Rakiura Maori continue a centuries old harvest of titi chicks (sooty shearwater, Puffinus griseus) which is governed primarily by Traditional Ecological Knowledge (TEK). The sustainability of titi harvesting is of high cultural, social and ecological importance. Some commentators view contemporary use of TEK as insufficient to ensure sustainability because it is no longer intact, too passive, and/or potentially inadequate to meet new ecological and technical challenges. Such assertions have been made in the absence of detailed description of TEK and associated social mechanisms. This thesis describes Rakiura Maori TEK practices and management systems that are in place and asks whether such systems are effective today, and whether they will remain effective in future. Ecological, social and cultural factors are intertwined in cultural wildlife harvests so the methodology used was a combination of quantitative ecological methods and semi-directive interviews of 20 experienced harvesting elders. The research also used ecological science to evaluate potential harvest monitoring methods and to determine what sets the limits on harvest. These ecological studies focused on harvesting by four families on Putauhinu Island in 1997-1999. Harvest is divided into two parts. In the first period (�nanao�) chicks are extracted from breeding burrows during daytime. In the second period (�rama�) chicks are captured at night when they have emerged from burrows. Nanao harvest rates only increased slightly with increasing chick densities and birders� harvest rates varied in their sensitivities to changing chick density. Although harvest rates can only provide a general index of population change a monitoring panel, with careful selection of participants, may be the only feasible way to assess population trend and thereby harvest sustainability or the resource�s response to changed management. Rakiura Maori harvesting practice constitutes common property resource management based on birthright and a system of traditional rules. Protection of island habitat and adult birds, and temporal restricitions on harvest are considered most important. Legislation and a belief system of reciprocity and connection to ancestors and environment aid enforcement of the rules. Ecological knowledge is learnt through observation, hands-on experience and storytelling. Younger Rakiura Maori now spend less time harvesting which puts pressure on the transmission of knowledge. Paradoxically, use of modern technology for harvesting aids transfer of essential skills because it is easier and faster to learn, thereby contributing to the continuance of a culturally important harvest. Limits on harvest are passive, with the numbers of chicks taken determined by the time spent harvesting and processing. Processing is more limiting during the rama period. Future innovations that decrease the time to process each chick during rama could greatly increase the total number of chicks caught. Recently introduced motorised plucking machines decrease the time required to pluck each chick. However, on Putauhinu Island, use of plucking machines did not increase the number of chicks harvested, indicating social mechanisms were also limiting. Elders identified changing values between the generations, which may reduce the future strength of social limitations on harvest pressure. Global climate change may reduce the predicability of traditional knowledge. Rakiura Maori have identified this risk and sought to examine ecological science as a tool to complement traditional knowledge for monitoring harvest sustainability. Climate change, declining tītī numbers and potential changes in technology or markets all threaten the effectiveness of current social limits to harvest. Rakiura Maori have previously shown the ability to adapt and must look to add resilience to their institutions to ensure we keep the titi forever.

Assessing the timing of seasonal movements by the prehistoric peoples of Otago has long been a problem in the archaeology of this region. The oxygen isotope ratio (18 o/16o) of mollusc shell carbonate is temperature dependent. By sampling successive increments of shell growth, palaeotemperature curves can be constructed to provide �season of death� estimates for individual shells. In this work carbonate samples from the blue mussel (Mytilus edulis) were used to estimate the seasonality of four prehistoric fishing sites. A total of 275 samples of shell material were analysed for carbon and oxygen isotope ratios at the Institute of Nuclear Sciences, Lower Hutt. Where fishing and shellfishing were important activities they were consistently associated with the winter season. A model of seasonal activity is presented for the Early part of the prehistoric period.

Achieving �justice� is the overriding aim of the Treaty settlement process. This process was established to resolve Maori historical grievances against the New Zealand Crown for alleged breaches of the Treaty of Waitangi. Because historical injustices involve the interactions of cultures over time, justice in the Treaty settlement process is shaped, and constrained, by two main factors: �culture� and �time�. The settlement of Ngai Tahu�s historical grievances, and in particular the return of pounamu as part of the settlement, achieved a large measure of this limited kind of justice. The Ngai Tahu settlement and the return of pounamu suggest that Treaty settlements are achieving, and may continue to achieve, a large measure of the justice available in the Treaty settlement process. Examination of the return of pounamu to Ngai Tahu reveals, however, that new injustices may have been created in the Ngai Tahu settlement. These new injustices are critically analysed, and recommendations for maximising justice in the Treaty settlement process are suggested. If Treaty settlements are to achieve the maximum justice available in the Treaty settlement process, the Treaty partners must heed the warning signs arising from the possible creation of new injustices in the Ngai Tahu settlement.

