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1	Maori perspectives and the Waitangi Tribunal : the 1996 Taranaki report Keenan, Lauren, n/a January 2005 (has links) This thesis assesses the extent to which the 1996 Waitangi Tribunal report "Taranaki Report Kaupapa Tuatahi" allowed for and took heed of Maori forms of telling history. In particular, this thesis examines whether the Tribunal reconciles the differences between a Maori perspective and the Western university tradition, or if Maori history is manipulated by the Tribunal process. Due to the nature of the Waitangi Tribunal, as well as its empowering statute, the extent to which it may incorporate the Maori history within its reports is limited, it does not incorporate other means by which Maori tell their histories. The Waitangi Tribunal process, however, has had an unforseen outcome: the compilation and preservation of a fantastic historical primary source detailing Maori history. It is imperative that this resource not go unrecognised, and that these primary sources are able to be accessed by researches with an interest in Taranaki Maori Maori Waitangi Tribunal Taranaki history
2	Are New Zealand Treaty of Waitangi settlements achieving justice? : the Ngai Tahu settlement and the return of Pounamu (greenstone) Kay-Gibbs, Meredith, n/a January 2002 (has links) 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. Kai Tahu Maori Treaty of Waitangi Waitangi Tribunal land tenure
3	Are New Zealand Treaty of Waitangi settlements achieving justice? : the Ngai Tahu settlement and the return of Pounamu (greenstone) Kay-Gibbs, Meredith, n/a January 2002 (has links) 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. Kai Tahu Maori Treaty of Waitangi Waitangi Tribunal land tenure
4	Examining the provisions of section 87 of the Indian Act as a means to promote economic participation and treaty implementation Tait, Myra J 10 April 2017 (has links) Canadian courts, despite recognition in the Canadian Constitution, 1982 that treaties are to govern the Crown-Aboriginal relationship, continue to develop principles of interpretation that narrow Aboriginal and treaty rights, including the taxation provisions of the Indian Act. In Robertson, the Federal Court of Appeal, building on Mitchell v Peguis, articulated a “historic and purposive” analysis, by reliance on a distinctive culture test and an ascribed protection rationale, thereby abrogating the fundamental treaty relationship. As a means to fuller implementation of the spirit and intent of Treaties, taxation provisions must be interpreted in a treaty-compliant manner. The potential for economic participation through a proposed “urban reserve” on the Kapyong Barracks in Winnipeg, Manitoba, as part of a Treaty 1 settlement, is discussed as a case study, and compared with similar developments in New Zealand, under a Waitangi Tribunal settlement, as an example of treaty compliance in economic development. / May 2017 Indian Act section 87 Economic development Tax exemption Numbered Treaties Treaty interpretation Urban reserves Native Leasing Services Kapyong Historic and purposive Waitangi Tribunal
5	The confiscation of Pare Hauraki: The impact of Te Ao Pākehā on the Iwi of Pare Hauraki Māori; on the whenua of Pare Hauraki 1835-1997 and The Foreshore and Seabed Act 2004 / Te raupatutanga o Pare Hauraki Peters, Murray Hamaka January 2007 (has links) Kia mau ki te rangatiratanga o te Iwi o Hauraki Just as the whakataukī explains Hold fast to the power and authority of the Hauraki tribes the focus of this study is to examine and evaluate the impact of Te Ao Pākehā on Pare Hauraki lands and Tīkapa Moana under the mana of Pare Hauraki Māori and Pare Hauraki tikanga. The iwi of Pare Hauraki have land claims through the, (Wai 100) and the Hauraki Māori Trust Board, before the Waitangi Tribunal highlighting whenua issues and their impact on Pare Hauraki iwi. Also relevant is the foreshore and seabed issue which is documented leading on to the infamous Foreshore and Seabed Act 2004, (for Māori anyway), sparking widespread opposition by Māori throughout the country, and other supportive non-Māori groups because of the issue concerning Māori kaitiiakitanga and guardianship roles. This investigation will commence by outlining the histories of discovery and settlement of Pare Hauraki, the concept of mana-whenua/mana-moana as it applies to Pare Hauraki Māori and our tikanga, and then to subsequent issues leading to land alienation of the early 19th to late 20th cenutries and then to the