Academic literature on the topic 'Te Tiriti O Waitangi (The Treaty of Waitangi)'

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Journal articles on the topic "Te Tiriti O Waitangi (The Treaty of Waitangi)"

1

Herd, Ruth Ann. "WAI 1909 – The Waitangi Tribunal Gambling Claim." Critical Gambling Studies 2, no. 2 (2021): 141–50. http://dx.doi.org/10.29173/cgs91.

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In 2008, I lodged a claim with the Waitangi Tribunal in regard to problem gambling and its negative impacts on Māori people. The Tribunal is tasked with hearing grievances related to Te Tiriti o Waitangi (The Treaty of Waitangi) signed in 1840 between Māori and the British Crown. It is a historical claim focused on the lack of adequate protection of taiohi Māori (young people of Māori descent) and the intergenerational harm caused by problem gambling among their whānau, hapū, iwi (extended families and relatives) and urban Māori communities. However, this begs the question how can a Treaty claim improve the health outcomes of a generation of taiohi Māori who have been exposed to commercial gambling and its aggressive and targeted expansion and marketing? This paper frames the WAI-1909 claim as a Kaupapa Māori (Māori research approach) derived from the research of three wahine toa (warrior women) supporting the claim; and refers to epistemological standpoints of Māori women working in the gambling research space. I demonstrate how the gambling claim challenges the New Zealand government to honour the promises in the articles of Te Tiriti o Waitangi and to protect the rights of its citizens, especially taiohi Māori. The WAI-1909 gambling claim concludes that whilst the New Zealand Gambling Act (2003) includes a public health approach to problem gambling, it has not adequately addressed the rights of tangata whenua (Māori, the first people of Aotearoa/New Zealand) under Te Tiriti o Waitangi.
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2

O’Sullivan, Dominic, Heather Came, Tim McCreanor, and Jacquie Kidd. "A critical review of the Cabinet Circular on Te Tiriti o Waitangi and the Treaty of Waitangi advice to ministers." Ethnicities 21, no. 6 (2021): 1093–112. http://dx.doi.org/10.1177/14687968211047902.

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The New Zealand state developed from a treaty between the British Crown and hapū (sub-tribes) in 1840. The te Reo (Māori language) text and the English version of the agreement are fundamentally different. Breaches of this treaty and tension over how the political relationship between Māori and the Crown should proceed are ongoing. In 2019, the Cabinet Office issued a Circular instructing bureaucratic advisers of the questions they should address when providing advice to ministers on the agreement’s contemporary application. In this article, we use Critical Tiriti Analysis (CTA) – an analytical framework applied to public policies – to suggest additional and alternative questions to inform bureaucratic advice. The article defines CTA in detail and shows how using it in this way could protect Māori rights to tino rangatiratanga (a sovereignty and authority that is not subservient to others) and substantive engagement, as citizens, in the formation of public policy. This article’s central argument is that the Circular reflects an important evolution in government policy thought. However, in showing how the Circular privileges the English version (the Treaty of Waitangi) over the Māori text (Te Tiriti o Waitangi), the article demonstrates how Māori political authority remains subservient to the Crown in ways that Te Tiriti did not intend. We show through the conceptual illustration of the care and protection of Māori children, despite the significant evolution in government thought that it represents, these rights are not fully protected by the Circular. This is significant because it was Te Tiriti, with its protection of extant Māori authority and sovereignty, that was signed by all but 39 of the more than 500 chiefs who agreed to the British Crown establishing government over their own people, but who did not agree to the colonial relationship which may be read into the English version.
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3

Ruru, Jacinta, and Jacobi Kohu-Morris. "‘Maranga Ake Ai’ The Heroics of Constitutionalising Te Tiriti O Waitangi/The Treaty of Waitangi in Aotearoa New Zealand." Federal Law Review 48, no. 4 (2020): 556–69. http://dx.doi.org/10.1177/0067205x20955105.

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In 1840, some of the sovereign nations of Māori signed te Tiriti o Waitangi (the Māori language version of the Treaty of Waitangi) with the British Crown. Hone Heke was the first Māori leader of the northern nation of Ngāpuhi to sign, but by 1844 he was leading a significant revolt against British colonialism in Aotearoa New Zealand by chopping down British flagpoles erected on his lands. While Māori may have initially welcomed the intent of te Tiriti as a means for seeking British help to protect their international borders, the British prioritised the English version of the Treaty which recorded the transfer of sovereignty from Māori to the British. As the British transposed their dominant legal traditions of governance, including bringing to the fore their doctrine of parliamentary supremacy, Māori have been seeking their survival ever since. We extend this by focusing on why the doctrine of parliamentary sovereignty needs to adapt to the Treaty’s promise of bicultural power sharing.
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4

Salmond, Anne. "Where Will the Bellbird Sing? Te Tiriti o Waitangi and ‘Race’." Policy Quarterly 18, no. 4 (2022): 3–25. http://dx.doi.org/10.26686/pq.v18i4.8019.

