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Indigenous Rights and Water Resource Management
In an era of climate change, the need to manage our water resources effectively for future generations has become an increasingly significant challenge. Indigenous management practices have been successfully used to manage inland water systems around the world for thousands of years, and Indigenous people have been calling for a greater role in the management of water resources. As First Peoples and as holders of important knowledge of sustainable water management practices, they regard themselves as custodians and rights holders, deserving of a meaningful role in decision-making. This book argues that a key (albeit not the only) means of ensuring appropriate participation in decision-making about water management is for such participation to be legislatively mandated. To this end, the book draws on case studies in Australia and New Zealand in order to elaborate the legislative tools necessary to ensure Indigenous participation, consultation and representation in the water management landscape.
Indigenous Rights and the Legacies of the Bible
A Christian imagination of colonial discovery permeated the early modern world, but legal histories developed in very different ways depending on imperial jurisdictions. Indigenous Rights and the Legacies of the Bible: From Moses to Mabo explores the contradictions and ironies that emerged in the interactions between biblical warrants and colonial theories of Indigenous natural rights. The early debates in the Americas mutated in the British colonies with a range of different outcomes after the American Revolution, and tracking the history of biblical interpretation provides an illuminating pathway through these historical complexities. A ground-breaking legal judgement in the High Court of ...
The Big Questions
New Zealand is at a crossroads. People are increasingly concerned about where we are headed. Can we improve our appalling statistics on poverty and violence? What about work - will we all be replaced by robots? Will our children (let alone our grandchildren) be able to afford to buy a house? Can we clean up our rivers? This book looks at many aspects of our lives and our nation. Experts in their fields write about the challenges that face us and the opportunities we have to make changes for the better. A fascinating set of perspectives and ideas on our way of life and our future as a nation. Writers are: Dame Anne Salmond, Judge Andrew Becroft; Rod Oram; Jacinta Ruru; Felicity Goodyear-Smith; Tim Watkin; Derek Handley; Jarrod Gilbert; Stuart McNaughton; David Brougham and Jarrod Haar; Golriz Ghahraman; Theresa Gattung; Peter O'Connor; and Leonie Freeman.
From Recognition to Reconciliation
In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state.
The Rahui
This collection deals with an ancient institution in Eastern Polynesia called the rahui, a form of restricting access to resources and/or territories. While tapu had been extensively discussed in the scientific literature on Oceanian anthropology, the rahui is quite absent from secondary modern literature. This situation is all the more problematic because individual actors, societies, and states in the Pacific are readapting such concepts to their current needs, such as environment regulation or cultural legitimacy. This book assembles a comprehensive collection of current works on the rahui from a legal pluralism perspective. This study as a whole underlines the new assertion of identity that has flowed from the cultural dimension of the rahui. Today, rahui have become a means for indigenous communities to be fully recognised on a political level. Some indigenous communities choose to restore the rahui in order to preserve political control of their territory or, in some cases, to get it back. For the state, better control of the rahui represents a way of asserting its legitimacy and its sovereignty, in the face of this reassertion by indigenous communities.
Indigenous Water Rights in Law and Regulation
A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Storied Communities
Political communities are defined, and often contested, through stories. Scholars have long recognized that two foundational sets of stories – narratives of contact and narratives of arrival – helped to define settler societies. We are only beginning to understand how ongoing issues of migration and settlement are linked to issues of indigenous-settler contact. Storied Communities disrupts the assumption in many works that indigenous and immigrant identities fall into two separate streams of analysis. The authors do not attempt to build a new master narrative – they instead juxtapose narratives of contact and arrival as they explore key themes: narrative and narrative form, the nature and hazards of storytelling in the political realm, and the institutional and theoretical implications of foundation narratives and storytelling. By bringing to light the links between narratives of contact and narratives of arrival, this volume opens up new ways to imagine, sustain, and transform political communities.
"Body Snatching" in contemporary Aotearoa/New Zealand: A legal conflict between cultures
Master's Thesis from the year 2009 in the subject Law - European and International Law, Intellectual Properties, grade: 1,00, University of Otago (Law), course: LL.M., language: English, abstract: In recent years, there have been several high profile instances where Māori whānau1 have taken the body of a loved one against the wishes of other immediate family members for the purposes of burying the relative on ancestral land. A high profile incident occurred in 1995, with the uplifting of the entertainer Billy T. James’ body from his home by his uncle, so that, in accordance with Māori custom, the body could lie on a marae2 for a period of mourning. Since the Billy T. James case,3 there have been a number of so-called “body snatching” incidents including the “snatching” of the body of John Takamore, and the “snatching” of the body of Tina Marshall-McMenamin.
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