To see the other types of publications on this topic, follow the link: Waitangi Tribunal.

Journal articles on the topic 'Waitangi Tribunal'

Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles

Select a source type:

Consult the top 50 journal articles for your research on the topic 'Waitangi Tribunal.'

Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.

You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.

Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.

1

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
2

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
3

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
4

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
5

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
6

Loveday, Peter. "The Waitangi tribunal in New Zealand." Politics 24, no. 2 (November 1989): 53–65. http://dx.doi.org/10.1080/00323268908402090.

Full text
APA, Harvard, Vancouver, ISO, and other styles
7

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.

Full text
Abstract:
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.
APA, Harvard, Vancouver, ISO, and other styles
8

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
9

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
10

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.

Full text
APA, Harvard, Vancouver, ISO, and other styles
11

Joseph, Paul. "Maori and the Market: The Waitangi Tribunal." Race & Class 41, no. 4 (April 2000): 59–80. http://dx.doi.org/10.1177/0306396800414001.

Full text
APA, Harvard, Vancouver, ISO, and other styles
12

Warbrick, Paerau. "Commentary: A cause for nervousness: The proposed Māori land reforms in New Zealand." AlterNative: An International Journal of Indigenous Peoples 12, no. 4 (December 2016): 369–79. http://dx.doi.org/10.20507/alternative.2016.12.4.3.

Full text
Abstract:
This commentary reflects upon the major Māori land reforms in te Ture Whenua Māori Bill (2016). The reforms implement more bureaucracy and replace some mechanisms used by the Māori Land Court to protect against Māori land loss. The Waitangi Tribunal, which has dealt with Māori grievances over land loss for over 30 years, issued a critical report in March 2016 along with recommendations about the reforms. That report was largely ignored by the New Zealand Government. This commentary contains a review of the literature on Māori land to date, as it helps to understand the ideas behind the Tribunal's report as well as the reforms. There is also an examination of the main points made by the Waitangi Tribunal, as well as aspects of te Ture Whenua Māori Bill (2016). The overall conclusion is that the Māori people should be very nervous about the reforms for their lands.
APA, Harvard, Vancouver, ISO, and other styles
13

Chabot, Marie-France. "Le Tribunal Waitangi et les droits des autochtones." Les Cahiers de droit 32, no. 1 (April 12, 2005): 59–85. http://dx.doi.org/10.7202/043066ar.

Full text
Abstract:
La question est de savoir si nous disposons actuellement d'institutions adéquates pour aboutir à une définition des droits des peuples autochtones du Canada qui satisfasse ces derniers et leur rende justice. Plus particulièrement, il faut se demander si le fait que nos tribunaux soient uniquement constitués de juges provenant de la société dominante, dont la culture juridique repose sur des bases différentes de celles des peuples autochtones, ne constitue pas une lacune fondamentale lorsqu'il s'agit d'interpréter des textes bilatéraux, dont les deux signataires ne participent ni de la même conception de la propriété foncière ni de la même philosophie des droits et du droit. Pour jeter un éclairage sur cette question complexe, l'auteure a jugé utile d'étudier une institution néo-zélandaise, le Tribunal Waitangi. Cette institution tout à fait originale est composée pour moitié de représentants des tribus Maoris et pour moitié de représentants de la culture dominante anglo-saxone blanche. Le tribunal a pour mandat de recevoir et de traiter toutes les plaintes et réclamations provenant des autochtones et fondées sur le Traité de Waitangi datant du début de la colonie. Il ne rend pas décision finale mais dispose de divers moyens d'action, de moyens procéduraux innovateurs et d'une assez grande crédibilité tant auprès des autochtones qu'auprès de la Couronne. Quoique datant seulement de 1975, cette institution a déjà reçu ses lettres de noblesse. Établissant donc un parallèle entre la problématique néo-zélandaise et canadienne en matière autochtone, l'auteure défend l'utilité de l'institution étudiée pour traiter de la situation des autochtones en Amérique du Nord et solutionner certaines impasses.
APA, Harvard, Vancouver, ISO, and other styles
14

Stokes, Evelyn. "The treaty of Waitangi and the Waitangi tribunal: Maori claims in New Zealand." Applied Geography 12, no. 2 (April 1992): 176–91. http://dx.doi.org/10.1016/0143-6228(92)90006-9.

Full text
APA, Harvard, Vancouver, ISO, and other styles
15

Stephens, Māmari. "Taonga, Rights and Interests: Some Observations on WAI 262 and the Framework of Protections for the Māori Language." Victoria University of Wellington Law Review 42, no. 2 (August 1, 2011): 241. http://dx.doi.org/10.26686/vuwlr.v42i2.5135.

Full text
Abstract:
In October 2010 the Waitangi Tribunal released the first chapter of its long-awaited report of the WAI 262 enquiry into indigenous flora and fauna and Māori intellectual property. This chapter focuses on aspects of the claim relating to the Māori language and critiques the development of Māori and Crown generated initiatives to protect and revitalise te reo Māori, including the Māori Language Strategy (Te Rautaki Reo Māori). The Tribunal argues that the Crown must ultimately become Māori speaking. Consideration of this report and the legal protections in place for the Māori language reveals a framework that is incoherent, and largely incapable of achieving the Tribunal's goal, or even of fully protecting what the Tribunal described as "a taonga of quite transcendent importance".
APA, Harvard, Vancouver, ISO, and other styles
16

Johnson, Miranda. "Book Review: The Waitangi Tribunal and New Zealand History." Law, Culture and the Humanities 2, no. 1 (February 2006): 136–38. http://dx.doi.org/10.1191/1743872106lw040xx.

