 79. http://dx.doi.org/10.1080/03612759.2005.10526520.

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Newbury, Colin. "The Waitangi Tribunal and New Zealand History." English Historical Review 120, no. 489 (December 1, 2005): 1469–71. http://dx.doi.org/10.1093/ehr/cei469.

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McClean, Robert. "The Waitangi Tribunal and New Zealand History." New Zealand Geographer 62, no. 2 (August 2006): 167–68. http://dx.doi.org/10.1111/j.1745-7939.2006.00062.x.

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Dissertations / Theses on the topic "Waitangi Tribunal"

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Keenan, Lauren, and n/a. "Maori perspectives and the Waitangi Tribunal : the 1996 Taranaki report." University of Otago. Department of History, 2005. http://adt.otago.ac.nz./public/adt-NZDU20070504.110209.

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This thesis assesses the extent to which the 1996 Waitangi Tribunal report "Taranaki Report Kaupapa Tuatahi" allowed for and took heed of Maori forms of telling history. In particular, this thesis examines whether the Tribunal reconciles the differences between a Maori perspective and the Western university tradition, or if Maori history is manipulated by the Tribunal process. Due to the nature of the Waitangi Tribunal, as well as its empowering statute, the extent to which it may incorporate the Maori history within its reports is limited, it does not incorporate other means by which Maori tell their histories. The Waitangi Tribunal process, however, has had an unforseen outcome: the compilation and preservation of a fantastic historical primary source detailing Maori history. It is imperative that this resource not go unrecognised, and that these primary sources are able to be accessed by researches with an interest in Taranaki Maori
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Kay-Gibbs, Meredith, and n/a. "Are New Zealand Treaty of Waitangi settlements achieving justice? : the Ngai Tahu settlement and the return of Pounamu (greenstone)." University of Otago. Department of Political Studies, 2002. http://adt.otago.ac.nz./public/adt-NZDU20070518.111541.

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Achieving �justice� is the overriding aim of the Treaty settlement process. This process was established to resolve Maori historical grievances against the New Zealand Crown for alleged breaches of the Treaty of Waitangi. Because historical injustices involve the interactions of cultures over time, justice in the Treaty settlement process is shaped, and constrained, by two main factors: �culture� and �time�. The settlement of Ngai Tahu�s historical grievances, and in particular the return of pounamu as part of the settlement, achieved a large measure of this limited kind of justice. The Ngai Tahu settlement and the return of pounamu suggest that Treaty settlements are achieving, and may continue to achieve, a large measure of the justice available in the Treaty settlement process. Examination of the return of pounamu to Ngai Tahu reveals, however, that new injustices may have been created in the Ngai Tahu settlement. These new injustices are critically analysed, and recommendations for maximising justice in the Treaty settlement process are suggested. If Treaty settlements are to achieve the maximum justice available in the Treaty settlement process, the Treaty partners must heed the warning signs arising from the possible creation of new injustices in the Ngai Tahu settlement.
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Down, Sarah. "Māori and Minerals: Debating Rights." Phd thesis, Canberra, ACT : The Australian National University, 2018. http://hdl.handle.net/1885/149166.

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The last decade has seen the government in Aotearoa New Zealand place greater economic focus on exploiting mineral resources. As a result, the matter of Māori rights and interests in relation to these resources is of increased relevance and has become a highly charged national issue. The Waitangi Tribunal (‘Tribunal’) has released a number of reports since 1991 that discuss and make recommendations on Māori rights in relation to various mineral resources including pounamu (greenstone), petroleum and gold. This thesis critically analyses the jurisprudence and associated discourse developed by the Tribunal regarding Māori rights and interests in relation to minerals. The Tribunal’s reports are currently underexplored, yet are vital to understanding the issues, complexities and obstacles associated with claims to mineral rights, not only for Māori but for other Indigenous peoples. This is because the inconsistent approaches and recommendations produced by the Tribunal highlight different ways in which arguments about Māori rights in relation to minerals can be conceived and constructed. The core focus of this thesis is on identifying the legal arguments by which Māori claims to minerals rights in each of the Tribunal reports have been considered, recognised, limited, and/or transformed. This thesis then analyses how the Crown responded to the Tribunal’s reports, and how the Crown and iwi have engaged with each other and the Tribunal over the matter of mineral rights through the Treaty settlement process and the review and subsequent amendment of the primary legislation governing minerals, the Crown Minerals Act 1991 (CMA). In so doing, this thesis provides a picture of Māori rights in relation to minerals, and highlights the unresolved issues between Māori and the Crown through the lens of the Tribunal and its discourse.
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Peters, Murray Hamaka. "The confiscation of Pare Hauraki: The impact of Te Ao Pākehā on the Iwi of Pare Hauraki Māori; on the whenua of Pare Hauraki 1835-1997 and The Foreshore and Seabed Act 2004." The University of Waikato, 2007. http://hdl.handle.net/10289/2366.

