The Experts below are selected from a list of 327 Experts worldwide ranked by ideXlab platform
Michael Belgrave - One of the best experts on this subject based on the ideXlab platform.
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beyond the Treaty of Waitangi māori tribal aspirations in an era of reform 1984 2014
Journal of Pacific History, 2014Co-Authors: Michael BelgraveAbstract:ABSTRACTNew Zealand's neoliberal reforms, ushered in by the election of the fourth Labour government in 1984, were almost completely unanticipated. But soon after the election, Labour's emerging ambivalence towards the State found an ally in Māori political aspirations. The government sought to devolve state responsibilities, while Māori leaders demanded a greater role for tribal organisations, seeking greater control over Māori social and economic wellbeing. The Treaty of Waitangi provided the justification for Māori autonomy and the assertion of tribal sovereignty. Māori accepted, however grudgingly and provisionally, the Crown's dominant role as policy maker and funder. Governments in turn increasingly involved Māori in the provision of services, partially recognising tribal identities and organisations as providers of services and in Treaty settlements. Proportional representation gave Māori greater influence within the executive and the legislature, reducing the importance of the Treaty of Waitangi a...
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Beyond the Treaty of Waitangi: Māori Tribal Aspirations in an Era of Reform, 1984–2014
The Journal of Pacific History, 2014Co-Authors: Michael BelgraveAbstract:ABSTRACTNew Zealand's neoliberal reforms, ushered in by the election of the fourth Labour government in 1984, were almost completely unanticipated. But soon after the election, Labour's emerging ambivalence towards the State found an ally in Māori political aspirations. The government sought to devolve state responsibilities, while Māori leaders demanded a greater role for tribal organisations, seeking greater control over Māori social and economic wellbeing. The Treaty of Waitangi provided the justification for Māori autonomy and the assertion of tribal sovereignty. Māori accepted, however grudgingly and provisionally, the Crown's dominant role as policy maker and funder. Governments in turn increasingly involved Māori in the provision of services, partially recognising tribal identities and organisations as providers of services and in Treaty settlements. Proportional representation gave Māori greater influence within the executive and the legislature, reducing the importance of the Treaty of Waitangi a...
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Waitangi revisited perspectives on the Treaty of Waitangi
2005Co-Authors: Michael Belgrave, Merata Kawharu, David V Williams, I H KawharuAbstract:Foreword by Huw Kawharu 1. Introduction 2. The Treaty of Waitangi and the Recognition of Tikanga Maori 3. Waitangi and the Legal Systems of Aotearoa New Zealand: Conflict and Change 4. Unique Treaty Based Relationships Remain Exclusive 5. The Wait 262 Claim: A Claim by Maori to Indigenous Flora and Fauna: Me o Ratou Taonga Katoa 6. Lands Under the Sea: Foreshore and Seabed 7. A Short History of Post-Treaty Maori Customary Rights to Land 8. From the Sideline 9. Rangatiratanga and Social Policy 10. The Treaty of Waitangi and Social Well Being: Justice, Representation, and Participation 11. The Treaty in the Real Life of the Constitution 12. Orakei 13. Feast or Famine: Customary Fisheries Management in the Contemporary Tribal Society 14. Recovering Fagin's Ill-Gotton Gains: Settling Ngati Kahu's Treaty of Waitangi Claims Against the Crown 15. Cornerstone of the Nation State 16. The Tribunal and the Past: Taking a Roundabout Path to a New History 17. The Treaty of Waitangi in the Po
Carwyn Jones - One of the best experts on this subject based on the ideXlab platform.
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Tāwhaki and Te Tiriti: A Principled Approach to the Constitutional Future of the Treaty of Waitangi
2013Co-Authors: Carwyn JonesAbstract:Over the last 35 years, public discussion around the Treaty of Waitangi has been dominated by claims and settlements. Generally, there has been a focus on claims to land and natural resources based on historical breaches. But the Treaty has always been more than an instrument for dealing with claims against the Crown. With the deadline for lodging historical claims with the Waitangi Tribunal now passed, and the government ambitiously aiming to have all historical claims settled by 2014, it is timely to consider the constitutional significance of the Treaty beyond the historical claims and settlement processes. Treaty principles have played a vitally important role in the claims process to date, but, this paper argues, they ought not to be the foundation of a discussion about our constitutional arrangements because they do not allow for a truly principled approach to the constitutional future of the Treaty. A discussion about the constitutional place of the Treaty should instead be framed by principles that underlie the Māori legal system and be grounded in the Treaty as understood in its indigenous context.Kia mau ki te aka matua; kei mau ki te aka taepa - Cling to the main vine, not to the loose one.
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The Treaty of Waitangi companion: Māori and Pākehā from Tasman to today
AlterNative, 2011Co-Authors: Carwyn JonesAbstract:O’Malley, V., Stirling, B., & Penetito, W. (Eds.). (2010). The Treaty of Waitangi companion: Māori and Pākehā from Tasman to today . Auckland: Auckland University Press. 422 p. ISBN: 9781869404673.