Summary: Although a good deal of information is available about the Maoris of New Zealand, concerning their origin, customs, and culture, yet statistical data regarding their actual numbers at any time before 1857 are comparatively rare. It is a fact that the Maori population in any given locality was a fluctuating one and that their distribution in general was very variable and this constitutes a formidable difficulty in making any estimate of their numbers before the first cenus. A second obstacle is the difficulty of travel which faced the early European explorers. For example, when Cook visited New Zealand, he made an estimate of the population but it was largely conjectural as Cook saw the natives at only those places he touched around the coast, and had in fact no means of estimating what proportion of the total population those communities formed. Actually the Maoris were not confined to the coastline, and therefore Cook�s estimate cannot be regarded as based on adequate data. An evaluation of his estimate will be made later--Chapter 1.

As human beings we are continually interacting with the landscape, and have been doing so throughout the entire course of our evolution. This thesis specifically investigates the way in which hunter-gatherers negotiate and interact with their landscapes, focusing on three patterns of behaviour: wayfinding, mapmaking and territoriality. An examination of the relevant international literature reveals that globally, hunter-gatherer groups both past and present share a number of similarities with regard to their wayfinding and mapmaking techniques, territorial behaviour. A case study of Maori interaction with the landscape of prehistoric and protohistoric Te Wai Pounamu [the South Island] provides further support for the central argument that hunter-gatherers collectively negotiate and interact with the landscape in distinctive ways. This is contrasted with the interaction of European explorers and travellers with the 19th century landscape of Te Wai Pounamu in Chapter 5. It is determined that hunter-gatherers use detailed cognitive or 'mental' maps to navigate their way through a range of landscape from dense forests to barren plains. These maps often consist of sequences of place names that represent trails. These cognitive maps are most commonly developed through direct interaction with the landscape, but can also be formed vicariously through ephemeral maps drawn with the purpose of communicating geographical knowledge. Prior to European contact, little importance seems to have been given to artefactual or 'permanent' maps within hunter-gatherer societies as the process of mapmaking was generally regarded as more significant than the actual product. Although the literature on hunter-gatherer territoriality is complex and in some cases conflicting, it is contended that among a number of hunter-gatherer groups, including prehistoric and protohistoric Maori in Te Wai Pounamu, interaction and negotiation with the landscape was/is not restricted to exclusive territories marked by rigidly defined boundaries. Among these groups, a specific method of territoriality known as 'social boundry defence' was/is employed. This involves controlling access to the social group inhabiting an area rather than access to the area itself, as with groups utilising the territorial method of 'perimeter defence'.

Life was difficult in Te Wai Pounamu before European contact. Food collecting had to return more calories than were expended in the efforts of acquisition. Areas where food was available were conserved as well as enhanced and were exploited seasonally in such a way as to optimise each season's take. It is suggested that the absence of kumera cultivations south of the Opihi river, prior to the introduction of the potato towards the end of the 18th Century, was clearly reflected in Maori life-style and social structure. Hapu were resource based rather than regional, and the resources of various hapu might be intermingled over a wide area or indeed, in some cases, shared (see: Anderson, 1980). The "orthodox" view (Anderson, 1980, etc.) is one of "Hunters and Gatherers" who exploit available resources. I argue that the resources were, in fact, managed with a view to sustainable and optimal harvests in the future. I shall apply Harris' (1987:75) optimal foraging theory in an endeavour to show that there are signs of the quality of life as a result of a low per capita human energy input into food production. This is principally evidenced by the foods eaten just for pleasure (kai rehia) and the time available for optional activities. Accordingly, kai and the practices to control them differed from the often better documented food resources of more Northern parts of Te Wai Pounamu and Aotearoa. Nevertheless, the absence of horticulture in the south and the concomitant peripatetic life-style did not result in a lack of stewardship of resources. Based substantially on the analysis of a series of mahika kai lists, collected from elders early in the contact period, and details of traditional practices that have been handed down, this thesis argues that by 1780, when Captain Cook introduced European goods, southern Kai Tahu had in place effective procedures and practices for the sustainable use of renewable resources.

