The Treaty of Waitangi specifically recognises the rights of Maori to control and manage their fisheries resources. However, since the imposition of fisheries legislation in New Zealand, this right has been consistently eroded. It is only recently that Maori customary fisheries rights have been given a degree of recognition in New Zealand�s fisheries management regime. The taiapure provisions of the Fisheries Act 1996 are one of the few policy initiatives available for Maori to manage their fisheries resources in accordance with their customary tikanga. This study examines the effectiveness of the taiapure legislation in providing for Maori customary fisheries management. The Maketu taiapure in the Bay of Plenty is studied to analyse the implementation of the initiative at the local level. The study has found that there are limitations inherent in the legislation and that these are further complicated by inadequacies in its implementation. Recommendations regarding the size, management and establishment process, are made at the conclusion of the study to highlight the amendments needed for the taiapure provisions to properly recognise and provide for the role of Maori, as Treaty partners, in the management of their local fisheries.

This study is an attempt to interrogate the shared terrain of academic Maori Studies, Treaty of Waitangi praxis (where �praxis� is defined as the practical use of reason and the resonable use of practice - in contrast to purely theoretical activity) and the University system in this country. In this wide ranging �interrogation�, I will employ a dialectical method of analysis where each of the major Articles of the Treaty are assigned a particular �role� in the Thesis because it represents the central �University� or Kawanatanga Problematic; that Article 2 (Tino Rangatiratanga-Chieftainship) is the Antithesis because it represents the �Maori� contradiction or the Tino Rangatiratanga Mandate; and that Article 3 (Kotahitanga-Unity and Association) is the Synthesis because it represents Treaty Praxis� or the Kotahitanga Solution. This study (like the Treaty) has been organised into five appropriate Parts: Part A (The Preamble) provides the overture for the study, and, as such, contextualises the methodological framework and theoretical paradigms in, on and around which the rest of the study is located. Part B (The Kawanatanga Problematic) will attempt to articulate the struggle of Maori Studies in academia by problematising Kawanatanga (as is the case in most of the scholarship on this critical aspect of the Treaty). Part C (The Tino Rangatiratanga Mandate) will outline three major neglected areas of Tino Rangatiratanga in academia: such as the agency of Maori staff, students and communities; and the status of language and of knowledge taonga (treasures). Part D (The Kotahitanga Solution) will attempt to synthesise Treaty praxis within the debate by outlining and evaluating a number of Treaty principles and examples. Part E (Post-Script) will summarise the personified (signatory) aspects of the study and will also attempt to articulate a possible future for Maori Studies. It is hoped that the analytical framework employed in this study and will also attempt to articulate a possible future for Maori Studies. It is hoped that the analytical framework employed in this study will assist in clarfying (i) the nature of the struggle of a �minority-culture� subject (Maori Studies) within (ii) a �majority-culture� institution (the University), and (iii) the promise of bicultural synthesis (or Treaty praxis) as a means of mediating this struggle. It is also hoped that this thesis will be a contribution to that ongoing debate.

Thesis (MEducation)--University of South Australia, 2001.

The focus of this research is the construction of a shared vision for the environment. Specifically, the purpose of this research was to examine the construction of shared vision between different rhetorical communities for the Lake Omapere Restoration Project. In this investigation, I applied Bormann's (1972; 1983) symbolic convergence theory to the communication processes of the Resource Management Act (1991). The intended outcome of this research was to gain further understanding of the communication processes in place within the Resource Management Act 1991 in order to foster a more holistic, bicultural approach for the development of Aotearoa New Zealand*. My premise was that shared understanding through storytelling could be a useful tool for producing equitable bicultural environmental decisions. This research is concerned with how that shared vision is created rhetorically. It is based on the theoretical understanding that language constructs people's social reality (Escobar, 1996; Pearce, 1989). The literature review established that people make sense of the material world through language, deep emotional connection to the land and decision-making processes. This discussion of the different ways people come to view the material world provided the background for the central research question. The primary research question that guided the investigation was how do different rhetorical communities construct shared vision for the environment? In order to answer this question data were collected using archival records retrieved from the Northland Regional Council. The analysis of the data involved the application of Bormann's (1972; 1983) symbolic convergence theory to the construction of shared vision for the polluted condition of Lake Omapere in Northland. The fantasy theme analysis of the texts revealed two fantasy themes personifying Lake Omapere: first, the story of the dying lake, followed by second fantasy theme of the salvation of the lake. These two fantasy themes provided the rhetorical ground for the evolution of shared rhetorical vision for the restoration of the wellbeing of Lake Omapere. Following Bormann (1972; 1983), the study showed that symbolic convergence theory accounts for the irrational as well as rational aspects of positive collaborative action for the environment. This research has contributed to knowledge by showing that Bormann's (1972; 1983) symbolic convergence theory is a useful framework for explaining the process by which different rhetorical communities construct shared vision. The fantasy theme analysis approach was specifically designed for this research. Burke's (1966) "hexed" pentad was used in the initial stages of analysis to determine the elements of the fantasy themes. This study showed that construction of shared vision encompasses at least three forms of communication: consciousness creating, raising and sustaining. The study also contributed further questions as to the nature of the resulting shared vision. This study shows that the democratic dialogue that is produced from sharing stories can result in justice. The emergence of shared vision produced a new reality and an altered worldview where kaitiakitanga** has become a crucial focus for the future of Lake Omapere. The restoration of the wellbeing of Lake Omapere through establishing kaitiakitanga is now a rhetorical reality and will shape future decisions made regarding the management and restoration of the lake. The implications involved with incorporating the indigenous spiritual relational perspectives in legislation are a crucial concern for environmental decision-making both locally and internationally and further application of symbolic convergence theory research in this area is recommended.* Aotearoa New Zealand combines both the Māori and English names and is used in this thesis to acknowledge the bicultural intention of environment resource management.** Stewardship.