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This article investigates deep philosophical differences between the complex relational networks that underpin te Tiriti o Waitangi as originally written, debated and signed by the rangatira of various hapū and British officials in New Zealand in 1840, and the canonical re-framing of the Treaty as a binary ‘partnership between races’, or ‘between the Crown and the Maori race’, in the 1987 ‘Lands’ case judgment by the Court of Appeal, at the height of the neo-liberal revolution in New Zealand.After exploring comparative analyses of the colonial origins and uses of the idea of ‘race’, and the risks associated with binary framings of citizenship by race, ethnicity or religion in contemporary nation states, the article asks whether relational thinking and institutions – including tikanga and marae – might not offer more promising ways of understanding and honouring te Tiriti o Waitangi, and fostering cross-cultural experiments in Aotearoa New Zealand.
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5

Giles, Rebecca, and Shirley Rivers. "Caucusing: Creating a space to confront our fears." Aotearoa New Zealand Social Work 21, no. 1-2 (2017): 60–71. http://dx.doi.org/10.11157/anzswj-vol21iss1-2id321.

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Learning does not occur in a vacuum and this reality challenges all educators to provide for the differing learning needs that exist because of students’ particular relationship to the course material. Teaching Te Tiriti o Waitangi and the colonial history of Aotearoa New Zealand to adult students of social work and counselling in mainstream tertiary education programmes provides particular challenges and opportunities for tutors and students alike. When teaching this topic, it is essential that the nature of the relationships that exist today between the peoples that represent the signatories of the Tiriti / Treaty of Waitangi in 1840 is explored. Yet, at the same time, the learning needs of all students must be met.The authors have extensive experience in the teaching of Te Tiriti o Waitangi to adult learners. They have found the practice of caucusing helpful in creating a process that affords an opportunity for a transfer of learning to take place. How this process operates is the subject of this research study. In it, the authors identify distinct differences between Maaori and non-Maaori students’ experiences of caucusing. Worthwhile explanations of these differences are provided and linked to literature findings. Excerpts from research relating to the hidden dynamics of white power and domination are provided and assist in increasing an understanding of the intense reactions expressed by students during the transfer of knowledge process. Comments from students are included to highlight the shifts in understanding as the caucusing experience proceeds. The authors suggest that this topic has quite different implications for students within the same classroom, dependent upon whether they are located within the group that has experienced colonisation and domination (Maaori) or the other group, i.e. the colonising group (non-Maaori). They highlight the need to go beyond an intellectual fact-gathering exercise to achieve significant and worthwhile educational outcomes in this topic area.
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6

Fitzpatrick, Katie, Hayley McGlashan, Vibha Tirumalai, John Fenaughty, and Analosa Veukiso-Ulugia. "Relationships and sexuality education: Key research informing New Zealand curriculum policy." Health Education Journal 81, no. 2 (2021): 134–56. http://dx.doi.org/10.1177/00178969211053749.

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Background and purpose: In 2020, the New Zealand Ministry of Education updated the national curriculum policy for sexuality education, broadening the focus to ‘relationships and sexuality education’ and strengthening guidance for both primary (Years 1–8) and secondary (Years 9–13) schools. The resulting guides detail how schools might take a ‘whole school approach’ to this area, including dedicated curriculum time at all levels of compulsory schooling. Methods and conclusions: This article summarises the key thinking and research that informs the latest curriculum policy update and provides justification for the content in the policy. Significant aspects include a framework based on Te Tiriti o Waitangi (The Treaty of Waitangi), Indigenous knowledges and human rights; attention to issues of bullying and inclusion; and the responsibility of schools to address gender and sexual diversity in programmes and the whole school. This background paper discusses the evidence that informs the curriculum policy update, as well as aspects of the policy context in New Zealand that precede these changes.
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7

Winkelmann, Gregory. "Social work in health – The way ahead." Aotearoa New Zealand Social Work 25, no. 4 (2016): 85–88. http://dx.doi.org/10.11157/anzswj-vol25iss4id66.