Full text
APA, Harvard, Vancouver, ISO, and other styles
17

Wishart, David. "Belated Justice? The Indian Claims Commission and the Waitangi Tribunal." American Indian Culture and Research Journal 25, no. 1 (January 1, 2001): 81–111. http://dx.doi.org/10.17953/aicr.25.1.17232830172q5108.

Full text
APA, Harvard, Vancouver, ISO, and other styles
18

Morris, Ewan. "History Never Repeats? The Waitangi Tribunal and New Zealand History." History Compass 1, no. 1 (January 2003): **. http://dx.doi.org/10.1111/1478-0542.029.

Full text
APA, Harvard, Vancouver, ISO, and other styles
19

Alberti, Verena. "Tradição oral e usos da memória: o caso do Tribunal de Waitangi, Nova Zelândia." Anos 90 14, no. 26 (December 17, 2007): 19–39. http://dx.doi.org/10.22456/1983-201x.5387.

Full text
Abstract:
Em 1840 foi assinado, na Nova Zelândia, então colônia da Inglaterra, o Tratado de Waitangi, entre a Coroa britânica e mais de quinhentos chefes maori. Em seus três artigos, o documento, escrito em inglês e traduzido para o maori por missionários britânicos, determinava que os maori cederiam o governo da região à Grã-Bretanha, tendo garantido seu direito a terras, florestas e áreas pesqueiras. Na história da Nova Zelândia, contudo, o tratado acabou se constituindo em letra morta, e os maori foram perdendo suas terras, ficando confinados a regiões pouco férteis. Nos anos 1970, uma série de fatores levou a mobilizações dos maori, que culminaram na criação do Tribunal de Waitangi, em 1975, instância na qual podem ser denunciadas ações ou omissões da coroa, inclusive após a independência da Nova Zelândia, que tenham rompido as promessas do Tratado de 1840. No julgamento, as “provas orais”, ou seja, a tradição oral dos grupos que reivindicam um território ou o direito a uma atividade econômica, desempenham papel importante.
APA, Harvard, Vancouver, ISO, and other styles
20

Moon, Paul. "Reviews of Books:The Waitangi Tribunal and New Zealand History Giselle Byrnes." American Historical Review 110, no. 2 (April 2005): 457–58. http://dx.doi.org/10.1086/531347.

Full text
APA, Harvard, Vancouver, ISO, and other styles
21

Angelo, AH. "Personality and Legal Culture." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 395. http://dx.doi.org/10.26686/vuwlr.v26i2.6174.

Full text
Abstract:
The interaction of Maori law and the European based state law of New Zealand has given rise to much discussion and political debate. The contemporary focus has been primarily on the Treaty of Waitangi and the work of the Waitangi Tribunal. Public interest has been attracted by the property aspects of Treaty claims and by their justness, but there has been less public interest in the Maori cultural aspects of claims. In particular, the cultural importance of some claims has been masked by concerns about the resource value involved. This article seeks to redirect attention to an aspect of the Maori cultural meaning involved where claims concern taonga, and it suggests further that coherence of claims settlements may in some cases be advanced by reference to the concept of personality.
APA, Harvard, Vancouver, ISO, and other styles
22

Dominy, Michele D. "New Zealand's Waitangi Tribunal: Cultural Politics of an Anthropology of the High Country." Anthropology Today 6, no. 2 (April 1990): 11. http://dx.doi.org/10.2307/3033004.

Full text
APA, Harvard, Vancouver, ISO, and other styles
23

Williams, David V. "Ko Aotearoa Tenei: Law and Policy Affecting Maori Culture and Identity." International Journal of Cultural Property 20, no. 3 (August 2013): 311–31. http://dx.doi.org/10.1017/s0940739113000143.

Full text
Abstract:
AbstractIn July 2011 what is commonly known as the Wai 262 Report was released. After a protracted series of hearings, dating back to 1997, the New Zealand Waitangi Tribunal has at last reported on the some of the wide range of issues canvassed in those hearings. Three beautifully illustrated volumes contain a large number of recommendations in what is described as a whole-of-government report. This article notes earlier comments on Wai 262 in this journal and reframes what is often known as the ‘Maori renaissance’ from which this claim emerged in 1991. The Tribunal decided not to discuss historical aspects of the evidence presented, except for the Tohunga Suppression Act 1907, as this was not ‘an orthodox territorial claim’ allowing the Crown to negotiate with iwi for a Treaty Settlement. Of great significance for this readership, the Tribunal staunchly refused to entertain any discussion of ‘ownership’ claims to Maori cultural property. Rather, the Tribunal focussed on ‘perfecting the Treaty partnership’ between the two founding peoples of Aotearoa New Zealand. Its report is concerned with the future and with the Treaty of Waitangi when the nation has moved beyond the grievance mode that has dominated the last quarter century. The partnership principles are pragmatic and flexible. Very seldom indeed can Maori expect to regain full authority over their treasured properties and resources. The eight major topics of the chapters on intellectual property, genetic and biological resources, the environment, the conservation estate, the Maori language, Maori knowledge systems, Maori medicines and international instruments are briefly summarised. The author is critical of this Tribunal panel's timidity in refusing to make strong findings of Treaty breach as the basis for practical recommendations—the approach usually adopted in previous Tribunal reports on contemporary issues. The article then notes that the Wai 262 report featured significantly in 2012 hearings on Maori claims to proprietary rights in freshwater resources. It featured not to assist the freshwater claimants, however, but as a shield wielded by the Crown to try to deny Maori any remedy.The low bar of partnership consultations encouraged by the Wai 262 report was congenial for Crown counsel seeking to undermine Maori claims to customary rights akin to ‘ownership’ of water. The 2012 Tribunal panel, under a new Chief Judge, restrictively distinguished the Wai 262 report and found in favour of Maori rights to water. In conclusion, the article notes the irony of a government following neo-liberal policies in pursuing a privatisation strategy and yet relying on ‘commons’ rhetoric to deny Maori any enforceable rights to water; and of indigenous people arguing for ownership property rights to frustrate that government's policies.
APA, Harvard, Vancouver, ISO, and other styles
24