The ambivalence of many prehistorians toward curio collections has meant that, although they recognise some of their shortcomings, they nevertheless use collections as if they had qualities of archaeological assemblages. In this dissertation it is posited and then demonstrated that curio collections are very different entities to archaeological assemblages. In order to use collections in valid constructions of New Zealand�s pre-European past, the processes that led to their formation need to be understood. It is only then that issues of representation can be addressed. In order to better understand the collecting process, a study of the activity of 24 curio collectors who operated in the Murihiku region of southern New Zealand during the period between 1865 and 1975 was undertaken. The study was structured about two key notions: the idea of the �filter� and the idea that tools and ornaments have a �life history� that extends from the time that raw material was selected for the manufacture to the present. The notion of the filter made possible a determination of the effects of particular behaviours on patterns of collector selectivity and the extent and nature of provenance recording; and the extended concept of life history recognised that material culture functions in multiple cultural and chronological contexts-within both indigenous and post-contact spheres. Examination of the collecting process led to the identification of five curio collecting paradigms: curio collecting for the acquisition of social status, curio collecting for financial return, curio collecting as an adjunct to natural history collecting, curio collecting as an adjunct to historical recording, and ethnological or culture-area curio collecting. Filtering processes associated with each paradigm resulted in particular, but not always distinctive, patterns of curio selectivity and styles of provenance recording. A switch in the focus of attention from examination of curio collectng processes generally to the study of the filtering processes that shaped collections from a specific archaeological site-the pre-European Otago Peninsula site of Little Papanui (J44/1)- enabled some evaluation of individuual collection representation. A database recording up to 19 attributes for each of 6282 curios localised to �Little Papanui� in Otago Museum enabled 31 dedicated or �ardent� collectors who operated at the site to be identified. These 31 dedicated collectors were grouped according to the paradigm that best described their collecting behaviour. It was found that the greater proportion of these dedicated collectors (n=12, 39%) had been influenced by the ethnological or culture-area collecting paradigm. These 12 collectors were responsible for recovering a remarkable 5645 curios or nearly ninety-percent (89.86%) of the meta-collection. Because curio collections lack meaningfully recorded stratigraphic provenance, it is the technological and social context in which tools and ornaments functioned that must become the focus of curio collection studies. Appropriate studies of technological and social and context focus upon evaluations of raw material sourcing, evaluations of manufacture technique and assessments of tool and ornament use and reuse (and integrative combinations of these modes of study). These sorts of evaluation require large collections compiled in the least selective manner possible and the collections need to be reliably localised to specific sites. Collections compiled by the ethnological or culture-area collectors have these qualities. Collections compiled within other paradigms lack locality information and were assembled in highly selective manners.

Summary: European colonial expansion during the past five centuries has had serious repercussions for many indigenous populations. Responses to intrusive European culture have varied. Aboriginal Tasmanian culture was extinguised (Plomley 1966). The Cheyenne (Höebel 1964) and the Mapuche Indians (Faron 1968) have struggled to retain their identity and their compromises with European culture have been grudging. Many indigenous societies have been ravaged by disease and warfare and others have been transformed into a culture with both European and indigenous elements. Then there are the Swazi (Kuper 1964), who are continuing, at the present time to adjust to colonialist regimes. The New Zealand Maori have adopted elements of European culture without losing a distinctive cultural identity (Metge 1968). Details of events following initial contact between indigenous societies and Europeans are obscure, usually because of poor documentation. Yet it is precisely this initial period of culture contact that is often of particular interest to anthropologists. Until recently, accounts of culture contact have been left to historians, political scientists, ethnographers and social anthropologists. Archaeologists have tended to overlook this area of research, probably on the assumption that it is already well documented. However, the study of recent culture-contact situations is clearly the provenance of archaeology as well as other disciplines (Sturtevant 1966 : 41). Indeed, one of the major attractions of post-contact archaeology is the very fact that there are usually some relevant data from non-archaeological disciplines (op.cit.: 42-3). There are several self-evident areas of potential research in post-contact archaeology. Historical documentation may be used to locate archaeological sites (Pilling 1968; Trigger 1969); ethnic groups may be traced back into the late prehistoric period from the ethnographic present by using the "direct historical approach" (see Sturtevant 1966: 9; Hall 1969; Stewart 1942; Stewart 1969; Wright 1968); the effects of culture contact (Oswalt and van Stone 1967) or the expansion of the colonial settlements (Allen 1967; Nöel Hume 1963) may be the principal foci; and there is also the possibility of projecting cultural adaptations back into the late prehistoric part (Fitting and Cleland 1969) in order to discover the corresponding cultural patterns. The present study will consider culture change induced by contact with an intrusive culture. The indigenous culture is New Zealand Maori, the intrusive culture, European.

