Supervision in Aotearoa/New Zealand: Embodying the Treaty of Waitangi

2014 ◽  
Author(s):  
Colleen Duffy
Author(s):  
Anna K Rolleston ◽  
Judy Bowen ◽  
Annika Hinze ◽  
Erina Korohina ◽  
Rangi Matamua

We describe a collaboration between Māori (Indigenous people of Aotearoa/New Zealand) and Tauiwi (non-Māori) researchers on a software engineering project. Te Tiriti o Waitangi (The Treaty of Waitangi) provides the basis for Māori to lead research that involves Māori as participants or intends to impact Māori outcomes. Through collaboration, an extension of the traditional four-step software design process was created, culminating in a nine-step integrated process that included Kaupapa Māori (Māori ideology) principles. The collaboration experience for both Māori and Tauiwi highlighted areas of misunderstanding within the research context based on differing worldviews and our ability to navigate and work through this. This article provides context, guiding principles, and recommended research processes where Māori and Tauiwi aim to collaborate.


Author(s):  
Jenny Te Paa-Daniel

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).


2020 ◽  
Vol 48 (4) ◽  
pp. 556-569
Author(s):  
Jacinta Ruru ◽  
Jacobi Kohu-Morris

In 1840, some of the sovereign nations of Māori signed te Tiriti o Waitangi (the Māori language version of the Treaty of Waitangi) with the British Crown. Hone Heke was the first Māori leader of the northern nation of Ngāpuhi to sign, but by 1844 he was leading a significant revolt against British colonialism in Aotearoa New Zealand by chopping down British flagpoles erected on his lands. While Māori may have initially welcomed the intent of te Tiriti as a means for seeking British help to protect their international borders, the British prioritised the English version of the Treaty which recorded the transfer of sovereignty from Māori to the British. As the British transposed their dominant legal traditions of governance, including bringing to the fore their doctrine of parliamentary supremacy, Māori have been seeking their survival ever since. We extend this by focusing on why the doctrine of parliamentary sovereignty needs to adapt to the Treaty’s promise of bicultural power sharing.


Author(s):  
Celia Haig-Brown ◽  
Te Kawehau Hoskins

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.


Land ◽  
2019 ◽  
Vol 8 (11) ◽  
pp. 162
Author(s):  
Matthew Wynyard

Te Tiriti o Waitangi, signed between Māori rangatira (chiefs) and the British Crown in 1840 guaranteed to Māori the ‘full, exclusive and undisturbed possession of their lands’. In the decades that followed, Māori were systematically dispossessed of all but a fraction of their land through a variety of mechanisms, including raupatu (confiscation), the individualisation of title, excessive Crown purchasing and the compulsory acquisition of land for public works. Māori, who have deep cultural and whakapapa (genealogical) connections to the land, were left culturally, materially and spiritually impoverished. Land loss has long been a central grievance for many Māori and the return of land has been a guiding motivation for whānau (extended family), hapū (sub-tribe) and iwi (tribe) seeking redress from the Crown. Since the 1990s, many groups have entered into negotiations to settle their historical grievances with the Crown and while land loss and the deep yearning for its return are central to many Māori claims, precious little land is typically returned to Māori through the settlement process. This paper seeks to critically examine the Treaty settlement process in light of land restitution policies enacted elsewhere and argues that one of the many flaws in the process is the paucity of land returned to Māori.


2021 ◽  
Author(s):  
◽  
Maija McSweeney-Novak

<p>New Zealand’s aspiration to be a bicultural nation, has yet to be realised. Māori continue to experience discrimination across all life domains. Research published in 2004, reported New Zealanders as being more supportive of symbolic than resource-based biculturalism. However, socio-political changes, the absence of research examining New Zealanders’ Treaty knowledge, and implicit racial biases towards Māori, suggest an update of this work is needed. Across two studies, this research aimed to investigate New Zealanders’ attitudes towards biculturalism in Aotearoa New Zealand. In Study 1, New Zealand born undergraduates (N = 56), completed the Implicit Association Test, a Pākehā Attitudes Towards Biculturalism Scale, a Treaty of Waitangi knowledge scale and estimated their declared Treaty of Waitangi knowledge. Study 2 was designed to replicate Study 1, and address limitations with a larger, more representative sample (N= 100). The Dunning-Kruger effect was also a specific focus. Across both studies, New Zealanders were more supportive of symbolic rather than resource-based biculturalism and showed an implicit racial bias towards Māori. In Study 2, we revealed new empirical evidence for the Dunning-Kruger effect: when estimating their knowledge relative to peers: lower performers over-estimated their knowledge whereas higher performers under-estimated their knowledge. Our results highlight that New Zealanders’ attitudes towards biculturalism have remained relatively unchanged since Sibley and Liu’s (2004) work, and raise concern for the aspirations of New Zealand as a bicultural nation. Implications and future research directions are discussed.</p>