Catalinac, Amy L. "The Establishment and Subsequent Expansion of the Waitangi Tribunal: the Politics of Agenda Setting." Political Science 56, no. 1 (June 2004): 5–22. http://dx.doi.org/10.1177/003231870405600102.

Full text
APA, Harvard, Vancouver, ISO, and other styles
25

Mutu. "The Treaty Claims Settlement Process in New Zealand and its Impact on Māori." Land 8, no. 10 (October 15, 2019): 152. http://dx.doi.org/10.3390/land8100152.

Full text
Abstract:
This article considers research conducted on the impact of the Crown’s treaty claims settlement policy on Māori in New Zealand. It provides a brief background to the Treaty of Waitangi and the subsequent British colonisation process that relied on the Doctrine of Discovery in breach of the treaty. It outlines how colonisation dispossessed Māori of 95 percent of their lands and resources, usurped Māori power and authority and left them in a state of poverty, deprivation and marginalisation while procuring considerable wealth, prosperity and privilege for British settlers. The work of the Waitangi Tribunal, the commission of inquiry set up to investigate those breaches, is considered, as is the Crown’s reaction to the 1987 Lands case in developing its treaty claims settlement policy. The Crown unilaterally imposed the policy despite vehement opposition from Māori. Since 1992, it has legislated more than seventy ‘settlements’. The research shows that overall, the process has traumatised claimants, divided their communities, and returned on average less than one percent of their stolen lands. Proposals for constitutional transformation have drawn widespread support from Māori as a solution to British colonisation. United Nations treaty-monitoring bodies have recommended that the government discuss this with Māori.
APA, Harvard, Vancouver, ISO, and other styles
26

Theron, Liesle. "Healing the Past: A Comparative Analysis of the Waitangi Tribunal and the South African Land Claims System." Victoria University of Wellington Law Review 28, no. 2 (May 1, 1998): 311. http://dx.doi.org/10.26686/vuwlr.v28i2.6071.

Full text
Abstract:
Land is of great social and economic importance in both New Zealand and South African society. The large scale dispossession of the indigenous people in both countries has had drastic consequences for them. The attempts that are being made to address these grievances, and thereby reverse the effects of past injustices, reflect the current political situation in each country. This article is concerned with claims for restitution and the institutions designed to facilitate them - the Waitangi Tribunal and the South African Land Claims Commission and Land Claims Court - and investigates which aspects of such mechanisms are effective and what lessons they have to offer.
APA, Harvard, Vancouver, ISO, and other styles
27

Kapa-Kingi, Eru. "Kia Tāwharautia Te Mātauranga Māori: Decolonising the Intellectual Property Regime in Aotearoa New Zealand." Victoria University of Wellington Law Review 51, no. 4 (December 17, 2020): 643. http://dx.doi.org/10.26686/vuwlr.v51i4.6701.

Full text
Abstract:
This article explores ways to decolonise aspects of the intellectual property system in Aotearoa New Zealand, primarily in respect of trade marks. It considers the seminal Wai 262 report of the Waitangi Tribunal and builds upon its findings and recommendations, while also offering new ideas of legal reform for protecting mātauranga Māori (Māori knowledge and expertise) from undue exploitation. This article also measures those ideas against the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as well as other internationally recognised rights. Essentially, this article maintains that for any mechanism to be effective in recognising and upholding the tino rangatiratanga (unqualified self-determination) of Māori over their own mātauranga, that mechanism must be founded upon the principles of tikanga Māori (Māori laws and customs), which is a notion crystallised within the Treaty of Waitangi/Te Tiriti o Waitangi. It must also find its own meaningful place in the law of New Zealand that surrounds us today. It is only in this way that the extractive and thereby oppressive binds of the western intellectual property regime can be unpicked and put aside and the tapu (high status and associated sanctity) of mātauranga can be upheld. These words are also an honouring of those who spent countless hours on the Wai 262 report. It is hoped this article gives new and much needed life to the issue of protecting mātauranga Māori, which is still as relevant today as it was then. Kei aku rangatira, kei aku tapaeru, kei aku whakaruakākā, tēnei e ngākau whakaiti nei (an acknowledgement of all those who took part in Wai 262).
APA, Harvard, Vancouver, ISO, and other styles
28

Scheele, Sue. "Safeguarding seeds and Maori intellectual property through partnership." International Journal of Rural Law and Policy, no. 2 (April 4, 2016): 1–9. http://dx.doi.org/10.5130/ijrlp.i2.2015.4628.

