scholarly journals Rights of Nature, Legal Personality, and Indigenous Philosophies

2020 ◽  
Vol 9 (3) ◽  
pp. 429-453
Author(s):  
Mihnea Tănăsescu
Keyword(s):  
New Zealand ◽  
Indigenous Communities ◽  
Legal Personality ◽  
Aotearoa New Zealand ◽  
Legal Implications ◽  
Rights Of Nature ◽  
Emancipatory Politics ◽  
The Relationship ◽  
Indigenous Thought ◽  
Radical Character

AbstractThis article investigates the relationship between legal personality for nature and Indigenous philosophies by comparing two cases: the Ecuadorian Constitution of 2008 and the 2014 Te Urewera Act of Aotearoa, New Zealand. Through these case studies the article considers the nature of Indigenous relations with the concept of rights of nature, arguing that this relation is primarily strategic, not genealogical. The article engages with the concept of legal personality and shows that it is not a direct translation of Indigenous conceptions, but rather a potential straitjacket for Indigenous emancipatory politics. The radical character of Indigenous ontologies is not fully reflected in the concept of legal personality. Furthermore, the way in which rights are granted to the natural environment is an important part of the effect that such rights might have on Indigenous communities. Despite some affinities between rights of the environment and Indigenous philosophies, overstating the connection might constrain the radical political and legal implications of Indigenous thought.

scholarly journals The ethics of care and transformational research practices in Aotearoa New Zealand

2017 ◽  
Vol 17 (3) ◽  
pp. 340-350 ◽  
Author(s):  
Tula Brannelly ◽  
Amohia Boulton
Keyword(s):  
New Zealand ◽  
Ethics Of Care ◽  
Indigenous Communities ◽  
Practice Research ◽  
Research Partnership ◽  
Research Partnerships ◽  
Aotearoa New Zealand ◽  
The People ◽  
Dialogic Approach ◽  
The Relationship

Democratising methodologies often require research partnerships in practice. Research partnerships between indigenous and non-indigenous partners are commonplace, but there is unsatisfactory guidance available to non-indigene researchers about how to approach the relationship in a way that builds solidarity with the aims of the indigenous community. Worse still, non-indigenous researchers may circumvent indigenous communities to avoid causing offense, in effect silencing those voices. In this article, we argue that the ethics of care provides a framework that can guide ethical research practice, because it attends to the political positioning of the people involved, acknowledges inequalities and aims to address these in solidarity with the community. Drawing on our research partnership in Aotearoa New Zealand, we explain how the ethics of care intertwines with Māori values, creating a synergistic and dialogic approach.

Indigenous Peoples

2016 ◽  
Author(s):  
Jenny Te Paa-Daniel
Keyword(s):  
New Zealand ◽  
Indigenous Peoples ◽  
Anglican Church ◽  
Aotearoa New Zealand ◽  
Treaty Of Waitangi ◽  
History Of ◽  
The Creation ◽  
The Relationship ◽  
Constitutional Revision

In 1992 the Anglican Church in Aotearoa New Zealand and Polynesia, which owed its origin ultimately to the work of Samuel Marsden and other missionaries, undertook a globally unprecedented project to redeem its inglorious colonial past, especially with respect to its treatment of indigenous Maori Anglicans. In this chapter Te Paa Daniel, an indigenous Anglican laywoman, explores the history of her Provincial Church in the Antipodes, outlining the facts of history, including the relationship with the Treaty of Waitangi, the period under Selwyn’s leadership, as experienced and understood from the perspective of Maori Anglicans. The chapter thus brings into view the events that informed and influenced the radical and globally unprecedented Constitutional Revision of 1992 which saw the creation of the partnership between different cultural jurisdictions (tikanga).

