1,721,024 research outputs found
Ngā Kete Mātauranga. Māori scholars at the research interface
No full textIn this beautiful and transformative book, 24 Māori academics share their personal journeys, revealing what being Māori has meant for them in their work. Their perspectives provide insight for all New Zealanders into how mātauranga is positively influencing the Western-dominated disciplines of knowledge in the research sector.
It is a shameful fact, says co-editor Jacinta Ruru in her introduction to Ngā Kete Mātauranga, that in 2020, only about 5 percent of academic staff at universities in Aotearoa New Zealand are Māori. Tertiary institutions have for the most part been hostile places for Indigenous students and staff, and this book is an important call for action. ‘It is well past time that our country seriously commits to decolonising the tertiary workforce, curriculum and research agenda,’ writes Professor Ruru.
The book demonstrates the power, energy and diversity that can be brought out into the world by Māori scholars working both comfortably and uncomfortably from within, without and across diverse academic disciplines and mātauranga Māori. – Professor Linda Tuhiwai Smith
These deeply personal stories provide a portal into the te ao Māori world, which many outside it seek to understand, but struggle to find a frame in which to do so. The abstract concept of decolonising the tertiary workforce is brought to life and given meaning by these kōrero of strength, where the authors display courage and vision from within an environment so often hostile to Indigenous ways of knowing. Read it, be inspired, and welcome this refreshingly written challenge to embrace mātauranga Māori and build a stronger academy. – Professor Juliet A. Gerrard, Prime Minister’s Chief Science Advisor Kaitohutohu Mātanga Pūtaiao Matua ki te Pirimi
Ngā Kete Mātauranga. Māori scholars at the research interface
No full textIn this beautiful and transformative book, 24 Māori academics share their personal journeys, revealing what being Māori has meant for them in their work. Their perspectives provide insight for all New Zealanders into how mātauranga is positively influencing the Western-dominated disciplines of knowledge in the research sector.
It is a shameful fact, says co-editor Jacinta Ruru in her introduction to Ngā Kete Mātauranga, that in 2020, only about 5 percent of academic staff at universities in Aotearoa New Zealand are Māori. Tertiary institutions have for the most part been hostile places for Indigenous students and staff, and this book is an important call for action. ‘It is well past time that our country seriously commits to decolonising the tertiary workforce, curriculum and research agenda,’ writes Professor Ruru.
The book demonstrates the power, energy and diversity that can be brought out into the world by Māori scholars working both comfortably and uncomfortably from within, without and across diverse academic disciplines and mātauranga Māori. – Professor Linda Tuhiwai Smith
These deeply personal stories provide a portal into the te ao Māori world, which many outside it seek to understand, but struggle to find a frame in which to do so. The abstract concept of decolonising the tertiary workforce is brought to life and given meaning by these kōrero of strength, where the authors display courage and vision from within an environment so often hostile to Indigenous ways of knowing. Read it, be inspired, and welcome this refreshingly written challenge to embrace mātauranga Māori and build a stronger academy. – Professor Juliet A. Gerrard, Prime Minister’s Chief Science Advisor Kaitohutohu Mātanga Pūtaiao Matua ki te Pirimi
Oil and gas in the exclusive economic zone
Full text linkThis article summarises some of the key points in a paper prepared by the author for the New Zealand Law Society: Exploration and Development within the EEZ – offshore oil and gas (NZLS CLE Ltd, March 2014)
Access to Justice in the Wake of War, Rule of Law Programming and Customary Justice in Post-conflict Bougainville
No full textFollowing civil war, (re)establishing operational, legitimate and accessible justice systems for resolving disputes is touted as critical for sustainable peace. Rule of law programmes carried out by actors such as United Nations agencies and non-governmental organisations have gained spectacular traction internationally as a favoured solution. However, it is becoming increasingly evident that the dominant, orthodox approach to rule of law programming, which focuses on top-down, technical, state-centred interventions, has produced poor results.
