scholarly journals Treaty of Waitangi settlements: Successful symbolic reparation

Author(s):  
Janine Hayward
Keyword(s):  
Ethnicities ◽  
2021 ◽  
pp. 146879682199986
Author(s):  
Dominic O'Sullivan

Colonial hegemony distinguishes relationships between the Australian state and Indigenous nations. British government was violently established and there was no accommodation with the Indigenous populations to allow settlement to proceed, as occurred through treaties in Canada and New Zealand. Indigenous arguments for treaties in Australia are, however, well established. Notwithstanding some Commonwealth and state and territory governments considering such agreements over the past 40 years, none have been concluded, and more modest forms of recognition have been alternatively proposed. In 2015, following extensive Indigenous advocacy, the Prime Minister and Leader of the Opposition appointed a Referendum Council to consult on an amendment to the Commonwealth Constitution to recognise Australia’s first peoples. The recommendation of a Voice to Parliament and a Makarrata Commission to oversee truth telling and agreements to allow ‘coming together after a struggle’ suggested a transformative ambition beyond the Prime Minister and Leader of the Opposition’s expectations. Makarrata does not stipulate treaties as an ideal form of agreement, but in raising the possibility, the Council added to the concept’s political momentum. This article discusses the place of treaties in contemporary Australian discourse, including treaty negotiations that are in progress in Victoria, Queensland and the Northern Territory. It uses examples from New Zealand’s Treaty of Waitangi to discuss their possibilities and limits in Australia. From these examples, two overarching arguments are made. Firstly, that treaties are potentially transformative, not because they may settle historical grievances, but because their required mutual recognition of each party’s enduring political standing means that they define ongoing, just terms of association. Secondly, the substantively different political arrangements that they presume mean that they are not merely instruments of egalitarian justice and are instead concerned with the distribution of political authority – Indigenous authority over their affairs and through a distinctive and culturally contextualised state citizenship.


Author(s):  
Anna K Rolleston ◽  
Judy Bowen ◽  
Annika Hinze ◽  
Erina Korohina ◽  
Rangi Matamua

We describe a collaboration between Māori (Indigenous people of Aotearoa/New Zealand) and Tauiwi (non-Māori) researchers on a software engineering project. Te Tiriti o Waitangi (The Treaty of Waitangi) provides the basis for Māori to lead research that involves Māori as participants or intends to impact Māori outcomes. Through collaboration, an extension of the traditional four-step software design process was created, culminating in a nine-step integrated process that included Kaupapa Māori (Māori ideology) principles. The collaboration experience for both Māori and Tauiwi highlighted areas of misunderstanding within the research context based on differing worldviews and our ability to navigate and work through this. This article provides context, guiding principles, and recommended research processes where Māori and Tauiwi aim to collaborate.


Author(s):  
Myra J. Tait ◽  
Kiera L. Ladner

AbstractIn Canada, Treaty 1 First Nations brought a claim against the Crown for land debt owed to them since 1871. In 2004, Crown land in Winnipeg became available that, according to the terms of the settlement, should have been offered for purchase to Treaty 1 Nations. Similarly, in New Zealand, the Waikato-Tainui claim arose from historical Crown breaches of the 1840 Treaty of Waitangi. In 1995, a settlement was reached to address the unjust Crown confiscation of Tainui lands. Despite being intended to facilitate the return of traditional territory, compensate for Crown breaches of historic treaties, and indirectly provide opportunity for economic development, in both cases, settlement was met with legal and political challenges. Using a comparative legal analysis, this paper examines how the state continues to use its law-making power to undermine socio-economic development of Indigenous communities in Canada and New Zealand, thereby thwarting opportunity for Indigenous self-determination.


Author(s):  
Jenny Te Paa-Daniel

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).


2002 ◽  
Vol 33 (2) ◽  
pp. 321 ◽  
Author(s):  
Māmari Stephens
Keyword(s):  

This article presents the results of a survey dealing with the role of Kaumätua in Treaty of Waitangi Claims. The author raises a number of concerns – most importantly whether enough olderMäori feel confident or knowledgeable enough to contribute to the process. The survey also revealsthat tensions exist from the exclusion of younger Maori from the process.


2005 ◽  
Vol 36 (1) ◽  
pp. 156
Author(s):  
Hannah Northover

This article is a book review of Michael Belgrave, Merata Kawharu and David Williams (eds) Waitangi Revisited: Perspectives on the Treaty of Waitangi (Oxford University Press, Melbourne, 2005) (402 + xxi pages) NZ$65. The book looks at issues surrounding the Treaty of Waitangi 16 years after the publication of "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi". Although it can be difficult to find cogent and lucid expressions of contrary opinions on Treaty issues, Northover states that the book's attempts to provide different ideological perspectives are relatively successful. Other pieces are more akin to case studies, illustrating wider schemes and issues of significance. It is concluded that the book deserves to be read by a wide audience, and that the contributions in the collection reflect Treaty issues that remain (and will remain) prominent. 


Sign in / Sign up

Export Citation Format

Share Document