This article contends that the intellectual history of developing British imperial policy towards indigenous peoples' property rights to land in the mid-nineteenth century is best approached through seeing policy as made in the context of two intellectual vocabularies that were conjoined: the stadial theory of history and the law of nations. New Zealand provides an example of these languages in contestable play between the 1830s and 1853 at a time when the expanding British Empire as a whole vied with (...) issues such as 'native title' and the placement and control of settler populations. (shrink)

Liberal writers share the intuition that the fundamental moral particle is the human individual, not the group. In this paper, I adopt the opposing intuition which many, including the indigenous Maori of New Zealand, say they feel: that it is the group that is fundamental, rather than the individual. I attempt to work out the doctrine which results from that intuition and call it?group foundationalism?. I then seek to explore the tenability of group foundationalism, not from the perspective of (...) external criticisms, but by reference to its own internal logic, and the experience of Maori. The problem raised is how far it is possible for a group which claims precedence over its members to be coherently self?defined, and to enjoy stable relations with other groups, including states, from which it may seek reparations for past wrongs, while sharing no common authority with them. (shrink)

Governments in New Zealand have legislated a large number of settlements extinguishing many hundreds of claims taken by Māori against the Crown for breaches of the country’s founding document, Te Tiriti o Waitangi. They portray settlements as a great success for Māori and the Crown. Māori disagree. Settlements are government-determined and imposed on Māori using a smoke and mirrors approach that masks successive governments’ true intentions: to claw back Māori legal rights; to extinguish all claims; and to maintain White (...) control over Māori. In short, to uphold the Doctrine of Discovery in further breach of Te Tiriti o Waitangi. Māori claimants and negotiators report being enticed into the process by false promises only to become traumatised and disenchanted. Yet many take a pragmatic stance and sign settlements, making the best they can out of a bad deal that goes nowhere near compensating for their actual loss. They know that despite what legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited. They also know that unless fundamental changes are made to the constitutional makeup of the country, there is no prospect of justice and reconciliation for Māori. (shrink)

The questions raised by Māori identity are not static, but complex and changing over time. The ethnicity known as “Māori” came into existence in colonial New Zealand as a new, pan-tribal identity concept, in response to the trauma of invasion and dispossession by large numbers of mainly British settlers. Ideas of Māori identity have changed over the course of succeeding generations in response to wider social and economic changes. While inter-ethnic marriages and other sexual liaisons have been common throughout the (...) Māori-Pākehā relationship, the nature of such unions, and the identity choices available to their descendants, have varied according to era and social locus. In colonial families, the memory of a Māori ancestor was often deliberately suppressed, and children were encouraged to deny that part of their history and “become” European New Zealanders: a classic form of what we call “trans-ethnicity.” From a Māori perspective, the relationship with Pākehā has been marked by a series of losses: loss of land, language, social cohesion, even loss of knowledge of whakapapa. This article explores this last form of loss, which leads to “suppressed” Māori identities, and possible effects of attempting to recover such lost Māori identity rights. (shrink)

In recent years, the trend in environmental ethics has been to criticize the traditional Western anthropocentric attitude toward nature. Many environmentalists have looked toward some of the views held by indigenous peoples in various parts of the world and argue that important ecological lessons can be learned by studying their beliefs and attitudes toward nature. The traditional Western viewpoint has been labeled as a form of shallow environmentalism, allowing few rights for anything other than human life. In contrast, indigenous (...) peoples are seen as respecting all things. Thus, the claim is made that the latter’secological views are deeper than those of Western views. John Locke is often placed at the center of this tradition that is associated with indifference to the environment. Yet, a comparison of the fundamental beliefs that drive the environmental ethics of the Maori people with those of John Locke reveals surprising similaries. It may well be the case that any adoption by the West of another culture’s view would be too difficult given that there are so many foundational beliefs that are alien to the West, but which are nevertheless required to drive such an ethic. Nevertheless, if we can find similarities between various views, such as those of the Maori and Locke, we may have a greater appreciation of one another’s beliefs and hence less reluctance to adopt them if they will benefit the environment. Our efforts could then perhaps be directed toward putting environmental ethics into practice rather than fighting over which doctrine is the correct one. (shrink)