Indigenous Teacher Education in Canada and Aotearoa New Zealand

2019 ◽  
Author(s):  
Celia Haig-Brown ◽  
Te Kawehau Hoskins
Keyword(s):  
Teacher Education ◽  
New Zealand ◽  
Indigenous Education ◽  
Indigenous Communities ◽  
Direct Result ◽  
Teacher Education Programs ◽  
Education Programs ◽  
Policy Document ◽  
Aotearoa New Zealand ◽  
Treaty Of Waitangi

Indigenous teacher education has proven to be a powerful influence in the resurgence of Indigenous cultures and languages globally. In Canada and Aotearoa New Zealand, while there are numerous distinctions between the countries in size, linguistic and cultural diversity, and the histories of Indigenous peoples and colonization, an Indigenous commitment to schooling has shaped long-term and recent aspirations in both contexts. Within Canada, the proliferation of Indigenous teacher education programs is a direct result of a 1972 landmark national policy document Indian Control of Indian Education. This document written by Indigenous leaders in response to the Canadian government was the culmination of a decades-long, relentless commitment to creating the best possible schooling systems for Indigenous students within the provinces and territories. In 2015, despite some significant gains, the Truth and Reconciliation Commission of Canada completed its work articulating Calls to Action that reinforce the original recommendations, particularly the focus on Indigenous control of education. In the Aotearoa New Zealand context, the establishment of Māori language schooling pathways and Māori medium teacher education programs has been made possible by activism focused on the recognition of Indigenous-Māori rights to language and culture guaranteed by the 1840 Treaty of Waitangi. Forms of constitutional recognition of the Treaty of Waitangi mean that New Zealand endorses a social policy of biculturalism. From the 1970s and 1980s, responses to exclusionary and racist colonial policies and practices have led to the creation of teacher education programs in both Canada and Aotearoa New Zealand transforming universities and schools and establishing spaces of Indigenous authority, activism and expertise. While the pace of change varies radically from place to place and from institution to institution, and the specific contexts of the two countries differ in important ways, the innumerable Indigenous graduates of the programs make ongoing contributions to Indigenizing, decolonizing, and educating Indigenous and non-Indigenous communities alike. The growth and strengthening of an Indigenous education sector have led to significant policy and curriculum reforms across the education systems and to ongoing engagement in critique, advocacy, research, and practice. Throughout their development, Indigenous leadership and control of the programs remain the immediate and long-range goals.

scholarly journals Unsettling the (presumed) settled: Contents and Discontents of Contraception in Aotearoa New Zealand

2017 ◽  
Vol 9 ◽  
pp. 90-96
Author(s):  
N. S. Appleton
Keyword(s):  
New Zealand ◽  
20Th Century ◽  
Oral Contraceptives ◽  
Medical Devices ◽  
Indigenous Communities ◽  
Press Release ◽  
Over The Counter ◽  
The Gaze ◽  
Aotearoa New Zealand ◽  
Access To Contraception

In January 2017, New Zealand’s medicines and medical devices safety authority, Medsafe,  announced in a press release that its Medicines Classification Committee (MCC) had recommended a reclassification of certain oral contraceptives in order for them to be made available over the counter in pharmacies.  In A/NZ, a progressive temporal narrative has been established around contraception that begins with the heroic struggle of women at the turn of the 20th Century to get access to contraception and abortion as a way to manage their reproductive lives and progresses to the guaranteed access of contraceptives to women. My intention to interrogate the contemporary contraceptive reality is not a project to undermine the historically important moves women have made here in A/NZ; but, rather, to include new places of analysis including how indigenous communities experienced the same contraceptives moments differently under the gaze of a eugenics project.

scholarly journals Performing Arts Festivals, Festivalization and Global Public Sphere: Locating DNT Performances of India and the Māori Performances of Aotearoa/New Zealand in Post-colonial Asia-Pacific

2021 ◽  
Author(s):  
◽  
Swatibahen Bhatt
Keyword(s):  
New Zealand ◽  
Public Sphere ◽  
Case Studies ◽  
Performing Arts ◽  
Indigenous Communities ◽  
Theoretical Models ◽  
Post Colonial ◽  
Aotearoa New Zealand ◽  
Arts Festivals ◽  
Arts Festival