Full text
Abstract:
The Nagoya Protocol is a recent binding international instrument that articulates the need to recognise the rights of indigenous peoples regarding their biological resources and cultural knowledge and strengthens the mechanisms to do so. New Zealand has not signed this protocol because of the overriding importance of the Treaty of Waitangi in New Zealand’s domestic affairs, and the need to ensure that government options are not limited concerning the development of domestic policy on access to biological resources. In particular, policy makers and legislators are waiting for the government response to a 2011 Waitangi Tribunal report (Ko Aotearoa Tēnei) on a far-reaching and complex claim (WAI 262) concerning the place of Māori traditional knowledge, culture and identity in contemporary New Zealand law and government policies and practice. Especially pertinent to this paper is the report’s section on Māori rights relating to biological and genetic resources. In accordance with the recommendation within Ko Aotearoa Tēnei, the principle of partnership, built on the explicit Treaty premise of Crown and Māori as formal equals, is presented here as the overarching framework and mechanism by which government agencies and Māori can work together to safeguard such resources. Core concepts and values are elucidated that underpin the Māori relationship to indigenous flora and fauna and are integral to the protection of cultural knowledge of seeds and plants. Examples are given of plant species regarded as taonga (treasures) and how they are conserved, and a case study is presented of institutional stewardship of harakeke (New Zealand flax) weaving varieties. Seed bank facilities are also evaluated regarding their incorporation of Māori values and rights under the Treaty of Waitangi.
APA, Harvard, Vancouver, ISO, and other styles
29

Marriner, Brooke. "Disclosure of Origin in the Patents Regime: A Call to Shift towards Meaningful Engagement on Māori Terms." Victoria University of Wellington Law Review 51, no. 4 (December 17, 2020): 715. http://dx.doi.org/10.26686/vuwlr.v51i4.6702.

Full text
Abstract:
In September 2018, the Ministry of Business, Innovation and Employment (MBIE) recommended that New Zealand introduce a "disclosure of origin" requirement for patent applicants. Disclosure of origin was also recommended by the Waitangi Tribunal in 2011. If applicants were required to disclose the origin of genetic resources or traditional knowledge used, interested iwi and hapū groups would more easily be able to monitor the use of their resources and oppose patents being granted, and decide whether to challenge or oppose the grant. It would also allow more patent applications to be identified as relating to Māori interests and subsequently be referred to the Patents Māori Advisory Committee (PMAC) in the examination process. This article examines the potential for a disclosure of origin requirement in New Zealand, assessing appropriate design elements and objectives.
APA, Harvard, Vancouver, ISO, and other styles
30

Alistar, Kata. "Review: The other side of the Tūhoe raids." Pacific Journalism Review 21, no. 2 (October 31, 2015): 192. http://dx.doi.org/10.24135/pjr.v21i2.131.

Full text
Abstract:
Kata, Alistar. (2015). The other side of the Tūhoe raids. Pacific Journalism Review, 21(2): 192-194. Review of The Price of Peace [documentary], directed by Kim Webby. English and Te Reo Māori. 2015, 87min. www.nziff.co.nz/2015/auckland/the-price-of-peace/Most New Zealanders will remember when Tūhoe activist Wairere Tame Iti shot the national flag, during a powhiri ceremony, at a Waitangi Tribunal Hearing in 2005. New Zealanders will also remember when Iti, along with three others, was tried and found guilty of firearms charges as part of what the media coined, the ‘Urewera Four’ (Gay, 2012) trial. The man with a full facial Tā moko is regarded throughout the mainstream media as somewhat of a rebel, and by the state as a ‘dangerous proto-terrorist intent on infecting New Zealand’ (Hill, 2012).
APA, Harvard, Vancouver, ISO, and other styles
31

Bryers-Brown, Tarapuhi, and Catherine Trundle. "Indigenizing military citizenship: remaking state responsibility and care towards Māori veterans’ health through the Treaty of Waitangi." AlterNative: An International Journal of Indigenous Peoples 13, no. 1 (March 2017): 43–50. http://dx.doi.org/10.1177/1177180117695410.

Full text
Abstract:
How does militarism reshape indigenous peoples’ relationships with settler states? In this article, we explore how military service both opens up and forecloses avenues for indigenous groups to claim new modes of responsibility, care and relationality from the state. Through a discussion of New Zealand Māori nuclear test veterans’ recent legal claims through the Waitangi Tribunal, we detail the range of ways that Māori veterans utilize and rework ethnic identity categories to encompass wider notions of citizenship, care and responsibility, and challenge neoliberal models of reparations. Claimants argue that their ongoing wellbeing sits at the centre of their partnership with the state, revealing how uneasily the Māori military body fits within mainstream logics of Treaty claim-making. Seeking healthcare and wellbeing here does not demand greater autonomy or independence, but requires ongoing interdependence, practices of care and attention to ongoing intergenerational obligations that, like radiation harm, have no clear endpoints.
APA, Harvard, Vancouver, ISO, and other styles
32

Te Rire, Rev Hone, and Steve Taylor. "Children of the Waters: Whirlpools, Waiora, Baptism and Missio Dei." Mission Studies 37, no. 1 (May 18, 2020): 5–28. http://dx.doi.org/10.1163/15733831-12341694.