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Kia mau ki te rangatiratanga o te Iwi o Hauraki Just as the whakataukī explains Hold fast to the power and authority of the Hauraki tribes the focus of this study is to examine and evaluate the impact of Te Ao Pākehā on Pare Hauraki lands and Tīkapa Moana under the mana of Pare Hauraki Māori and Pare Hauraki tikanga. The iwi of Pare Hauraki have land claims through the, (Wai 100) and the Hauraki Māori Trust Board, before the Waitangi Tribunal highlighting whenua issues and their impact on Pare Hauraki iwi. Also relevant is the foreshore and seabed issue which is documented leading on to the infamous Foreshore and Seabed Act 2004, (for Māori anyway), sparking widespread opposition by Māori throughout the country, and other supportive non-Māori groups because of the issue concerning Māori kaitiiakitanga and guardianship roles. This investigation will commence by outlining the histories of discovery and settlement of Pare Hauraki, the concept of mana-whenua/mana-moana as it applies to Pare Hauraki Māori and our tikanga, and then to subsequent issues leading to land alienation of the early 19th to late 20th cenutries and then to the foreshore issue of the early 21st Century. This research will include information showing that before 1840 to Te Tiriti o Waitangi and thereafter that Pākehā and various Crown agents, through legislation claimed the rights to the lands, waterways and oceanic areas under the kaitiakitanga of my tupuna of Pare Hauraki. Tupuna and other iwi members have expressed their disgust seeing the mana of their traditional lands, waterways, oceanic areas and kaitiaki roles slipping away from them through these activities. Therefore, this thesis is a response to those issues and the impact on (a), Māori as a people, and our tikanga Māori and (b), Pare Hauraki Māori as the kaitiaki/guardians of the Pare Hauraki rohe/territory in accordance with tikanga Māori, and the significance of the responsibilities which arise out of the Māori concepts of kaitiakitanga, manaakitanga and rangatiratanga.
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Malcolm-Buchanan, Vincent Alan. "Fragmentation and Restoration: Generational Legacies of 21st Century Māori." The University of Waikato, 2009. http://hdl.handle.net/10289/2797.

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The content of this thesis is premised on a reflexive examination of some historical juxtapositions culminating in critical aspects of being Māori in the twenty first century and how such aspects have informed contemporary indigenous identity. That is, the continuing acknowledgement and exponential public recognition of critical concepts which inextricably link indigenous and civic identity. The theoretical sources for this research are, in the main, derived from anthropological and religious studies, particularly on the significance of mythologies and oral histories, as well as from the oral theorising of elders in Aotearoa New Zealand. A very significant contribution from one such elder, a senior Māori woman academic, has been included in the form of the transcript of an interview. She herself had collected the views of a number of elders on myth, creating a rare and valuable resource. In the interview she married her reflections on these with her own experiences and her cogent analyses. From the outset, it was necessary to be discerning so as to ensure the thesis workload was manageable and realistic. For this reason the selected critical aspects that have been used to frame this research are (1) a developing Western validation (that is, acknowledgement and respect) of Māori, Māori culture and their mythology; (2) oral history (genealogy) and traditions that have remained constant despite the influences of modernity; and (3) notions of fluidity, negotiation and pragmatism regarding kinship legacies and cultural heritage. The thesis is comprised of six chapters starting from a subjective narrative leading through increasingly objective discourses that culminate in a conclusion which supports a belief that modern Māori require a balancing of critical aspects of cultural heritage, with a broad understanding of the world of the 'other', in order to realise and develop their contemporary indigenous identity. Ultimately, indigenous ideologies, practices and knowledge recorded and examined in the world of academia today, become potential resources for tomorrow. The intention of this research is to aggregate and discuss intrinsic aspects of the Māori past as well as developing aspects of the present, in order to better understand the significance of the future, and to add to the growing corpus of indigenous worldviews.
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Tait, Myra J. "Examining the provisions of section 87 of the Indian Act as a means to promote economic participation and treaty implementation." 2017. http://hdl.handle.net/1993/32202.