From the time of British colonial settlement, innumerable taonga have been appropriated from the indigenous Māori population of Aotearoa/New Zealand, from cloaks, weapons, carvings and musical instruments to the practices and products of tā moko. This article focuses on the topic of cultural appropriation, homing in on a recent legal case, Whitmill v. Warner Bros., in which an artist sued Warner Bros. in a US court for pirating a ‘ Māori-inspired’ tattoo created for Mike Tyson, so as to tease out (...) the conflicts between intellectual property laws and norms on one hand, and international frameworks for human and cultural rights on the other. It examines the implications of the case for tā moko as an indigenous artistic tradition, and the tension between human/artistic and cultural rights, before discussing potential remedial strategies, drawing on the findings of the Wai 262 report into claims concerning New Zealand law and policy affecting Māori culture and identity. Theoretically, it employs Manuel DeLanda’s assemblage theory as a framework for analysis, the benefit of DeLanda’s work being that it provides a novel approach circumventing the usual ontological terms of intellectual property laws and norms, which tend towards a kind of methodological individualism or micro-reductionism. (shrink)

It is commonly claimed, in the global justice literature, that global injustices are best characterised in terms of the violation or unfulfilment of human rights. I suggest that global justice theorists are overconfident on this point. For decolonising peoples, contemporary global injustice is likely to be characterised in terms drawn from local histories of injustice and the constellations of thick ethical concepts they contain. To make the point I describe how the Māori of New Zealand, who do not reject (...) human rights, typically make no reference to human rights in political argument. I argue that the Māori are reasonable to consider human rights talk to be ‘one thought too many’, and the considerations that make this so typically apply in other postcolonial contexts of political activity. (shrink)

What is sovereignty? Was it ceded to the Crown in the Treaty of Waitangi? If land was unjustly confiscated over a century ago, should it be returned? Is an ecosystem valuable in itself, or only because of its value to people? Does a property right entail a right to destroy? Can collectives (such as tribes) bear moral responsibility? Do they have moral rights? If so, what are the implications for the justice system? These questions are essentially philosophical, yet all (...) thoughtful New Zealanders will be keen to see them discussed clearly, rigorously, and dispassionately. This book gathers together essays by eminent philosophers on some of these problems. All of them are New Zealanders or have connections with this region. The problems which this book addresses on aspects of justice and ethics are of concern to all New Zealanders. Students of law, Maori studies, philosophy, politics, and history will find it particularly helpful. (shrink)

Researchers, when engaging with Māori communities, are in a process of relationship building and this process can be guided by the principles of the Treaty of Waitangi, partnership, participation and protection. The main concerns for many indigenous peoples in research revolve around respect for their indigenous rights, control over research processes and reciprocity within research relationships to ensure that equitable benefits are realised within indigenous groups. Māori have identified similar issues and these concerns can be aligned with the principles (...) of the Treaty of Waitangi. The relevance of the Treaty of Waitangi to research ethics is discussed and this paper suggests a revised interpretation of the treaty principles to incorporate the range of ethical issues that Māori have expressed as important. (shrink)

Tuberculosis (TB) is a potentially fatal infectious disease that, in Aotearoa New Zealand (NZ), inequitably affects Asian, Pacific, Middle Eastern, Latin American, and African (MELAA), and Māori people. Medical research involving genome sequencing of TB samples enables more nuanced understanding of disease strains and their transmission. This could inform highly specific health interventions. However, the collection and management of TB isolate samples for research are currently informed by monocultural biomedical models often lacking key ethical considerations. Drawing on a qualitative kaupapa (...) Māori–consistent study, this paper reports on preliminary discussions with groups of Māori, Pacific, and Afghan people in NZ, whose communities have been harmed by TB and TB stigma. Participants’ discussions highlight key concerns and meanings that ought to inform the development of guidelines and a more robust consultative process for the governance of how TB isolate samples are collected and used both retrospectively and in future research. We argue for ethical processes to be culturally nuanced and community-generated, flexible and meaningful, and situated in relation to the physical and symbolic effects of TB. We discuss the significance of Indigenous data sovereignty, rights, and kāwanatanga (governorship) in shaping a multicultural data sovereignty model. (shrink)

The distinctiveness of Bioethics in New Zealand stems in part from a renewal of emphasis on Maori rights, based on the Treaty of Waitangi, the foundation document of the New Zealand state. Increasingly, committees dealing with health research ethics and with the ethics of assisted reproductive technology have to incorporate Maori values and perspectives.

