"The Treaty ... remains central to debates about New Zealand society and its future. Among new issues to emerge ... are the inclusion of the Treaty in a large range of legislation, greater recognition by the Crown of its duty to recognise the Treaty, and the transformation of the claims process. This ... edition explores these new issues without losing sight of the historical perspectives ... The contributing authors ... provide a range of perspectives on the social legal and historical impact of the Treaty ... addressing issues that have emerged over the 1990s and into the twenty-first century"--Back cover.
The Treaty is as controversial today as it was in 1989 when "Waitangi: Māori and Pākehā Perspectives of the Treaty of Waitangi" was published. It remains central to debates about New Zealand society and its future. Among new issues to emerge in the last fifteen years are the inclusion of the Treaty in a large range of legislation, greater recognition by the Crown of its duty to recognise the Treaty, and the transformation of the claims process. The contributing authors provide a range of perspectives on the social, legal, and historical impact of the Treaty, and address the issues that have emerged over the 1990s and into the twenty-first century.
This landmark study examines issues surrounding New Zealand’s Treaty of Waitangi, focusing on recent Fiji revolutions and indigenous customary rights to the seabed and foreshore. In this revised edition, the author approaches these complex and controversial matters with a careful, thorough, and principled approach while dealing with the broad constitutional issues and responding to comments made by other scholars. This study will serve as an essential tool for those working in the area and for those engaged in this contemporary debate.
Beyond Biculturalism: The Politics of an Indigenous Minority is a critical analysis of contemporary Maori public policy. O'Sullivan argues that biculturalism inevitably makes Maori the junior partner in a colonial relationship that obstructs aspirations to self-determination. The political situation of Maori is compared to that of First Nations and Aboriginal Australians. The book examines contemporary Maori political issues such as the 'one law for all' ideology, the Foreshore and Seabed Act 2004, Maori parliamentary representation, Treaty settlements, and Maori economic development.
New Zealand is one of the world leaders of neoliberalism, and since 1984 its government has pursued neoliberal policies with a confidence that few other governments possess. Resistance is a collection by New Zealand indigenous Mā ori academics, activists, and leaders on resistance to neoliberalism. This unique book features a range of views that are often invisible to current debates on globalization.
The land claims presented before the Waitangi Tribunal, first established in 1975 as a permanent commision of inquiry to address claims by the Maori people, are discussed in this analysis of the role of legal courts and commissions in mediating disputes with indigenous peoples.
Taking an interdisciplinary approach unmatched by any other book on this topic, this thoughtful Handbook considers the international struggle to provide for proper and just protection of Indigenous intellectual property (IP). In light of the United Nations Declaration on the Rights of Indigenous Peoples 2007, expert contributors assess the legal and policy controversies over Indigenous knowledge in the fields of international law, copyright law, trademark law, patent law, trade secrets law, and cultural heritage. The overarching discussion examines national developments in Indigenous IP in the United States, Canada, South Africa, the European Union, Australia, New Zealand, and Indonesia. The Handbook provides a comprehensive overview of the historical origins of conflict over Indigenous knowledge, and examines new challenges to Indigenous IP from emerging developments in information technology, biotechnology, and climate change. Practitioners and scholars in the field of IP will learn a great deal from this Handbook about the issues and challenges that surround just protection of a variety of forms of IP for Indigenous communities.
The State of Maori Rights brings together a set of articles written between 1994 and 2009. It places on record the Maori view of events and issues that took place over these years, issues that have been more typically reported to the general public from a ‘mainstream’ media perspective. It is an important documentation of these fifteen years of New Zealand history, recording the assertion of Maori rights as the indigenous people of Aotearoa New Zealand, focusing on Maori issues and experiences and written from a Maori perspective. The reviews demonstrate the ongoing settling of grievances against the Crown for breaches of the Treaty of Waitangi, the solutions Maori have advocated and the benefits to the country when Maori advice on these matters is followed. Key issues include: - the 1994 ‘fiscal envelope’ - the 50,000-strong protest march against foreshore and seabed - Pakeha media attacks on Maori MPs and Maori initiatives. Maori success stories are also acknowledged such as Michael Campbell, Robert Hewitt, Willie Apiata and films such as Whale Rider.
Public and Environmental Health Law is a successor to Public Health Law and Regulation 2nd edition and offers a critical and up to date assessment of the legislation, cases and policies that impact on public health practice in Australia and New Zealand. As with earlier editions, this book outlines and discusses laws in a range of important areas including environmental health, food safety, communicable disease, obesity, tobacco and alcohol, the human health impacts of pollution control and planning law. Particular focus is given to new directions in public and environmental health law including the risk based approaches reflected in recent legislation and statutory duties to protect public health. New issues are also raised and discussed, including sustainability, the challenges of climate change, preparedness for pandemics and other public health emergencies and health impact assessment. Introductory chapters set public and environmental health law in the context of the wider legal system and discuss issues such as its constitutional structure, international trends and obligations, rights questions including natural justice and the proper exercise of statutory power by officers. The principles of legislation and its interpretation and the laws of evidence, with a particular focus on the use of epidemiological data as evidence, are also examined. Public and Environmental Health Lawis designed for students of environmental health and public health, for environmental health officers, medical officers and others working in the field and for all persons interested in the potential for law and legislation to further the practice of public health. It is written in a way that highlights the potential for law to act strategically, as a tool for improving public health outcomes, is extensively referenced to statutes and cases and is accompanied by a detailed bibliography.
Language, whether spoken, written, or signed, is a powerful resource that is used to facilitate social justice or undermine it. The first reference resource to use an explicitly global lens to explore the interface between language and social justice, this volume expands our understanding of how language symbolizes, frames, and expresses political, economic, and psychic problems in society, thus contributing to visions for social justice. Investigating specific case studies in which language is used to instantiate and/or challenge social injustices, each chapter provides a unique perspective on how language carries value and enacts power by presenting the historical contexts and ethnographic background for understanding how language engenders and/or negotiates specific social justice issues. Case studies are drawn from Africa, Asia, Europe, North and South America and the Pacific Islands, with leading experts tackling a broad range of themes, such as equality, sovereignty, communal well-being, and the recognition of complex intersectional identities and relationships within and beyond the human world. Putting issues of language and social justice on a global stage and casting light on these processes in communities increasingly impacted by ongoing colonial, neoliberal, and neofascist forms of globalization, Language and Social Justice is an essential resource for anyone interested in this area of research.
