The Waitangi tribunal in New Zealand

Politics ◽  
1989 ◽  
Vol 24 (2) ◽  
pp. 53-65 ◽  
Author(s):  
Peter Loveday
Keyword(s):  
New Zealand ◽  
Waitangi Tribunal

Commentary: A cause for nervousness: The proposed Māori land reforms in New Zealand

2016 ◽  
Vol 12 (4) ◽  
pp. 369-379
Author(s):  
Paerau Warbrick
Keyword(s):  
New Zealand ◽  
Review Of The Literature ◽  
Land Loss ◽  
Land Reforms ◽  
Waitangi Tribunal

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.

Adjudication of Indigenous-Settler Relations

2018 ◽  
pp. 1060-1080
Author(s):  
Richard P. Boast
Keyword(s):  
New Zealand ◽  
International Law ◽  
Legal History ◽  
Expert Evidence ◽  
Native Title ◽  
Indigenous Groups ◽  
Australian Case ◽  
Waitangi Tribunal

This chapter examines the connections between the field of legal history and the various ways in which claims against states by indigenous groups are adjudicated and resolved. It focuses on ‘indigenous’ and ‘settler’ relationships, and on redress mechanisms in Australia and New Zealand. In both cases, the establishment of such mechanisms arose out of political and legal conjunctures within each country, and owed little to developments in international law. The Waitangi Tribunal in New Zealand and the Native Title Tribunal in Australia have very different functions, utilize different kinds of expert evidence, and operate in very different political and constitutional settings. While both bodies require expert evidence typically provided by non-indigenous specialist researchers, the required expertise in each case is different: anthropology in the Australian case, and history in New Zealand.

Protecting Taonga: the cultural heritage of the New Zealand Maori

1999 ◽  
Vol 8 (1) ◽  
pp. 108-132 ◽  
Author(s):  
RK Paterson
Keyword(s):  
New Zealand ◽  
Cultural Heritage ◽  
Indigenous Peoples ◽  
Cultural Property ◽  
Found Objects ◽  
Cultural Objects ◽  
Major Development ◽  
Unesco Convention ◽  
Waitangi Tribunal

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.

scholarly journals Te Reo Maori as a Language of New Zealand Law: The Attainment of Civic Status

2021 ◽  
Author(s):  
◽  
Tai Ahu
Keyword(s):  
New Zealand ◽  
Civic Life ◽  
Functional Language ◽  
Legal Process ◽  
The Third ◽  
The Right ◽  
International Instruments ◽  
Waitangi Tribunal ◽  
Consistent Approach ◽  
Law Making

<p>In July 2011 the Waitangi Tribunal released Wai 262, its report on the indigenous flora and fauna claim. In the report, the Tribunal signalled "a deep-seated fear for the survival of te reo" and found that the language was in a state of "renewed decline". To date, revitalisation initiatives have focussed largely on stemming language decline in the community. Comparatively little attention has been given to the need to develop te reo Māori in the civic life of the state; in particular, as a language of law and legal process. This dissertation argues that if te reo Māori is to survive in the 21st century, it must develop as a fully functional language of New Zealand law. This dissertation critiques the domestic and international instruments that protect the right to use te reo Māori in civic contexts, and identifies three developments that are necessary for te reo Māori to achieve full functionality as a legal language. The first is the provision of an unqualified right to use Māori in the law-making process. The second is the use of Māori in the substantive enactment of law. The third is a principled and consistent approach to drafting and interpreting Māori words and provisions in statutes.</p>

scholarly journals The Impact of Socio-Historical Context on Identity: An Analysis of Ngāi Tamarāwaho Identity in the Colonisation Era

Te Kaharoa ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Melissa Derby
Keyword(s):  
New Zealand ◽  
Social Context ◽  
Historical Context ◽  
Major Focus ◽  
Common Trends ◽  
The Third ◽  
Indigenous Groups ◽  
The Social ◽  
Waitangi Tribunal ◽  
The Impact

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

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