scholarly journals Juridical Encounters: Māori and the Colonial Courts, 1840-1852.

2019 ◽  
Author(s):  
Carwyn Jones
Keyword(s):  
New Zealand ◽  
21St Century ◽  
Legal System ◽  
Political Context ◽  
The State ◽  
State Law ◽  
Indigenous Law ◽  
Aotearoa New Zealand ◽  
The Social ◽  
The Relationship

Juridical Encounters: Māori and the Colonial Courts, 1840-1852 by Shaunnagh Dorsett is an engaging and nuanced study of the development of colonial laws and institutions in Aotearoa New Zealand and the expansion of the jurisdiction of state law that begins in this period. The issues explored in the book –  relating to the relationship between the law of the settler state and Indigenous law; the recognition of Māori law by the state legal system; and the authority with which Māori and state law speak – remain live issues today. Studying how those issues were addressed during the Crown colony period helps us to understand the current relationship between Māori law and state law, how we arrived at this point, and, crucially, it helps us to think about how to approach that relationship with legal techniques appropriate to the social and political context and objectives of the 21st century.

Lost from Sight: Developing Recognition of Māori Law in Aotearoa New Zealand

Legalities ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 162-186
Author(s):  
Carwyn Jones
Keyword(s):  
New Zealand ◽  
Legal System ◽  
Cultural Context ◽  
Legal Reasoning ◽  
The State ◽  
Customary Law ◽  
State Recognition ◽  
Legal Principles ◽  
Indigenous Law ◽  
Aotearoa New Zealand

In Aotearoa New Zealand, the state legal system is increasingly drawing on aspects of Māori law. Recent decisions suggest that the courts are willing to consider Māori law as a source of New Zealand law. This marks a change from earlier approaches which recognised discrete customary practices as customary law. Questions of state recognition of customary law have tended to focus attention on common law tests and so obscure processes of the Indigenous legal system, the sources of Indigenous law, and Indigenous forms of legal reasoning and communication. This article suggests that by focusing instead on understanding the application of Māori law within a fuller cultural context, the New Zealand courts may be better able to reveal and understand the Indigenous legal principles and processes at work. This would include engaging with a different range of legal sources, including working with Māori stories as legal texts, to make visible aspects of Indigenous law that can help to drive developments in the state legal system.

scholarly journals Editorial: The social work voice – doxa and dissent in neoliberal times

2016 ◽  
Vol 28 (2) ◽  
pp. 1-6 ◽  
Author(s):  
Emily Keddell ◽  
Deb Stanfield ◽  
Ian Hyslop
Keyword(s):  
Social Work ◽  
New Zealand ◽  
Child Protection ◽  
The State ◽  
Special Issue ◽  
Aotearoa New Zealand ◽  
The Social ◽  
The Family ◽  
Critical Responses

Welcome to this special issue of Aotearoa New Zealand Social Work. The theme for this edition is Child protection, the family and the state: critical responses in neoliberal times.

scholarly journals Kia Whakatōmuri Haere Whakamua: Implementing Tikanga Māori as the Jurisdictional Framework for Overlapping Claims Disputes

2021 ◽  
Vol 52 (1) ◽  
pp. 197-220
Author(s):  
Rhianna Morar
Keyword(s):  
New Zealand ◽  
Dispute Resolution ◽  
Legal System ◽  
Alternative Dispute Resolution ◽  
The State ◽  
Aotearoa New Zealand ◽  
Treaty Of Waitangi ◽  
Resolution Processes

This article addresses the misconception that overlapping rights to land are always in tension with one another. In this article, I apply a tikanga-based analysis to the policy on overlapping rights that is used in the settlement of historical Treaty of Waitangi claims. I argue that the supremacy of colonial law within the State legal system continues to suppress indigenous relationality and limit the mechanisms for reciprocity. This article problematises the following claims made about overlapping claims disputes. First, that overlapping rights are too complex for judicial resolution. This article examines the ways in which overlapping rights are capable of co-existing to preserve relationships between different iwi and hapū. Second, that tikanga is a contestable system of law and should not be regarded as a question of law or as a jurisdictional framework for resolving such disputes. This article critically analyses the extent to which these claims are based on the supremacy of colonial law within the State legal system by considering the application of tikanga in the courts and alternative dispute resolution processes. I argue that tikanga Māori is the only applicable framework whereby differences can be mediated in a way that preserves the relationships between the parties and provides redress mechanisms for continuing reciprocity. This article concludes that the State legal system at present continues to delegitimise indigenous relationality in ways that amalgamate rights into a colonial recognition framework, which fails to recognise tikanga Māori as an equal system of law in Aotearoa New Zealand.