Full text
Abstract:
Abstract From space, the Pacific glitters in ocean blue. What might the world’s largest ocean contribute to missio Dei? A spiral methodology is used to trace connections between the baptism of Jesus, early Christian art, recent legal (Treaty of Waitangi Tribunal) research and indigenous knowing, including ocean voyaging, ancestor understandings of whirlpools, Māori water rites and oral history of river beings (taniwha). The argument is that indigenous Oceanic (Māori) understandings of water, in conversation with baptismal narratives, present missio Dei as an immersion in God. Mission is located not in the activity of the church – and hence mission expansion as part of European colonisation – but in the being and becoming of God. Creation and redemption are interconnected and an environmental ethic is expected. Children of the waters (ngā tamariki o te Moana nui a Kiwa) listen to creation’s voice (taniwha speaking) and act for the life (waiora) of water.
APA, Harvard, Vancouver, ISO, and other styles
33

Bargh, Maria. "Book Review: Giselle Byrnes, The Waitangi Tribunal and New Zealand History (Melbourne: Oxford University Press, 2004), paperback NZ$65.00." Political Science 56, no. 1 (June 2004): 80–81. http://dx.doi.org/10.1177/003231870405600109.

Full text
APA, Harvard, Vancouver, ISO, and other styles
34

Barrett, Jonathan. "Time to Look Again? Copyright and Freedom of Panorama." Victoria University of Wellington Law Review 48, no. 2 (October 2, 2017): 261. http://dx.doi.org/10.26686/vuwlr.v48i2.4740.

Full text
Abstract:
Copyright grants exclusive rights to authors of qualifying works. However, the Copyright Act 1994 permits reproduction, communication and commercial exploitation of certain artistic works which are on permanent public display. This exclusion from copyright, which is widely referred to as "freedom of panorama", is distinguishable from other permitted uses which tend to be narrow in scope and commonly manifest an element of fair dealing. Like other corresponding provisions of British heritage copyright legislation, New Zealand's freedom of panorama exclusion is significantly wider than comparable permitted uses in other jurisdictions. This article examines freedom of panorama in New Zealand. Note is taken of the Waitangi Tribunal report Wai 262, which considered among other issues the protection of Māori cultural treasures within the intellectual property law system. As points of comparison, selected overseas approaches to freedom of panorama are outlined. This article questions whether the current exclusion strikes an appropriate balance between competing rights and interests.
APA, Harvard, Vancouver, ISO, and other styles
35

Burns, Edgar A. "Overcoming dualistic pedagogy: reframing Māori–Pākehā histories for New Zealand students." AlterNative: An International Journal of Indigenous Peoples 14, no. 3 (July 2, 2018): 209–17. http://dx.doi.org/10.1177/1177180118783006.

Full text
Abstract:
Decades of social and political contention have challenged Pākehā (White) understanding of Māori Indigenous history in New Zealand from a simplistic them-and-us. Non-dualistic pedagogies in the classroom are required to deepen and embed such fundamental structural change in people’s minds. The teaching practice described here non-confrontationally engages students still constructing dualistic Pākehā identities in New Zealand. A simple class exercise visually combines modern and pre-modern examples with Māori and Pākehā categories. By creatively assembling and re-interpreting familiar socio-historical pieces of information using the table, previous assumptions are reframed in the classroom. Exclusive or non-reflexive White narratives were increasingly challenged after the 1975 Land March, the 1981 rugby tour and establishing the Treaty of Waitangi Tribunal 1975/1985. A new generation’s learning requires recognition of binarised you or us “facts” and new framing. Otherwise, merely “adding on” Māori information in the old dualistic fashion leaves unchanged dominant White narratives of modernisation, settler colonisation, and racialised beliefs of superiority.
APA, Harvard, Vancouver, ISO, and other styles
36

Palmer, Geoffrey. "Can Judges Make a Difference? The Scope for Judicial Decisions on Climate Change in New Zealand Domestic Law." Victoria University of Wellington Law Review 49, no. 2 (August 1, 2018): 191. http://dx.doi.org/10.26686/vuwlr.v49i2.5320.

Full text
Abstract:
Political decision-making is at the heart of decisions on both mitigation and adaptation for climate change. While the norms are established internationally, they must be translated into domestic law in order to have bite. The making and enforcement of domestic law in many areas of environmental protection are frequently less than optimal. Legislation takes time to design and to enact. The details matter a great deal. Laggard governments around the world have been subjected to judicial review on their climate change policies. Furthermore, all statutes are subject to interpretation by courts. Administrators can and do make mistakes that are corrected by authoritative judicial interpretation. With particular emphasis on New Zealand law, this article will examine the degree to which judicial decisions can correct and encourage government policies on climate change and give them a "nudge" towards making them effective. The potential role of the Waitangi Tribunal will also be mentioned and the Parliamentary Commissioner for the Environment. The issue of whether constitutional protection for the environment, with application to climate change, could be useful will be canvassed.
APA, Harvard, Vancouver, ISO, and other styles
37

van Meijl, Toon. "Māori Intellectual Property Rights and the Formation of Ethnic Boundaries." International Journal of Cultural Property 16, no. 3 (August 2009): 341–55. http://dx.doi.org/10.1017/s0940739109990245.