The ambivalence of many prehistorians toward curio collections has meant that, although they recognise some of their shortcomings, they nevertheless use collections as if they had qualities of archaeological assemblages. In this dissertation it is posited and then demonstrated that curio collections are very different entities to archaeological assemblages. In order to use collections in valid constructions of New Zealand�s pre-European past, the processes that led to their formation need to be understood. It is only then that issues of representation can be addressed. In order to better understand the collecting process, a study of the activity of 24 curio collectors who operated in the Murihiku region of southern New Zealand during the period between 1865 and 1975 was undertaken. The study was structured about two key notions: the idea of the �filter� and the idea that tools and ornaments have a �life history� that extends from the time that raw material was selected for the manufacture to the present. The notion of the filter made possible a determination of the effects of particular behaviours on patterns of collector selectivity and the extent and nature of provenance recording; and the extended concept of life history recognised that material culture functions in multiple cultural and chronological contexts-within both indigenous and post-contact spheres. Examination of the collecting process led to the identification of five curio collecting paradigms: curio collecting for the acquisition of social status, curio collecting for financial return, curio collecting as an adjunct to natural history collecting, curio collecting as an adjunct to historical recording, and ethnological or culture-area curio collecting. Filtering processes associated with each paradigm resulted in particular, but not always distinctive, patterns of curio selectivity and styles of provenance recording. A switch in the focus of attention from examination of curio collectng processes generally to the study of the filtering processes that shaped collections from a specific archaeological site-the pre-European Otago Peninsula site of Little Papanui (J44/1)- enabled some evaluation of individuual collection representation. A database recording up to 19 attributes for each of 6282 curios localised to �Little Papanui� in Otago Museum enabled 31 dedicated or �ardent� collectors who operated at the site to be identified. These 31 dedicated collectors were grouped according to the paradigm that best described their collecting behaviour. It was found that the greater proportion of these dedicated collectors (n=12, 39%) had been influenced by the ethnological or culture-area collecting paradigm. These 12 collectors were responsible for recovering a remarkable 5645 curios or nearly ninety-percent (89.86%) of the meta-collection. Because curio collections lack meaningfully recorded stratigraphic provenance, it is the technological and social context in which tools and ornaments functioned that must become the focus of curio collection studies. Appropriate studies of technological and social and context focus upon evaluations of raw material sourcing, evaluations of manufacture technique and assessments of tool and ornament use and reuse (and integrative combinations of these modes of study). These sorts of evaluation require large collections compiled in the least selective manner possible and the collections need to be reliably localised to specific sites. Collections compiled by the ethnological or culture-area collectors have these qualities. Collections compiled within other paradigms lack locality information and were assembled in highly selective manners.

In Canada and New Zealand there are increasing calls for recognition of aboriginal rights which previously were ignored or denied because of the application of English law to concepts of property rights and ownership. English legal principles are vitally important in Canadian and New Zealand society, but there has always been room for local adaptations which could have recognised the existing practices and rights of the indigenous peoples. The English law makes various assumptions about ownership of rivers, dividing them into bed, banks and water, and applying various tests of adjoining occupation, tidalness and navigability to determine rights. Aboriginal property rights have been guaranteed and protected by various mechanisms such as government policy, treaty, and the courts, but there is uncertainty about the status of rivers. The form of the survey definition of reserves and rivers is also fundamental to how property rights may be determined. This thesis examines the situation of rivers in Canada and New Zealand through common law, treaty provisions and through what is now, a developing body of applicable and recognised customary/Aboriginal law. From these three legal foundations, a case study approach focuses on the practical situation of the Siksika people on the Bow River in southern Alberta, and the Kai Tahu on the Taieri River in Otago. This investigation concludes that there are various legal mechanisms by which indigenous people may claim rights to the rivers with which they have a relationship; by resorting to English common law principles; by applying new and developing conceptualisations of customary and aboriginal rights doctrines; by appealing to tribunals examining treaty agreements; or by direct negotiation with the Crown. All of these processes require evidence of past and current relationships, use and occupation of rivers by the indigenous claimants. Current undisputed possession and control may be a satisfactory outcome, but ultimately an acknowledgement of ownership may depend on politically negotiated settlements.