This thesis is a study of Waitaha, a Bay of Plenty iwi that has been marginalized through the loss of most of its land, much of its language, tikanga, and mana. The purpose of the work is to communicate, through the 'voice' and the history of the people, a chronicle, of their alienation to a Pākehā audience that remains in large part ignorant and distant from their plight. The thesis is motivated by an academic responsibility to the Treaty of Waitangi and the lack of understanding to the present needs of Māori as evidenced for example, by the support for the January 2004 Orewa speech, by the leader of the National Party, Don Brash. It is predicated upon the understanding that this response, which minimalises the impact of colonization upon Māori, is constructed by many, through a convenience of distance. It is motivated also on the understanding that most Pākehā who now inhabit the rohe of Waitaha, are completely ignorant of the identity of tangata whenua. It is hoped that the presentation of the Waitaha story, will provoke a greater empathy from Pākehā, and thereby facilitate an environment, whereby grievances can be addressed in an environment of greater understanding. The thesis is a qualitative based research exercise, carried out in consultation with kaumātua and other Waitaha members, and attempts to acknowledge and integrate current kaupapa Māori epistemologies with traditional Western academic methodology. The study uses interviews, Waitangi Tribunal evidence, and other historical references to construct a narrative that conveys something of the 'voice' of Waitaha. Specifically, it outlines a chronology of Waitaha settlement, followed by a description of their encounter with Pākehā, the consequent alienation of the majority of their lands by the Crown, and concludes, with a glimpse into the current circumstance of Manoeka, the papakainga of Waitaha.

None available

This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi). Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law. Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests. Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi. Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement. Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.

Teacher educators at the University of Canterbury, College of Education, like all teacher educators in Aotearoa New Zealand, have ethical, legal, and moral obligations in relation to Te Tiriti o Waitangi/the Treaty of Waitangi. The Treaty is an agreement that was signed in 1840 by representatives of the British Crown and representatives of independent Māori hapū (sub-tribe). The failure of the Crown to uphold the Treaty plus the colonisation of New Zealand has held wide-ranging ramifications for Māori, including a negative impact on Māori education. Policy guidelines both at a national level and locally at the University of Canterbury provide requirements and guidelines for teachers and teacher educators in relation to the Treaty. The aim of many of these guidelines is to address equity issues in education and to support Māori ākonga (students) to achieve success as Māori. This thesis draws upon data from interviews with five teacher educators from the University of Canterbury, College of Education to explore their understandings of the Treaty and how these understandings inform their practice. A qualitative research approach was applied to this study. Semi-structured interviews were used and a grounded theory approach to the data analysis was applied. Three key themes arose from the data and these provided insights into the teacher educator participants’ understandings of the Treaty, how they acquired Treaty knowledge and their curriculum decision making. Bronfenbrenner’s (1979) ecological systems theory approach was used as a framework to situate how the teacher educators’ understandings of the Treaty have developed. Critical theory and concepts associated with critical pedagogy underpin this research. Critical pedagogy highlights the importance for teacher educators in New Zealand to have an understanding of the historical and contemporary complexities of educational issues related to the Treaty.