Full text
Abstract:
AbstractThis article questions and contextualizes the emergence of a discourse of intellectual property rights in Māori society. It is argued that Māori claims regarding intellectual property function primarily to demarcate ethnic boundaries between Māori and non-Māori. Māori consider the reinforcement of ethnic boundaries necessary since they experience their society and distinctive way of life as endangered both by the foreign consumption or misappropriation of aspects of their authentic cultural forms and by the intrusion of foreign cultural elements. Following Simon Harrison (1999) it is argued that the first threat is often represented as an undesired form of cultural appropriation, piracy or theft, while the second threat is viewed as a form of cultural pollution. This argument is elaborated with a case-study of each so-called danger, namely a claim regarding native flora and fauna submitted to the Waitangi Tribunal, which is considered as an example of resistance against cultural appropriation, and the increasing hostility of Māori to foreign interest and research in Māori culture and society, which is analysed as an example of opposition to putative pollution.
APA, Harvard, Vancouver, ISO, and other styles
38

Paterson, RK. "Protecting Taonga: the cultural heritage of the New Zealand Maori." International Journal of Cultural Property 8, no. 1 (January 1999): 108–32. http://dx.doi.org/10.1017/s0940739199770633.

Full text
Abstract:
New Zealand concerns regarding cultural heritage focus almost exclusively on the indigenous Maori of that country. This article includes discussion of the way in which New Zealand regulates the local sale and export of Maori material cultural objects. It examines recent proposals to reform this system, including allowing Maori custom to determine ownership of newly found objects.A major development in New Zealand law concerns the role of a quasi-judicial body, the Waitangi Tribunal. Many tribunal decisions have contained lengthy discussions of Maori taonga (cultural treasures) and of alleged past misconduct by former governments and their agents in relation to such objects and Maori cultural heritage in general.As is the case with legal systems elsewhere, New Zealand seeks to reconcile the claims of its indigenous peoples with other priorities, such as economic development and environmental protection. Maori concerns have led to major changes in New Zealand heritage conservation law. A Maori Heritage Council now acts to ensure that places and sites of Maori interest will be protected. The council also plays a role in mediating conflicting interests of Maori and others, such as scientists, in relation to the scientific investigation of various sites.Despite these developments, New Zealand has yet to sign the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export, and Transfer of Ownership of Cultural Property. The changes proposed to New Zealand cultural property law have yet to be implemented, and there is evidence of uncertainty about the extent to which protecting indigenous Maori rights can be reconciled with the development of a national cultural identity and the pursuit of universal concerns, such as sustainable development.
APA, Harvard, Vancouver, ISO, and other styles
39

Robinson, M. E. "Book reviews : Sorrensen, M.P.K. 1987: Towards a radical reinterpretation of New Zealand history: the role of the Waitangi Tribunal. New Zealand Journal of History 21, 173-88." Progress in Human Geography 13, no. 1 (March 1989): 130–33. http://dx.doi.org/10.1177/030913258901300108.

Full text
APA, Harvard, Vancouver, ISO, and other styles
40

McCarthy, Christine. "Bicultural Architecture." Architectural History Aotearoa 6 (October 30, 2009): 21–32. http://dx.doi.org/10.26686/aha.v6i.6752.

Full text
Abstract:
The 1980s appears to be the first time in New Zealand that "biculturalism," a term first coined in Canada in 1940, became linked to New Zealand architecture. The 1980s was a period when the significance of Māori art and culture was increasingly apparent. Te Kōhanga Reo was established in Wainuiomata in 1982, Keri Hulme's The Bone People won the 1985 Booker Prize. The enormously successsful "Te Māori" exhibition, the first international exhibition of Māori taonga, opened at the Metropolitan Museum of Art, New York in 1984, later touring New Zealand in 1986 renamed: "Te Māori: Te Hokinga mai. The Return home." The cultural and political inevitabilities of the Tangata Whenua (1974) television series, the establishment of the Waitangi Tribunal (1975), the Māori Land March (1975), the republication of Dick Scott's The Parihaka Story (1954) as Ask that Mountain (1975), the Bastion Point protests (1977-78), the occupation of Raglan Golf Course (1978), and the Springbok Tour (1981), meant that by the 1980s Pākehā and Māori were questioning their relative postions in New Zealand society. In architecture the success of urban marae, the construction of institutional marae (e.g. Waipapa Marae, University of Auckland by Ivan Mercep, Jasmax, 1988), and the recognition of John Scott's Futuna Chapel as bicultural, twinned with a growing awareness of the asymmetrical privileging of Pākehā over Māori, would all contribute to a greater motivation for biculturalism in architecture. This paper examines the development of the use of the term "bicultural architecture" in New Zealand, and the architecture proposed as warranting it, during this period of New Zealand's history.
APA, Harvard, Vancouver, ISO, and other styles
41

Palavi, Vasiti, Nicola Railton, and Sheridan Waitai. "Collaborative Kaitiakitanga - New Joint Pathways in Guardianship." Biodiversity Information Science and Standards 2 (June 15, 2018): e26954. http://dx.doi.org/10.3897/biss.2.26954.