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Canadian courts, despite recognition in the Canadian Constitution, 1982 that treaties are to govern the Crown-Aboriginal relationship, continue to develop principles of interpretation that narrow Aboriginal and treaty rights, including the taxation provisions of the Indian Act. In Robertson, the Federal Court of Appeal, building on Mitchell v Peguis, articulated a “historic and purposive” analysis, by reliance on a distinctive culture test and an ascribed protection rationale, thereby abrogating the fundamental treaty relationship. As a means to fuller implementation of the spirit and intent of Treaties, taxation provisions must be interpreted in a treaty-compliant manner. The potential for economic participation through a proposed “urban reserve” on the Kapyong Barracks in Winnipeg, Manitoba, as part of a Treaty 1 settlement, is discussed as a case study, and compared with similar developments in New Zealand, under a Waitangi Tribunal settlement, as an example of treaty compliance in economic development.
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Books on the topic "Waitangi Tribunal"

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Boast, Richard, and Wilson Isaac. Waitangi Tribunal advocacy intensive. Wellington, N.Z.]: New Zealand Law Society, Family Law Section and Property Law Section, 2011.

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H, Oliver W. Claims to the Waitangi Tribunal. Wellington, N.Z: Waitangi Tribunal Division, Dept. of Justice, 1991.

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Temm, Paul. The Waitangi Tribunal: The conscience of the nation. Auckland, N.Z: Random Century, 1990.

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Shoebridge, Tim. Waitangi Tribunal bibliography, 1975-2005: Tribunal reports, research reports and other publications. Wellington, N.Z: Waitangi Tribunal, 2006.

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Minogue, Kenneth R. Waitangi: Morality and reality. Wellington, N.Z: New Zealand Business Roundtable, 1998.

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Tribunal, New Zealand Waitangi. Business strategy: For the provision of services to the Waitangi Tribunal. Wellington, N.Z: Dept. for Courts, 1997.

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O'Regan, Tipene. New myths and old politics: The Waitangi Tribunal and the challenge of tradition. Wellington, New Zealand: Bridget Williams Books Limited, 2014.

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Zealand, New. Crown proposals for the settlement of Treaty of Waitangi claims. Wellington: Office of Treaty Settlements, Dept. of Justice, 1995.

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Stokes, Evelyn. Te Raupatu o Tauranga Moana =: The confiscation of Tauranga lands ; a report prepared for the Waitangi Tribunal. Hamilton, N.Z: University of Waikato, 1990.

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An unsettled history: Treaty claims in New Zealand today. Wellington, N.Z: Bridget Williams Books, 1999.

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Book chapters on the topic "Waitangi Tribunal"

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Boast, Richard. "Waitangi Tribunal Procedure." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 53–66. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_5.

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Sharp, Andrew. "The Trajectory of the Waitangi Tribunal." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 195–206. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_15.

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Melvin, Geoff. "The Jurisdiction of the Waitangi Tribunal." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 15–28. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_2.

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Phillipson, Grant. "Talking and Writing History: Evidence to the Waitangi Tribunal." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 41–52. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_4.

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Ward, Alan. "History and Historians before the Waitangi Tribunal." In The Shaping of History, 114–28. Bridget Williams Books, 2001. http://dx.doi.org/10.7810/9781877242175_7.

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Hamer, Paul. "A Quarter-century of the Waitangi Tribunal: Responding to the challenge." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 3–14. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_1.

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"The Waitangi Tribunal: a Treaty Relationship at Work." In International Yearbook for Legal Anthropology, Volume 12, 140–51. Brill | Nijhoff, 2004. http://dx.doi.org/10.1163/9789047406945_009.

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Dawson, John. "The Remedies Reports." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 125–38. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_10.

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Hayward, Janine, and Richard T. Price. "Indian Treaties and Land Claims in Canada." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 139–53. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_11.

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Fletcher, Debra. "Australian Native Title." In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, 154–67. Bridget Williams Books, 2004. http://dx.doi.org/10.7810/9781877242328_12.

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