<p>The project aims at theorising the idea of ‘festivalization’ of the local and global public sphere generated by performing arts festivals. The thesis challenges the concept of ‘festival’ in its popular framework of a celebratory event that is well-planned, culture specific and entertaining. I provide three different study models to accommodate my theoretical conceptualization and discuss the theory in detail in context of selected case studies.  The research also seeks to investigate the politics around (re)presentation of indigeneity through the medium of theatre within various socio-political contexts through case studies from several Indigenous theatre groups located in Oceania and beyond. The project offers detailed discussion of the first two theoretical models developed by me in context of case studies from India and Aotearoa/New Zealand followed by an exploration of the artistic festivals and their implications within and beyond Oceania in context of my third and final study model.  The theoretical models study theatre performances in the contexts of their representation, reception and efficacy within the festival generated space as well as the initiatives of Indigenous communities across the globe to create artistic festivals to celebrate their Indigeneity and authority over Indigenous arts. These two focuses together will locate the reception, representation and (re)production of Indigeneity through the medium of theatre within the festivalized space locally and globally. The third study model finally locates the festival itself within both local and global space to explore its political implications within the socio-political context.  I also aim to investigate the politics behind provisions of ‘space’ and ‘funds’ for the international display of indigeneity through international performing arts festivals; and juxtapose the tourist centred performing arts festival against the festival created by the Indigenous communities through funding generated though ‘donations’ made by local communities. The discussions on this segment is focused on the politics of (mis)presentation of indigeneity through hybrid performances alongside exotic traditional indigenous performances on international stages.  As an Indian citizen, crossing multiple boundaries between the so-called third world, indigenous world and metropolitan culture, I am aware about, respect and acknowledge the Indigenous intellectual and cultural property rights. Being a non-Indigenous researcher working with Indigenous communities, I followed the principles of ‘decolonising methodologies’ (Smith, 1999). I am aware and adhered to the matters including self-determination, cultural aspiration, socio-economic mediation, culturally preferred pedagogy, collective philosophy, extended family structures, respect to Treaty of Waitangi and growing respectful relationships as essential aspects of conducting this research. I have applied collectively chosen pedagogy and philosophy when I conducted the interviews within Indigenous communities and when wrote about them in my thesis.  Indigenous theatre within the context of performing arts festival is a rarely explored area of post-colonial studies which makes the present project significant in itself. The project will document original ideas directly from indigenous theatre practitioners and their experiences of participation in international performing arts festivals. And finally, I believe this study could contribute to a better understanding of the politics of international performing arts festivals in (re) producing indigeneity, distinct from their conventional reception as an exotic 'other' culture.</p>

scholarly journals Riots, Strikes, and Radical Politics in Aotearoa New Zealand

2019 ◽  
Vol 7 ◽  
pp. 75
Author(s):  
Dylan Taylor
Keyword(s):  
New Zealand ◽  
Political Transition ◽  
Radical Politics ◽  
Aotearoa New Zealand ◽  
Emancipatory Politics ◽  
History Of

The riot is positioned by some contemporary Left theorists and activists as the harbinger of a future emancipatory politics. This view has emerged in a period of political transition in which traditional modes of Left organisation are routinely dismissed as ineffective. This paper examines the history of the riot in Aotearoa New Zealand, seeking to understand what role, if any, the riot might play in this country’s future.  

scholarly journals Commuting without Polluting: The Economic  Geography  of  Active  Transport  in Aotearoa  New  Zealand

2021 ◽  
Author(s):  
◽  
Laura McKim
Keyword(s):  
New Zealand ◽  
Active Transport ◽  
Urban Form ◽  
Global Climate ◽  
Active Commuting ◽  
Wage Rates ◽  
Aotearoa New Zealand ◽  
The Impact ◽  
The Relationship ◽  
Motorised Transport

<p>New Zealand has one of the highest rates of car ownership in the world and as such contributes disproportionately to global climate change, cardiovascular disease and obesity. This need not be the case for, among other things, New Zealand cities have the potential to increase the use of walking and cycling. There is substantial evidence that modifying the urban form and design of neighbourhoods can influence the use of active transport. However factors such as those related to employment and income have so far received far less attention as possible influences. This thesis explores the impact of income on the use of active modes of transport for commuting. Modal choice is sensitive to both income and relative costs. While historically the car has replaced walking and cycling as wage rates have risen, in cross section the relationship between income and active commuting takes quite a different form. While higher incomes do allow people to purchase motorised transport, they also allow workers to purchase shorter commutes and to integrate active modes into more complex trip chains. As a result, the probability of active commuting rises with income. As such, raising urban density can help stem some of the negative environmental and health effects of rising affluence.</p>

scholarly journals The pluralism of river rights in Aotearoa, New Zealand and Colombia