Full text
Abstract:
Ehara taku toa i te toa takitahi Engari, he toa takitini - Success is not the work of one, but the strength of many. This metaphor encapsulates the collaborative sharing of knowledge, collections and aspirations held by communities and Museums to create new, mutually beneficial research pathway and community outcomes for all. Ngāti Kurī is descended from the founding people of the northernmost peninsula of Aotearoa - Te Hiku o Te Ika. The mana and rangatiratanga of Ngāti Kurī extends into a number of ecological biogeographically significant sites on the whenua (the land) and moana (sea) - Rangitāhua (Kermadec Islands) an international marine reserve, Manawatawhi (Three Kings Islands) a nature reserve and Te Hiku o Te Ika (mainland) including Kapowairua .There are many unique species that have been found within their rohe (territorial lands) and are important centres of endemism. Ngāti Kurī settled their treaty claim in 2014 and was a key claimant in Waitangi Tribunal claim no. 262 (WAI 262) relating to Maori intellectual property rights particularly relating to flora and fauna. Ngāti Kurī aim to reclaim, restore (knowledge and practises), revitalise and rejuvenate themselves and the environments they have inherited in the sea and on land. To realise this vision Ngāti Kurī partnered with a number of scientific partners on a "Pupuri Mauhanga o Ngāti Kurī " (species stocktake/inventory).The key objective of this project being to strengthen their kaitiakitanga - build community resilience, capacity and capability which are aligned to WAI 262 and integrated into their strategic vision - Ara Whanui (Many pathways) and Te Haumihi (ecological restoration plan) for their rohe. The resulting species lists will form the baseline data to develop strategies and tactics for the management and rejuvenation of taonga (treasured) species in their rohe. In March 2018 Ngāti Kurī partnered with Tāmaki Paenga Hira Auckland Museum to undertake a BioBlitz (https://www.landcareresearch.co.nz/science/plants-animals-fungi/bioblitz) in their rohe (territorial lands).This was part of a larger programme of work documenting biodiversity combining both scientific and Mātauranga (Maori indigenous knowledge system) approaches. This unique model aims to empower intergenerational engagement and partnership with science in the natural environment, centred around tamariki (children) and instilling the responsibility of kaitiakitanga (guardianship). The results have been highly successful through this internationally significant approach. This approach will be described with highlights of the BioBlitz and larger biodiversity programme as an example of a successful bicultural relationship.
APA, Harvard, Vancouver, ISO, and other styles
42

Boswell, Anna. "Climates of Change: A Tuatara’s-Eye View." Humanities 9, no. 2 (May 1, 2020): 38. http://dx.doi.org/10.3390/h9020038.

Full text
Abstract:
The tuatara or New Zealand “spiny-backed lizard” (Sphenodon punctatus) is the sole surviving member of an order of reptiles that pre-dates the dinosaurs. Among its characteristics and peculiarities, the tuatara is renowned for being slow-breathing and long-lived; it possesses a third eye on the top of its skull for sensing ultraviolet light; and the sex of its progeny is determined by soil temperatures. This article unravels a tuatara’s-eye view of climate change, considering this creature’s survival across geological epochs, its indigenous lineage and its sensitivities to the fast-shifting conditions of the Anthropocene. This article examines the tuatara’s evolving role as an icon of biodiversity-under-threat and the evolving role of zoos and sanctuaries as explicators of climate change, forestallers of extinction, and implementers of the reproductive interventions that are increasingly required to secure the future of climate-vulnerable species. It is also interested in the tuatara as a witness to the rapid and ongoing human-wrought climate change which has secured the lifeworld reconstruction that is foundational to the settler colonial enterprise in Aotearoa/New Zealand. Linking this to the Waitangi Tribunal’s Wai 262 report (Ko Aotearoa Tēnei, 2011), the article considers what the tuatara teaches about kaitiakitanga (guardianship) and climates of change.
APA, Harvard, Vancouver, ISO, and other styles
43

Buchanan, Rachel. "Decolonizing the Archives: The Work of New Zealand's Waitangi Tribunal." Public History Review 14 (August 29, 2007). http://dx.doi.org/10.5130/phrj.v14i0.399.

Full text
Abstract:
If history is to be decolonized, then the archives it is made from must be too. This article uses the work of the Waitangi Tribunal in Aotearoa New Zealand to explore how this might be possible. The tribunal is a permanent commission of inquiry that investigates contemporary and historical breaches of the 1840 Treaty of Waitangi. Tribunal hearings are rich sites of public history-making. A hearing involves the research and production of ‘traditional’ and ‘historical’ tribal narratives as well as the performance of dozens of individual testimonies from Maori. By collecting and archiving the family and tribal histories that Maori claimants have chosen to speak, write or sing before it, the tribunal has made the private public. In the process, the colonial archive has been expanded, democratised and decolonised. This article argues that while the work of the tribunal is necessarily constrained by its brief to investigate post-contact grievances, the voluminous and precious archive generated by inquiries and by the settlement process that sometimes follows, provide the seeds for other more satisfying and challenging stories about New Zealand’s past and present. It reads the archives generated by the Taranaki inquiry to demonstrate how a significant feature of claimant testimony is the challenge it poses to conceptions of time that are central to academic history-making. The subaltern histories shared at tribunal hearings collapse the distinctions between past and present, placing ‘historical actors’ and ‘historical events’ on the same stage as present ones. Tribunal archives, then, are a new and overlooked collection of documentary evidence that refuses to locate colonisation in the past. The tribunal archives challenge historians to rethink ‘history’ and ‘the colonial archive’. If colonisation is something that is not over yet then the colonial archive is still being created (by bodies like the tribunal). It is a collection of documents that can be viewed as both historical and contemporary.
APA, Harvard, Vancouver, ISO, and other styles
44

Pawson, Eric, and Paul James. "Contested Places: the Significance of the Montunui-Waitara Claim to the Waitangi Tribunal." Aboriginal History Journal 19 (January 2011). http://dx.doi.org/10.22459/ah.19.2011.06.

Full text
APA, Harvard, Vancouver, ISO, and other styles
45

Carlson, Kirsten Matoy. "Placing the Waitangi Tribunal: Attitudes Towards the Claims Settlement Process in New Zealand." SSRN Electronic Journal, 2007. http://dx.doi.org/10.2139/ssrn.966319.