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The Treaty of Waitangi Companion: Maori and Pakeha from Tasman to Today [Book Review]
AlterNative: An International Journal of Indigenous Peoples, 2011Co-Authors: Carwyn JonesAbstract:Review(s) of: The Treaty of Waitangi Companion: Maori and Pakeha from Tasman to Today, by O'Malley, V., Stirling, B., and Penetito, W. (Eds.). (2010), Auckland: Auckland University Press. 422 p. ISBN: 9781869404673.
Nicole Roughan - One of the best experts on this subject based on the ideXlab platform.
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Rebus Sic Stantibus and the Treaty of Waitangi
2007Co-Authors: Mark J. Bennett, Nicole RoughanAbstract:The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be pursued in the political realm. From within the law, however, the suggestion that the Treaty of Waitangi ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of 'rebus sic stantibus' as a possible tool for analysis. This article responds to Professor Waldron's suggestion that the Treaty might be considered overridden by a fundamental change in political circumstances. It first argues that the structuring logic which Professor Waldron advocates is a misreading of the signpost that international law offers towards the role of treaties in problems of intercultural justice. This article then presents a comparative assessment of United States practice relating to treaties, before examining tikanga Maori to consider how its core values might offer guidance on the continuing relevance of the Treaty. Finally, this article looks to contributions from political philosophy relating to the political morality of Treaty-based intercultural justice
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Rebus Sic Stantibus and the Treaty of Waitangi
Victoria University of Wellington Law Review, 2006Co-Authors: Mark J. Bennett, Nicole RoughanAbstract:The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be contested in the political realm. From within the law, however, the suggestion that the Treaty ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of rebus sic stantibus as a possible tool for analysis. This article responds to Professor Waldron's suggestion that the Treaty might be considered overridden by a fundamental change in political circumstances. It first argues that the structuring logic which Professor Waldron advocates is a misreading of the "signpost" which international law offers towards the role of treaties in problems of intercultural justice. The article then presents a comparative assessment of United States practice relating to treaties, before examining tikanga Māori to consider how its core values might offer guidance on the continuing relevance of the Treaty. Finally, the article looks to contributions from political philosophy relating to the political morality of Treaty-based intercultural justice.
Melissa Matutina Williams - One of the best experts on this subject based on the ideXlab platform.
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The Treaty of Waitangi companion: Maori and Pakeha from Tasman to today [Book Review]
The Journal of New Zealand Studies, 2011Co-Authors: Melissa Matutina WilliamsAbstract:Review(s) of: The Treaty of Waitangi companion: Maori and Pakeha from Tasman to today, edited by Vincent O'Malley, Bruce Stirling and Wally Penetito, Auckland University Press, Auckland, 2010, x, 422pp. ISBN 9781869404673.
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Vincent O’Malley, Bruce Stirling and Wally Penetito (Eds.). The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today
The Journal of New Zealand Studies, 2011Co-Authors: Melissa Matutina WilliamsAbstract:Review of The Treaty of Waitangi Companion: Māori and Pākehā from Tasman to Today.
Mark J. Bennett - One of the best experts on this subject based on the ideXlab platform.
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Rebus Sic Stantibus and the Treaty of Waitangi
2007Co-Authors: Mark J. Bennett, Nicole RoughanAbstract:The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be pursued in the political realm. From within the law, however, the suggestion that the Treaty of Waitangi ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of 'rebus sic stantibus' as a possible tool for analysis. This article responds to Professor Waldron's suggestion that the Treaty might be considered overridden by a fundamental change in political circumstances. It first argues that the structuring logic which Professor Waldron advocates is a misreading of the signpost that international law offers towards the role of treaties in problems of intercultural justice. This article then presents a comparative assessment of United States practice relating to treaties, before examining tikanga Maori to consider how its core values might offer guidance on the continuing relevance of the Treaty. Finally, this article looks to contributions from political philosophy relating to the political morality of Treaty-based intercultural justice
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Rebus Sic Stantibus and the Treaty of Waitangi
Victoria University of Wellington Law Review, 2006Co-Authors: Mark J. Bennett, Nicole RoughanAbstract:The question of the continuing significance of the Treaty of Waitangi is one to which neither legal practice nor scholarship has offered a definitive answer. The question is often regarded as less legal than political; a question of intercultural justice to be contested in the political realm. From within the law, however, the suggestion that the Treaty ought to be reassessed in light of modern circumstances was revived in 2005 when Jeremy Waldron, then University Professor at Columbia University, offered the international law doctrine of rebus sic stantibus as a possible tool for analysis. This article responds to Professor Waldron's suggestion that the Treaty might be considered overridden by a fundamental change in political circumstances. It first argues that the structuring logic which Professor Waldron advocates is a misreading of the "signpost" which international law offers towards the role of treaties in problems of intercultural justice. The article then presents a comparative assessment of United States practice relating to treaties, before examining tikanga Māori to consider how its core values might offer guidance on the continuing relevance of the Treaty. Finally, the article looks to contributions from political philosophy relating to the political morality of Treaty-based intercultural justice.