2020 ◽  
Author(s):  
Elizabeth Jane Macpherson ◽  
Felipe Clavijo Ospina
Keyword(s):  
New Zealand ◽  
Cultural Context ◽  
Water Law ◽  
Human Species ◽  
Collaborative Relationship ◽  
Legal Personality ◽  
Aotearoa New Zealand ◽  
The Subject ◽  
The Moment ◽  
River Communities

In this article we interrogate the recognition of rivers as legal persons in Aotearoa New Zealand (Whanganui River) and Colombia (Ri'o Atrato). Although the legal, political, historical and cultural context for recognition is different in each country, an analysis of the cases presents some interesting conceptual correlations, which help us to understand this emerging (and sometimes controversial) transnational idea that a river can be a person. In both cases recognising that the river is a person is an attempt to accommodate diverse legal and cultural interests in the river, in order to establish a new collaborative relationship between the state and river communities. Whether either model results in improved river outcomes, or increased indigenous or community jurisdiction to govern, turns not on the fiction that the river is a person but on the surrounding institutional framework, which has been carefully designed to engender enforceability. Thus, we argue, traditional dichotomies that draw lines between human-centred and earth-centred laws, or nature as the object versus the subject of property or rights fail to capture what legal personality entails. Ahora es el momento de comenzar a to mar las primeras medidas para proteger de forma eficaz al planeta y a sus recursos antes de que sea demasiado tarde o el dano sea irreversible, no solo para las futuras generaciones sino para la especie humana.2 Now is the moment to begin to take the first steps effectively to protect the planet and its resources before it is too late or the damage is irreversible, not just for future generations but for the human species. This is the author-produced PDF of an article, accepted for publication in [Journal of Water Law], following peer review. The Version of Record [Macpherson, E. &amp; Ospina, F.C. 2015, "The pluralism of river rights in Aotearoa, New Zealand and Colombia", Journal of Water Law, vol. 25, no. 6, pp. 283-293] is available in [Journal of Water Law, vol 25, issue 6 at 283-293]. Licensed under CC BY-NC-ND 3.0.

scholarly journals A Socialist Compass for Aotearoa

2020 ◽  
Vol 8 ◽  
pp. 73
Author(s):  
Danielle Webb
Keyword(s):  
New Zealand ◽  
Social Power ◽  
State Power ◽  
Socialist Economy ◽  
Economic Power ◽  
Conceptual Tool ◽  
Aotearoa New Zealand ◽  
Emancipatory Politics ◽  
A Site ◽  
Do So

In this article, I argue that both tino rangatiratanga and socialism lie at the heart of emancipatory politics in Aotearoa New Zealand. For Māori, the economy has always been a dynamic site of interaction with the state and corporate bodies, and today the Māori economy is celebrated by some as a space where tino rangatiratanga can be realised. For the most part, though, the capitalist economy has been a site of exploitation for Māori. Given the inextricable relations between capitalism and colonialism, I present the case for Māori socialism as an emancipatory response to both. To do so, I employ Erik Olin Wright’s socialist compass, a conceptual tool that points to a variety of economic pathways towards socialism. But there is a major problem with Wright’s compass: it only has three points (state power, economic power, and social power). I extend Wright’s vision for socialism by completing the compass, adding to it a much needed fourth point: tino rangatiratanga. The resulting ‘Aotearoa socialist compass’ can be used to orient us towards Māori socialism—a socialist economy in which tino rangatiratanga is realised.  

scholarly journals “Talking Critically Yet Harmoniously”

Museum Worlds ◽  
2021 ◽  
Vol 9 (1) ◽  
pp. 110-115
Author(s):  
Lagi-Maama Academy and Consultancy
Keyword(s):  
New Zealand ◽  
Ways Of Knowing ◽  
Indigenous Communities ◽  
Cultural Organization ◽  
Institutional Settings ◽  
Aotearoa New Zealand ◽  
Time Space

Lagi-Maama Academy & Consultancy (Lagi-Maama) is a cultural organization based in Aotearoa New Zealand that we (Toluma‘anave Barbara Makuati-Afitu and Kolokesa Uafā Māhina-Tuai) formally established in August 2018. What we do involves mediating at the intersection of Indigenous communities and institutional settings, to create a more harmonious and hoa/soa/ balanced time-space, by imbedding different ways of knowing, seeing, and doing.

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