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In this opinion piece the challenges facing social workers working in the physical and mental health fields are outlined. These challenges include the growing emphasis on the more holistic approach to treatment that is gaining emphasis with the waning of the medical model, the application of te Tiriti o Waitangi to how we practise and the integration of bi-culturalism and multiculturalism into practice, and a greater emphasis on recovery and empowerment. The piece goes on to suggest how these challenges can be faced using an evidence-informed practice and interventions in a culturally and Treaty-responsive pathway.
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8

Chrystall, Andrew Brian. "Making Sense of Indigenous ⬄ Colonial Encounters: New Zealand’s Treaty of Waitangi in a Digital Age." Laws 10, no. 2 (2021): 45. http://dx.doi.org/10.3390/laws10020045.

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This article explores how we interpret, write history, and make sense in a digital age. The study takes place at the intersection of three disciplines: Media and Communication Studies, Postcolonial Theory, and Law. This exploration is conducted in and through an examination of attempts to make sense of “official,” “legal” documents” that emerged out of indigenous ⬄ colonial encounters during the 19th century in New Zealand. Subsequently, this paper focuses on McKenzie’s seminal study of the New Zealand’s Treaty of Waitangi/Te Tiriti o Waitangi, and Jones and Hoskins’ study of The Second New Zealand Land Deed. These two studies are then interfaced with and considered in light of a recent governmental review of New Zealand’s ICT sector, infrastructure and markets. Here, the focus is on Regulating communications for the future: Review of the Telecommunications Act 2001, and the Telecommunications (New Regulatory Framework) Amendment Bill. This article finds that in a digital age—a world of deep fakes and total manipulability of mediated or recorded space—the hermeneut is required to enter and negotiate a (constrained) creative relationship: as an artisan, architect, or artist, with an interpretative context and/or medium.
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9

Kapa-Kingi, Eru. "Kia Tāwharautia Te Mātauranga Māori: Decolonising the Intellectual Property Regime in Aotearoa New Zealand." Victoria University of Wellington Law Review 51, no. 4 (2020): 643. http://dx.doi.org/10.26686/vuwlr.v51i4.6701.

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This article explores ways to decolonise aspects of the intellectual property system in Aotearoa New Zealand, primarily in respect of trade marks. It considers the seminal Wai 262 report of the Waitangi Tribunal and builds upon its findings and recommendations, while also offering new ideas of legal reform for protecting mātauranga Māori (Māori knowledge and expertise) from undue exploitation. This article also measures those ideas against the objectives and principles of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement), as well as other internationally recognised rights. Essentially, this article maintains that for any mechanism to be effective in recognising and upholding the tino rangatiratanga (unqualified self-determination) of Māori over their own mātauranga, that mechanism must be founded upon the principles of tikanga Māori (Māori laws and customs), which is a notion crystallised within the Treaty of Waitangi/Te Tiriti o Waitangi. It must also find its own meaningful place in the law of New Zealand that surrounds us today. It is only in this way that the extractive and thereby oppressive binds of the western intellectual property regime can be unpicked and put aside and the tapu (high status and associated sanctity) of mātauranga can be upheld. These words are also an honouring of those who spent countless hours on the Wai 262 report. It is hoped this article gives new and much needed life to the issue of protecting mātauranga Māori, which is still as relevant today as it was then. Kei aku rangatira, kei aku tapaeru, kei aku whakaruakākā, tēnei e ngākau whakaiti nei (an acknowledgement of all those who took part in Wai 262).
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10

Johnson Santamaria, Lorri, Andres Peter Santamaria, and Gurdev Kaur Pritam Singh. "One against the grain." International Journal of Educational Management 31, no. 5 (2017): 612–21. http://dx.doi.org/10.1108/ijem-11-2016-0237.

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Purpose The purpose of this paper is to reframe transformative and culturally sustaining leadership for a diverse global society by addressing the need for educational systems to better serve people of color, situated in the urban Auckland area of Aotearoa New Zealand (NZ), who have been marginalized by the societies to which they immigrate. Design/methodology/approach Grounded in an applied critical theoretical framework, this qualitative inquiry uses raw auto-ethnographical data gleaned from a case study featuring the voice of Deva, a Malaysian Punjabi woman educator, who is also an aspiring school leader. In aspects of her auto-ethnography, she candidly shares experiences of racism, discrimination, and oppression germane to her professional educational experiences in Aotearoa NZ. Findings Findings inform practice and policy to foster more inclusive school improvement in a bicultural and increasingly multicultural context that has historically recognized Maori (indigenous to Aotearoa NZ), Pakeha (of European descent), and Pacific Islander (e.g. Samoa, Tonga, Fiji, Niue, Cook Islands) achievement in a national context. Global and international implications are included. Originality/value This contribution presents a unique perspective showcasing Deva’s direct experiences with acknowledgment of and professional positioning around Te Tiriti o Waitangi – The Treaty of Waitangi, the principles of which are now being applied not only to the rights of Maori and Pakeha, but also Pacific Islander and immigrants to the country.
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