This thesis attempts to understand the intellectual milieu of Maori society in the early colonial period through the medium of Maori-language sources of information dating from that time. A base in Maori documentary allows Maori history to exist under the same disciplines as that of other literate peoples. The thesis argues that the imposition of English meanings on Maori language has shaded Maori meanings. It offers a rereading of documents including the Treaty of Waitangi in order to restore their Maori historicity. Maori society has also been misrepresented historiographically by the creation of false distance between metropolitan and indigenous culture, including the failure to sufficiently consider the shaping force of literacy on Maori perceptions of citizenship and on the politics of sovereignty that developed at mid-century. The thesis argues that land sales were the main Maori experience of government, and that the government's ability to define the terms of the market reconstrued society in ways which destroyed its former political structure.This turned it into a land-owning collective, in which power lay not in human consequence, as formerly, but in the size of the cultivations to which an owner could prove a right in terms constructed by officials. All members of the kin-group were constutued land owners, and the status of the chief was reduced to the size of the lands to which he could prove ownership. By 1865, when the Native Land Court was instituted, power within Maoridom lay in the land itself: te mana o te whenua. This position was written into culture, and endures into the present. The premise of the thesis is that change towards western norms is the proper frame of study of colonial Maori society, but that the magnitude of change has been obscured, both by the politicisation of the past on presentist premises and by the transformation of colonial models into what is now assumed to be 'traditional Maori society'. In order to separate the colonial from the traditional the thesis looks at precontact society custom regarding authority over land and fisheries. The thesis underscores the magnitude of change when tapu disappeared as the support of chiefs' civil governance, which was played out in the migration of mana (personal power) from chiefs to, modern, land. The disappearance of tapu also, however, aided the rise of Maori civil society within the colony on the basis of the desire for modernity which kept Maori engaged with the government - and therefore still governed. This is studied through letters that detail the operation of civil life in Taranaki and among Ngati Kahungunu, with special reference to the experience of Wiermu Kingi and Renata Kawepo.

This thesis describes the sections in the Resource Management Act 1991 of particular relevance for nga Iwi Maori and assesses how well these facilitate involvement for Maori in the management of New Zealand�s resources. The method of assessment used is one of comparison between the schemes and philosophies of 1991 Act, and the active involvement of Maori in decision-making for their resources which is requires by Article ii of the Treaty of Waitangi (Te Tiriti o Waitangi). Part i describes the Maori world view of the environment and outlines the Treaty of Waitangi and its relevance to resource management law. Part ii describes the purpose and principles contained in sections 5, 6(e), 7(a), and 8 of the 1991 Act. Chapter Three provides an overview of the relationship between the purpose and principles. Chapter Four discusses the purpose in section 5 and proclaims that the inclusion of sustainability as a purpose in resource management legislation is advantageous in terms of the indirect furtherance of Maori conservation aspirations for the enviroment. It also describes how the cultural wellbeing of Maori has been interpreted to be an express part of the purpose of the Act. Chapter Five provides an analysis of section 6(e) which makes the relationship of Maori and their culture and traditions with their taonga a matter of national importance under the Act. Chapter Six describes section 7(a) and kaitiakitanga which must be given particular regard under the Act. Chapter Seven discusses section 8 and the content and meaning of the principles of the Treaty of Waitangi. Part ii concludes that while the facilitation of Maori involvement in the management and protection of natural and physical resources is improved under this Act, these sections are an insufficient safeguard for Maori interests. Part iii assesses the other sections in the Act which have a bearing on Maori involvement in resource management processes. Chapter Eight explores the planning system. Chapter Nine describes the resource consent processes in the 1991 Act. Chapter Ten comments on various procedural provisions which introduce tikanga Maori into the Act, and Chapter Eleven is devoted to exploring the sections in the Act which in the writer�s opinion provide the most potential for recognition of rangatiratanga in a limited form. This Part proclaims that the emphasis in the Act is very much on consultation with nga Iwi Maori as an effective means for their involement in resource management. It is submitted that this is not the active participation in decision-making that Maori seek and which is guaranteed under Article ii of the Treaty of Waitangi. Chapter Twelve acknowledges that involvement of nga Iwi Maori in processes under the 1991 Act will rely to some extent on the content of policy statements and plans produced by the local authorities. An analysis of the Proposed Otago Regional Policy Statement is undertaken to explore how the concerns of Kai Tahu have been incorporated into the statement. Chapter Thirteen ends by concluding that while the 1991 Act does provide for increased Maori involvement in resource management processes in New Zealand it does not facilitate the decision-making role guaranteed by Article ii of the Treaty of Waitangi.