2021 ◽  
Author(s):  
◽  
James Graham

<p>Colonisation has been described as being at least in part about securing and controlling natural resources and the history of relationships between indigenous people and subsequent settlers as largely representing a battle for control over those resources (Kahn, 1999). A current example is the contest between Māori and the Crown over access to and control over fresh water resources in Aotearoa/New Zealand, part of a wider assertion of Māori rights under the Treaty of Waitangi (Ruru, 2012; Mikaere, 1997; Wikaira 2010). The Ministry for the Environment reports that Māori assertions of water ownership should be addressed before any changes to water management can occur (Ministry for the Environment, 2005).  Pākehā responses to Māori interests in water are critical to future outcomes for both Pākehā and Māori. How Pākehā views about the Treaty have changed and how they might change in the future will determine how Pākehā respond to Māori claims of rights and interests in water. The views of Pākehā are important because, as the culturally and numerically dominant group in Aotearoa/New Zealand they exert considerable political power.  This research investigates how and why Pākehā views about the Treaty of Waitangi, particularly in regard to water, have changed and how and why they may change in the future. A qualitative approach was taken, using a constructionist theoretical lens. Semi-structured interviews with purposively selected Pākehā research participants who had demonstrated knowledge of the Treaty, provided the primary data source. Review of relevant literature provided a secondary data source. The data was analysed thematically to reveal any patterns, themes and contexts of the interview participants’ views.  The literature and interviews outlined considerable change in Pākehā views since the 1950s, indicating a growing acceptance that Māori have a special status as tangata whenua and that the Treaty gives specific rights to Māori. This is seen in the acceptance of Māori cultural practices at official functions, limited resourcing of Māori input to resource management decisions, increasing acceptance of te reo in the media, Pākehā adoption of Māori practices and perhaps most significantly acceptance of historic injustice and Crown compensation to iwi through the Treaty settlement process. Empirical evidence from successive surveys by the Human Rights Commission indicate a growing general knowledge and interest in the Treaty of Waitangi. However dominant group ‘myth making’ remains and resistance to change is evident.  Pākehā change has occurred in response to external influences like the American civil rights movement, womens’ movement, and progressive church anti-racism ideas but critical influences were Māori protests including the 1975 land march, Whāingaroa (Raglan Golf Course), Takaparawhau (Bastion Point) and Pākaitore (Moutoa Gardens). Television made these protests more visible to Pākehā in the 1960s and increased contact between Pākehā and Māori as Māori moved from rural areas to cities from the 1950s were factors. Significant decisions made by the Waitangi Tribunal, government attempts to include the Treaty into policy, the concientising effect of the Springbok rugby tour in 1981 and Treaty education all contributed to changing Pākehā views. Barriers to changing Pākehā views were identified as the unrecognised bias which derives from Pākehā values, their position of dominance and biased media.  The participants foresaw Pākehā becoming more informed, through on going contact with Māori and Māori organisations resulting in increased resourcing of Māori input to resource management decisions and slow devolution of greater authority over resources to Māori authorities. From this it was hoped that Pākehā might develop a greater understanding of the power relationship that exists between Pākehā and Māori resulting in greater sharing of that power.  The interviewees indicated that change would occur if Pākehā could see the benefits that would accrue to them as a group and to Aotearoa/New Zealand, suggesting that this could occur if Pākehā were properly and fully informed. They considered that Pākehā had a responsibility to work with Pākehā and highlighted the importance of Treaty education.  A pattern of three phases of Pākehā change emerged from the interviews. The first was an understanding and acceptance of historic injustice that had led to the Treaty settlement process. The second is development of an understanding of Māori tino rangatiratanga as expressed in Article Two of the Treaty, the first stages of which were being seen in Treaty settlements over natural resources with co-management or co-governance provisions, particularly where they relate to water. The third step, not widely seen in Pākehā society is an acceptance within Aotearoa/New Zealand of a Māori world view. It was expressed that if the second and third steps are to follow the first, considerable further change must occur in Pākehā thinking.</p>


2021 ◽  
Author(s):  
◽  
Erin Matariki Carr

<p>The Treaty was a constitutional agreement entered into by Maori, then sovereign of New Zealand, and the British Crown. The purpose of intention of this agreement was to enable both parties – Maori and the Crown – to share public power over Aotearoa, New Zealand. This paper refers to this purpose as the kawanatanga-tino rangatiratanga relationship, or dual sovereignty. This purpose has been derived from the Maori version of the Treaty, according to the Maori legal system which governed New Zealand at the time.  This purpose has not been given effect to, instead our constitution holds the Crown as the sovereign, and Maori are mere subjects of the Crown. This arrangement allowed the Crown to introduce their colonial legal system that enabled them to attain Maori land through war, confiscation and other means throughout the 19th and early 20th centuries. This in turn has created a “cycle of grievance” among our Maori community which keep Maori oppressed, claiming rights from the Crown which can be given, but are often taken away again or breached, depending on the political leanings of the day. The only way we can end this cycle of grievance, and restore legitimacy to our constitution, and restore Maori to their intended constitutional position of sovereign Treaty partner, alongside the Crown.  While this proposal may seem very radical, it is argued that New Zealand has been heading towards dual sovereignty through an “organic” revolution known as the Maori Renaissance that began in the 1970s. This paper will trace this “organic” revolution pointing to three specific institutions as examples of movement towards dual sovereignty: the Waitangi Tribunal, the Treaty Settlements process and the Treaty Principles. It is argued that while these institutions have made some incredible advances for Maori rights, they remain confined by our current constitutional arrangements that recognise the Crown as the only sovereign. This paper argues that what is needed as the next step in this organic revolution, is to step outside of our current constitutional arrangements and give effect to the true intention of the Treaty. This paper thus reflects on the historical context in and the Maori legal system in which the Treaty was signed. This paper then explains how we might be able to achieve this through the courts by invoking the doctrine of the honour of the Crown and adopting Dr Carwyn Jones’ theory of a ‘constitutional korero’. The honour of the Crown is a common-law doctrine that requires the Crown to honour its constitutional obligations. It recognises colonial governments as part of a special nation-to-nation relationship with indigenous peoples and can therefore give effect to the indigenous legal system and world-view that our current institutions cannot do. In this way it can perform as a limit on the Crown and its Parliamentary Supremacy. It is argued that realistically the courts may invoke this doctrine to enforce obligations made by the Crown to iwi through the recent Treaty Claims Settlements legislation. It is argued, however, that in keeping with this organic revolution, an eventual court may one day invoke the doctrine to enforce Article 2 of the Treaty of Waitangi itself and dual sovereignty may be achieved.</p>


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