Full text
APA, Harvard, Vancouver, ISO, and other styles
46

Cant, Garth. "Reclaiming land, reclaiming guardianship: Role of the Treaty of Waitangi Tribunal in Aotearoa, New Zealand." Aboriginal History Journal 19 (January 2011). http://dx.doi.org/10.22459/ah.19.2011.05.

Full text
APA, Harvard, Vancouver, ISO, and other styles
47

"Giselle Byrnes. The Waitangi Tribunal and New Zealand History. New York: Oxford University Press. 2004. Pp. ix, 222. $35.00." American Historical Review, April 2005. http://dx.doi.org/10.1086/ahr/110.2.457-a.

Full text
APA, Harvard, Vancouver, ISO, and other styles
48

Came, H., J. Kidd, T. McCreanor, M. Baker, and B. Rodgers. "Re-imagining anti-racism in the health sector in Aotearoa New Zealand." European Journal of Public Health 30, Supplement_5 (September 1, 2020). http://dx.doi.org/10.1093/eurpub/ckaa165.861.

Full text
Abstract:
Abstract Background Racism and dishonouring of te Tiriti o Waitangi are significant contributors to ethnic health inequities in Aotearoa. It is unclear how health professionals can contribute to the disruption of racism. Methods This multi-disciplinary study draws on systems change tools, evidence from the health kaupapa Waitangi Tribunal claim (WAI 2575), a review of professional competencies documents, and focus groups with Māori and non-Māori health practitioners to identify how to strengthen anti-racism praxis in health services. The preliminary data collected in 2019 has undergone a thematic analysis and is being synthesised collaboratively with stakeholders to generate a complex continuum of anti-racism praxis. This will be applied via two site-specific action research projects. Results The pilot study has been completed but data collection is still underway on the main study. The initial cut of a continuum of practice grouped behaviours into i) problematic, ii) variable to iii) proactive. Problematic behaviors included examples of cultural and institutional racism, Variable behavior included engagement with Te Reo me ona tikanga (Māori language and protocols), and professional development and compliance. The proactive grouping included Māori leadership and workforce, responding to Māori realities, reflective practice and critical consciousness. Conclusions Initial findings suggest anti-racism continuum of practice may be useful to strengthen competency documents, curricula, policy and discipline-specific professional development planning. Key messages With the persistence of institutional racism in colonial settings like Aotearoa we need to imagine new ways to pursue anti-racism. Mapping anti-racism praxis is a useful way to identify variations in practice with a view to strengthening curriculum, competencies and ultimately practice.
APA, Harvard, Vancouver, ISO, and other styles
49

King, Paula, Gabrielle Baker, Bernadette Jones, and Tristram Ingham. "The Official Information Act." Policy Quarterly 17, no. 1 (February 10, 2021). http://dx.doi.org/10.26686/pq.v17i1.6733.

Full text
Abstract:
This article presents a case study of the use of the Official Information Act 1982 (OIA), for research commissioned by the Waitangi Tribunal in 2018 into disability-related issues for Mäori. The responses of Crown organisations to OIA requests examined in this research highlight both issues with inconsistent application of the OIA, and limited access to information held and made available by Crown agencies for Mäori with lived experience of disability.1 The statutory time frame for responses to OIA requests was rarely met. Organisations also resisted providing information, while crucial information for ensuring equity for Mäori with lived experience of disability was often not able to be released because it was not collected at all. The impact of these limitations is discussed, particularly pertaining to core government roles of performance monitoring and ensuring accountability. In addition to querying who benefits from, and is privileged by, the OIA and its application, questions are raised around the necessary components of a legislation rewrite in order to deliver on a modern approach to official information that ensures equitable, high-performing and truly democratic public administration.
APA, Harvard, Vancouver, ISO, and other styles
50

Derby, Melissa. "The Impact of Socio-Historical Context on Identity: An Analysis of Ngāi Tamarāwaho Identity in the Colonisation Era." Te Kaharoa 9, no. 1 (February 2, 2016). http://dx.doi.org/10.24135/tekaharoa.v9i1.2.

Full text
Abstract:
The purpose of this article is to illustrate the influence that socio-historical context has on the identity of a group. The identity of the hapū (tribe) Ngāi Tamarāwaho is examined to demonstrate the impact that specific phenomena associated with colonisation had on hapū identity, and the major focus of this chapter is the interplay between Ngāi Tamarāwaho and the phenomenon of colonisation. This article concentrates specifically on hapū identity during the colonisation era, which, in the context of this article, commenced with the arrival of Pākehā (British) settlers in New Zealand in 1814, and concluded with the establishment of the Waitangi Tribunal in 1975. For comparative purposes, parallels are drawn with other indigenous groups globally to highlight similarities between the colonisation experiences of these groups and those of Ngāi Tamarāwaho, and to illustrate common trends that occur as a result of colonisation and its associated phenomena. The first section in this article discusses the need to consider socio-historical context in research pertaining to identity, and provides examples of research that has been conducted to this effect. The second section establishes the social context of Ngāi Tamarāwaho, and the third section outlines the historical context. Following this is an analyis of the effects of aspects of colonisation on Ngāi Tamarāwaho identity, and this article concludes by discussing ways in which the hapū revived and reasserted their identity
APA, Harvard, Vancouver, ISO, and other styles
We offer discounts on all premium plans for authors whose works are included in thematic literature selections. Contact us to get a unique promo code!

To the bibliography