The overall aim of this study is to provide new empirical and theoretical knowledge of how rule of law programmes can strengthen access to justice for local populations in the wake of war. Recognising the empirical realities of legal pluralism and the relative accessibility of customary justice systems in many countries emerging from civil war today, this study focuses on rule of law programmes that take an alternate ‘justice from below’ approach and engage with customary justice systems. While often preferred by local populations, customary justice systems can pose challenges for equal access to justice and also tend to be inaccessible to outsiders, who generally lack the legitimacy to effectively engage with them. This is accentuated by the heightened state of flux and fragility in post-conflict societies. In an effort to address this dilemma, the central research question of this thesis is: How do rule of law programmes that engage with customary justice systems affect access to justice in post-conflict societies?
To answer this question and the repeated calls for interdisciplinary research in this field, this study takes an empirically-based approach, drawing on the social sciences as well as legal scholarship. Qualitative methods are used to examine a single case study: the PEACE Foundation Melanesia (PFM) dispute resolution training programme carried out in post-conflict Bougainville. A thematic analysis of 84 interviews conducted in Bougainville reveals three central themes, each of which poses significant challenges for access to justice in post-conflict Bougainville: customary decision-making, post-conflict insecurity, and gender-based violence.
The field research findings of this study suggest that by strategically tailoring the PFM programme to the dynamic transitional context in Bougainville – including post-conflict politics and high levels of insecurity – the PFM programme was perceived by local participants as legitimate and resonating with local justice theories. This in turn helped enable to programme to challenge some inequalities related to procedural justice by empowering wider participation and increased disputant voice in dispute resolution processes. It was also able to facilitate several processes of change that incrementally strengthened access to justice such as attitudes to gender roles in Bougainville, the use of restorative processes rather than violent retaliation, and contesting how cases of gender-based violence are dealt with. The study also found that there were key limits to the extent PFM’s efforts strengthened access to justice, for example in cases of power asymmetries between disputants.
This study is one of very few to empirically examine a rule of law programme that engages with customary justice systems in post-conflict societies and takes a ‘justice from below’ approach. By showing how and to what extent the PFM programme affected access to justice in post-conflict Bougainville, this study contributes original knowledge to the field of rule of law programming. Through deepening understanding of how programmes that engage with customary justice systems affect access to justice, the findings of this research shed light on how rule of law programmes can be designed to better respond to the needs of local populations in the wake of war
Waka Umanga: Has The Government Missed The Boat On Maori Collective Assets Management? Rethinking New Zealand Law For The Post-Settlement Era
Full text linkThis thesis considers the New Zealand Law Commission's 2006 proposal for the establishment of a new Maori governance entity known as Waka Umanga, and the fifth Labour government's subsequent Waka Umanga Bill 2007. This thesis explores the range of issues faced by Maori in the management of their collective assets, and the problems associated with current governance entities. This thesis concludes that, if enacted, the Waka Umanga Bill would have made significant improvements to the ability of Maori to manage their collective assets
Body snatching: a legal conflict
No full textThe main purpose of this thesis is to consider whether legal sanctions would be capable of deterring the practice of "body snatching," and, if so, whether the law should be reformed in New Zealand to clarify the legal situation of ownership in, and burial of, a dead body. The project will involve an analysis of existing law, proposed law changes, tikanga Māori, and comparative law elements. It will examine and synthesise primary and secondary legal sources, including relevant case law and statutory law. More specifically, the research aim is to provide an explanation of the legal aspects of the "body snatching" issue within Aotearoa/New Zealand, as it occurs within bicultural Māori and Pākehā families. [Extract from Introduction
Where Seas Meet: Reconciling Indigenous and Crown Projections of Marine Space in British Columbia and Aotearoa New Zealand
Full text linkThis paper considers how reconciliation between the differing legal and social constructions of the ocean of Indigenous peoples and the Crown is addressed in Canada and New Zealand’s legal systems, with particularly attention to case studies of marine spatial planning processes taking place in each jurisdiction
