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.

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.

None available

Prompted by Canada’s Truth and Reconciliation Commission’s Calls to Action (2015), there has been widespread response throughout Canadian educational institutions to facilitate reconciliation through education. In the context of Ontario, some Faculties of Education have responded to the calls with requiring Aboriginal education for teacher candidates, to ensure all graduating teachers have knowledge of Aboriginal histories, cultures, and worldviews. Nevertheless, there is a difference between teaching about reconciliation and teaching through reconciliation. This embodiment of reconciliation as a curricular and pedagogical praxis – a praxis of reconciliation – lies at the heart of this research in initial teacher education. This study draws upon case study methodology in an Aboriginal teacher education course in Ontario and a Treaty of Waitangi teacher education workshop in New Zealand, through an investigation of the question: In what ways do Settler teacher education programs facilitate and engage a praxis of reconciliation? The findings of this thesis propose a reconceptualization of reconciliation in teacher education by identifying the ways in which reconciliation is manifested in teacher education (a possibility of reconciliation), and the ways in which reconciliation is hindered (a challenge to reconciliation). In addition to identifying the possibilities and challenges, this research study also deconstructs the safe space metaphor in favour of ethical space and ethical relationality in initial teacher education.

This dissertation is concerned with the ways in which Māori legal traditions have changed in response to the process of negotiated settlement of historical claims against the state. The settlements agreed between Māori groups and the state provide significant opportunities and challenges for Māori communities and, inevitably, force those communities to confront questions relating to the application of their own legal traditions to these changed, and still changing, circumstances. This dissertation focuses specifically on Māori legal traditions and post-settlement governance entities. However, the intention is not to simply record changes to Māori legal traditions, but to offer some assessment as to whether these changes and adaptations support, or alternatively detract from, the two key goals of the settlement process - reconciliation and Māori self-determination. I argue that where the settlement process is compelling Māori legal traditions to develop in a way that is contrary to reconciliation and Māori self-determination, then the settlement process itself ought to be adjusted. This dissertation studies the nature of changes to Māori legal traditions in the context of the Treaty settlement process, using a framework that can be applied to Māori legal traditions in other contexts. There are many more stories of Māori legal traditions that remain to be told, including stories that drill into the detail of specific legal traditions and create pathways between an appropriate philosophical framework and the practical operation of vibrant Māori legal systems. Those stories will be vital if we in Aotearoa/New Zealand are to move towards reconciliation and Māori self-determination. The story that runs through this dissertation is one of a settlement process that undermines those objectives because of the pressures it places on Māori legal traditions. But it need not be this way. If parties to the Treaty settlement process take the objectives of self-determination and reconciliation seriously, and pay careful attention to changes to Māori legal traditions that take place in the context of that process, a different story can be told – a story in which Treaty settlements signify, not the end of a Treaty relationship, but a new beginning. / Graduate / 0398 / 0332 / 0326 / carwyn@uvic.ca

This dissertation is concerned with the ways in which Māori legal traditions have changed in response to the process of negotiated settlement of historical claims against the state. The settlements agreed between Māori groups and the state provide significant opportunities and challenges for Māori communities and, inevitably, force those communities to confront questions relating to the application of their own legal traditions to these changed, and still changing, circumstances. This dissertation focuses specifically on Māori legal traditions and post-settlement governance entities. However, the intention is not to simply record changes to Māori legal traditions, but to offer some assessment as to whether these changes and adaptations support, or alternatively detract from, the two key goals of the settlement process - reconciliation and Māori self-determination. I argue that where the settlement process is compelling Māori legal traditions to develop in a way that is contrary to reconciliation and Māori self-determination, then the settlement process itself ought to be adjusted. This dissertation studies the nature of changes to Māori legal traditions in the context of the Treaty settlement process, using a framework that can be applied to Māori legal traditions in other contexts. There are many more stories of Māori legal traditions that remain to be told, including stories that drill into the detail of specific legal traditions and create pathways between an appropriate philosophical framework and the practical operation of vibrant Māori legal systems. Those stories will be vital if we in Aotearoa/New Zealand are to move towards reconciliation and Māori self-determination. The story that runs through this dissertation is one of a settlement process that undermines those objectives because of the pressures it places on Māori legal traditions. But it need not be this way. If parties to the Treaty settlement process take the objectives of self-determination and reconciliation seriously, and pay careful attention to changes to Māori legal traditions that take place in the context of that process, a different story can be told – a story in which Treaty settlements signify, not the end of a Treaty relationship, but a new beginning. / Graduate / 0398 / 0332 / 0326 / carwyn@uvic.ca

This thesis examines the policy document Better Relationships for Better Learning: Guidelines for Boards of Trustees and Schools on Engaging with Mäori Parents, Whanau, and Communities (Ministry of Education, 2000a). The thesis is concerned with an examination and analysis of the Ministry of Education’s policy Better Relationships for Better Learning document and its implementation as evidenced by a case study school. The thesis demonstrates that while Government policy may intend to benefit Maori, the outcomes do not necessarily do so. It is argued that neither Government nor schools, as agents of the state, are neutral bodies but in large part reflect the influence of the majority over the provision of education for Maori. The claim for school/Maori partnerships made in the policy Better Relationships for Better Learning ignores the founding partnership envisaged through the Treaty of Waitangi. Maori participation as partners in negotiating the terms of the relationship with the school is ignored. This thesis examines the function of those relationships in terms of ‘Better Learning’, investigating the developments and practices in schools for Maori children’s learning.

Thesis (PhD--History)--University of Auckland, 2009. / Includes bibliographical references.

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