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The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp
The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a ‘mainstream’ media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective. The reviews demonstrate the ongoing settling of grievances against the Crown for breaches of the Treaty of Waitangi, the solutions Maori have advocated and the benefits to the country when Maori advice on these matters is followed. Key issues include: - the 1994 ‘fiscal envelope’ - the 50,000-strong protest march against foreshore and seabed - Pakeha media attacks on Maori MPs and Maori initiatives. Maori success stories are also acknowledged such as Michael Campbell, Robert Hewitt, Willie Apiata and films such as Whale Rider.
Byrnes considers the work of the Tribunal not only in terms of how Maori and Pakeha perceive its procedure and efficacy, but also in the context of New Zealand history in general.
Historical Frictions explores the role of the courts and of various types of commissions in mediating and reinventing historical narratives of colonisation. Author Michael Belgrave shows how the courts became from 1840 places where different narratives of discovery and conquest, of loss and displacement and of claims to resources and mana were debated. These legal debates were not only between Maori and Pakeha; Maori also used the courts to maintain or reclaim traditional rights between Maori and Maori. From this perspective the Waitangi Tribunal is less radical than is often supposed and is seen to be carrying on a similar function to earlier tribunals and courts in the transformation of historical narratives. Historical Frictions covers a number of issues, all of which have been before the Waitangi Tribunal, including the Old Land Claims, the Kemp Purchase, confiscation, the Orakei Block, the Whanganui River, fisheries, the Chatham Islands and the Wellington Tenths claim.
This is a collection of papers that examine the current place of the Treaty of Waitangi in core public policy areas. The authors analyse the tensions and dynamics in the relationship between Maori and the Crown in their areas of expertise, detail the key challenges being faced, and provide insights on how these can be overcome. The policy areas covered in the collection span the environment, Maori and social development, health, broadcasting, the Maori language, prison and the courts, local government, research, science and technology, culture and heritage, foreign affairs, women's issues, labour, youth, education, economics, housing and the electoral system.
'This book performs a great service by drawing together the intellectual property law and experience of a number of countries in relation to the protection of traditional cultural expressions.' Peter Drahos, Australian National University This unique book provides an in-depth analysis of the different methods that have been proposed to protect traditional cultural expressions (TCEs) by using intellectual property rights. Intellectual Property and Traditional Cultural Expressions examines the possibility of protecting TCEs with copyright laws on the one hand, and 'origin related' intellectual property rights, such as trademarks, certification marks, geographical indications and laws against m...
Reviews the Tribunal's place in contemporary New Zealand and takes a critical look at its role in reshaping Maori identity. The book concludes by reflecting on the future of the Waitangi Tribunal, and the contribution it makes to developing notions of reparatory and distributive justice in New Zealand.
This book concerns contemporary development in Maori as well as this nation's aspirations for greater autonomy. Mason Durie offers a detailed account of Maori's legislative efforts at self-determination by highlighting the legal battles and conflicting attitudes between Maori and the Crown. Environmental management, issues related to the retention of language and culture, Maori representation in Parliament, and the Treaty of Waitangi are among the topics covered in this balanced and reasonable socio-political assessment.
"This book offers a concise survey of Auckland's history in the centuries before European involvement. From the first Polynesian arrivals, through to the growth of the isthmus, and the devastating invasion that altered its entire political make-up in the mid-1700s, This book uncovers a truly fascinating history of the region, and will cause many Aucklanders to see their city in an entirely new light."--Back cover.