Finding Solutions for the Legislative Gaps in Determining Rights to the Family Home on Colonially Defined Indigenous Lands
No full textThis article queries: what happens to the family home if the owner dies or the couple separate when it has been built on, in Canada, Indian reserve land, or in NZ on Māori freehold land? This is a critical issue where the general law of a 50/50 split does not apply to Indigenous tenure land. The author explores the Canadian proposed legislation and illustrate the need for NZ to develop its own legal answers
Waka Umanga: Has The Government Missed The Boat On Maori Collective Assets Management? Rethinking New Zealand Law For The Post-Settlement Era
No full textThis thesis considers the New Zealand Law Commission's 2006 proposal for the establishment of a new Maori governance entity known as Waka Umanga, and the fifth Labour government's subsequent Waka Umanga Bill 2007. This thesis explores the range of issues faced by Maori in the management of their collective assets, and the problems associated with current governance entities. This thesis concludes that, if enacted, the Waka Umanga Bill would have made significant improvements to the ability of Maori to manage their collective assets
The Māori Land Court: Exploring the Space between Law, Design, and Kaupapa Māori
Full text linkAotearoa/New Zealand is currently contemplating legislative reform of Te Ture Whenua Maori Act 1993, the statutory regime that governs Māori land. With the focus of both Māori and the Crown once again strongly on the Māori land law regime, this thesis takes the opportunity to bring a new perspective to the Māori Land Court, as the legal entity that sits at the centre of that regime. It draws on law’s recent, growing interest in design-based concepts and practices and how these can usefully be brought to bear on legal subject matters. It combines law and design, within a Kaupapa Māori research and theoretical framework, with two overarching objectives: to explore whether a design perspective can enrich our understanding of the relationship between owners of Māori land and the Māori Land Court; and to explore what design might contribute to ongoing and future Court reform.
The relationship between owners of Māori land and the Māori Land Court is unique, and many owners of land may not be engaged with the Court or with their land interests, for a range of complex reasons. In illustration of this, many thousands of interests in Māori land have not been succeeded to through the Court, and remain in the ownership of a deceased individual. Design may make a valuable contribution here in that it encourages us to take seriously the notion that courts ought to be designed with all users in mind. This thesis draws on the emerging legal design field being developed by researchers in North America and Europe, and on accounts of Māori design within Aotearoa/New Zealand, to start to make the Western theory appropriate for application in our Indigenous legal spaces.
As part of the thesis, a small qualitative research study was undertaken with seven current Māori landowners, who have each recently used the Court to succeed to interests in Māori land. The research methodology was informed by design and Kaupapa Māori. Participants were asked to create collages and respond to exercises pertaining to their interactions with the Court, and then describe to the researcher what they made. The research sought to gain insights into the experience of succeeding to land through the Court.
Drawing on the results of that research, the thesis makes suggestions for how we can better attend to the experience of succeeding to Māori land through the Court, and better support those people who do so. The thesis also puts forward a framework for organising the different landowner relationships that surround the Court into three groups, of use, non-use (or potential use), and future-use. This framework may help us to consider how we can design the Māori Land Court system in such a way that all landowners will see its meaning and relevance to their lives.
The thesis also considers whether a design perspective might contribute to ongoing Court reform. The Crown has begun to mobilise “co-design” approaches towards policy and law reform in areas that affect Māori, and we may see a similar approach applied to the Māori Land Court in the future. To date, however, co-design approaches have promised more than they have delivered. The thesis suggests that a successful design-oriented reform approach to the Court would be collaborative, convivial, imaginative, experimental, and creative. It would connect with Indigenous political projects of reframing, envisioning, and creating. Furthermore, the field research suggests that Māori stakeholders are willing to engage in creative research methods, and that valuable insights emerge when they are asked to apply their creativity to issues of significance in their lives. These findings may prove useful if a design-based law reform approach is applied to the Māori Land Court in the future
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