scholarly journals Breaking the Stage: From Te Matatini to Footprints/Tapuwae

Te Kaharoa ◽  
2016 ◽  
Vol 9 (1) ◽  
Author(s):  
Te Rita Papesch ◽  
Sharon Mazer
Keyword(s):  
New Zealand ◽  
Social History ◽  
Direct Action ◽  
Dominant Culture ◽  
Performance Practices ◽  
Post Colonial ◽  
Aotearoa New Zealand ◽  
The Social ◽  
Cultural Performances ◽  
The Relationship

There’s too much talk of decolonising the stage, as if the theatre were not itself a colonial artefact, a hangover from the settlers’ desire to appear civilised in what they saw as a savage land. Here we reject the notion of ‘syncretic’ or ‘hybridic’ theatre, because when European and Māori performance practices meet and mingle under the proscenium arch waters that should be troubled are smoothed beyond recognition. We want to see the stage broken open, its fragments exposed to a critical gaze that recalls rather than transcends social history, that seeks not to console but to confront and catapult us, if not into direct action, then into a conversation that does more than keep us contained within the frame of the dominant culture. This paper is written as two sides of an ongoing debate about the relationship between the theatrical and the social in not-quite-post colonial Aotearoa New Zealand. We look at Te Matatini – the biannual national Kapa Haka Festival, most recently held in Christchurch in March 2015 – and at Footprints/Tapuwae – a bicultural opera first produced in 2001 and revived in June 2015 by the Free Theatre Christchurch – to find powerful cultural performances and contrary theatricalities in 21st century Aotearoa New Zealand.

scholarly journals The cover of Herbs’ first Pacific reggae album: Perusing the paratext

2019 ◽  
pp. 5-18
Author(s):  
Elizabeth Turner
Keyword(s):  
Social Change ◽  
New Zealand ◽  
Music Industry ◽  
Political Context ◽  
Aotearoa New Zealand ◽  
Cultural Life ◽  
Award Winning ◽  
The Social ◽  
Political Stance ◽  
Two Sides

The cover of Herbs’ award-winning EP What’s Be Happen? is dominated by an image of the final day of the Bastion Point occupation in Ōrākei, Auckland on 25 May, 1978. Released in 1981, the album has been recognised in a number of music industry awards for its important contribution to cultural life in Aotearoa New Zealand, and for the musician’s brave political stance in a period of activism that achieved significant social change. This article presents an analysis of the ways in which the record cover acts as a visual and textual introduction to the songs it encloses. Drawing on theorisations of features of paratext such as the title and images on a record sleeve as thresholding devices and as textual extensions of the records they enclose, the paper explores Herbs’ album title, the typographic forms of the title and the band’s name, and the use of colour, as well as the textual organisation of the songs on the two sides of the record. With reference to the social and political context at the time of the album’s release, the article offers an interpretation of the identifications and values signified by these elements of the cover, as carriers of meaning.

scholarly journals Edukacja religijna w Norwegii

1970 ◽  
pp. 351-368
Author(s):  
Karolina Domagalska-Nowak
Keyword(s):  
Religious Education ◽  
Cultural Background ◽  
Political Context ◽  
The State ◽  
Social Changes ◽  
The Social ◽  
Comprehensive Schools ◽  
Freedom Of Thought ◽  
The Relationship ◽  
The Church

The nature of religious education in Norwegian schools has been conditioned by the relationship between the state and the church. Hence the question: “Does Norway guarantee freedom of thought, belief and religion?” The main aim of the paper is to analyze the changes in the relationships between the state and the church, the state and religion as well as the location of Religious Education in Norwegian schools in the historical, juridical, social, and political context. The aims and scopes of religious education together with curricula in the comprehensive schools seem to be exceptional among European states. The social changes, including immigration from states with a different cultural background, and the rise of the humanities impact the changes in Norway and the Norwegian Church.

scholarly journals Bringing practice into theory: Reflective practice and attachment theory

2017 ◽  
Vol 21 (1-2) ◽  
pp. 39-47
Author(s):  
Maree Foley ◽  
Mary Nash ◽  
Robyn Munford
Keyword(s):  
Social Work ◽  
New Zealand ◽  
Reflective Practice ◽  
Attachment Theory ◽  
Work Practice ◽  
Social Work Practice ◽  
Practice Setting ◽  
Aotearoa New Zealand ◽  
The Social ◽  
The Relationship

The relationship between social work practice and attachment theory has been longstanding across decades. While much attention has been paid to the use of attachment theory within specific social work practice settings, less attention has been focused on the use of attachment theory to guide the social worker in their practice based reflections. This article explores the potential relevance of attachment theory for use within a reflective practice setting. This exploration is based on key findings from a recent study conducted in Aotearoa New Zealand. A proposed beginning framework of attachment theory informed reflective practice is offered for practitioners to explore in their reflective practice.

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).

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