foreshore issue of the early 21st Century. This research will include information showing that before 1840 to Te Tiriti o Waitangi and thereafter that Pākehā and various Crown agents, through legislation claimed the rights to the lands, waterways and oceanic areas under the kaitiakitanga of my tupuna of Pare Hauraki. Tupuna and other iwi members have expressed their disgust seeing the mana of their traditional lands, waterways, oceanic areas and kaitiaki roles slipping away from them through these activities. Therefore, this thesis is a response to those issues and the impact on (a), Māori as a people, and our tikanga Māori and (b), Pare Hauraki Māori as the kaitiaki/guardians of the Pare Hauraki rohe/territory in accordance with tikanga Māori, and the significance of the responsibilities which arise out of the Māori concepts of kaitiakitanga, manaakitanga and rangatiratanga. Maori Treaty of Waitangi Declaration of Independence Foreshore Seabed Water Human Rights United Nations Waitangi Tribunal Tupua Taniwha Deity Waka Tupuna Ancestor Moana Whakapapa Tikanga History Iwi Marutuahu Tainui Tribe Hapu Subtribe Land Alienation Confiscation Raupatu Crown Law Pakeha English Aotearoa New Zealand Captain Cook Taraia Tukukino Horeta Te Taniwha Tanumeha Te Moananui Tikapa Coromandel Tinorangatiratanga
6	Fragmentation and Restoration: Generational Legacies of 21st Century Māori Malcolm-Buchanan, Vincent Alan January 2009 (has links) The content of this thesis is premised on a reflexive examination of some historical juxtapositions culminating in critical aspects of being Māori in the twenty first century and how such aspects have informed contemporary indigenous identity. That is, the continuing acknowledgement and exponential public recognition of critical concepts which inextricably link indigenous and civic identity. The theoretical sources for this research are, in the main, derived from anthropological and religious studies, particularly on the significance of mythologies and oral histories, as well as from the oral theorising of elders in Aotearoa New Zealand. A very significant contribution from one such elder, a senior Māori woman academic, has been included in the form of the transcript of an interview. She herself had collected the views of a number of elders on myth, creating a rare and valuable resource. In the interview she married her reflections on these with her own experiences and her cogent analyses. From the outset, it was necessary to be discerning so as to ensure the thesis workload was manageable and realistic. For this reason the selected critical aspects that have been used to frame this research are (1) a developing Western validation (that is, acknowledgement and respect) of Māori, Māori culture and their mythology; (2) oral history (genealogy) and traditions that have remained constant despite the influences of modernity; and (3) notions of fluidity, negotiation and pragmatism regarding kinship legacies and cultural heritage. The thesis is comprised of six chapters starting from a subjective narrative leading through increasingly objective discourses that culminate in a conclusion which supports a belief that modern Māori require a balancing of critical aspects of cultural heritage, with a broad understanding of the world of the 'other', in order to realise and develop their contemporary indigenous identity. Ultimately, indigenous ideologies, practices and knowledge recorded and examined in the world of academia today, become potential resources for tomorrow. The intention of this research is to aggregate and discuss intrinsic aspects of the Māori past as well as developing aspects of the present, in order to better understand the significance of the future, and to add to the growing corpus of indigenous worldviews. Maori Pakeha Aotearoa New Zealand Te Ao Maori intergenerational nation building diffused Christian Ratana Te Arawa Tuhoe Ngati Pikiao Ngati Whare spatial temporal historical juxtapositions myth oral histories indigenous knowledge ideologies pre-literate society pre-contact Maori worldview autochthonous New Zealand Waitangi Tribunal whaikorero whakapapa marae whanau hapu iwi ethnocentrism institutional marginalisation discrimination post-colonial kinship generational continuity dis-continuity fragmentation restoration universals historical redress oral transmission knowledge transfer social control icocnoclasm religion anthropology history cultural memory eponymous unified transitional stratified

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