The distinctiveness of Bioethics in New Zealand stems in part from a renewal of emphasis on Maori rights, based on the Treaty of Waitangi, the foundation document of the New Zealand state. Increasingly, committees dealing with health research ethics and with the ethics of assisted reproductive technology have to incorporate Maori values and perspectives.

This book is a survey of how law, language and translation overlap with concepts, crimes and conflicts. It is a transdisciplinary survey exploring the dynamics of colonialism and the globalization of crime. Concepts and conflicts are used here to mean 'conflicting interpretations' engendering real conflicts. Beginning with theoretical issues and hermeneutics in chapter 2, the study moves on to definitions and applications in chapter 3, introducing cattle stealing as a comparative theme and global case study in chapter 4. Cattle stealing (...) is also known in English as 'rustling, duffing, raiding, stock theft, lifting and predatorial larceny.' Crime and punishment are differently perceived depending on cultures and legal systems: 'Captain Starlight' was a legendary 'duffer'; in India 'lifting' a sacred cow is a sacrilegious act. Following the globalization of crime, chapter 5 deals with human rights, ethnic cleansing and genocide. International treaties in translation set the scene for two world wars. Introducing 'unequal treaties' (e.g. Hong Kong), chapter 6 highlights disasters caused by treaties in translation. Cases feature American Indians (the 'trail of broken treaties'), Maoris (Treaty of Waitangi) and East Africa (Treaty of Wuchale). (shrink)

Lack of attention to definitions of indigeneity is a problem in both political theory and practice. Defining indigeneity has at least two important consequences: it affects who has access to resources or rights reserved for Indigenous peoples; and it shapes the kinds of privileges and resources available to Indigenous peoples. In this article, I draw on Theodor Adorno’s concept of ‘nonidentity’ as a resource for exploring the power and limits of conceptions of indigeneity. I argue that recognizing the non-identical (...) aspects of indigeneity enables critical engagement with constellations of concepts that attend to the distinctive aspects of indigeneity in particular moments and locations. To illustrate my argument, I draw on one conception of indigeneity that could be characterized as non-identity thinking – a research approach called Kaupapa Māori. I suggest that non-identity is a promising resource for conceptualizing indigeneity as it has potential to respond to some of the key problems with current responses to indigeneity; notably, that universal definitions may not best represent what it means to be Indigenous, and that unreflective acceptance of current definitions fails to produce just outcomes. (shrink)

North America and New Zealand were colonized by England under an international legal principle that is known today as the Doctrine of Discovery. When Europeans set out to explore and exploit new lands in the fifteenth through the twentieth centuries, they justified their sovereign and property claims over these territories and the Indigenous people with the Discovery Doctrine. This legal principle was justified by religious and ethnocentric ideas of European and Christian superiority over the other cultures, religions, and races of (...) the world. The Doctrine provided that newly-arrived Europeans automatically acquired property rights in the lands of Native people and gained political and commercial rights over the inhabitants. England was an avid supporter of the Doctrine and used it around the world. The English colonial governments and colonists in New Zealand and America, and later the American state and federal governments and New Zealand governments, all utilized Discovery and still use it today to exercise legal rights to Native lands and to control their Indigenous people. In this article, the authors, an American Indian and a New Zealand Maori, use a comparative law methodology to trace and compare the legal and historical application of Discovery in both countries. The evidence uncovered helps to explain the current state of United States Indian law and the New Zealand law relating to Maoris. While the countries did not apply the elements of Discovery in the exact same manner, and at the same time periods, the similarities of their use of Discovery are striking and not the least bit surprising since the Doctrine was English law. Viewing American and New Zealand history in light of the international law Doctrine of Discovery helps to expand one's knowledge of both countries and their Indigenous peoples. (shrink)

This article is a response to a paper presented to the New Zealand Historical Association in 1991 by J. G. A. Pocock, who suggests that Pakeha (European) settlers are now becoming tangata whenua (people of the land) in the same way that Maori did. The principal idea examined is what an `indigenous' identity means once historical claims have been settled by Maori against the Crown, and whether there is any merit in the term `indigenous'. The article then examines (...) the logic behind the idea of `original occupation' and the assumed rights associated with this concept. (shrink)

This article takes ‘measurement’ as a will to determine or fix space and time, which allows for a comparison of ontological models of space and time from Western and Māori traditions. The spirit of ‘measurement’ is concomitantly one of fixing meaning, which is suggested as the essence of the growth of the scientific genre of language that has taken place alongside the growth of science itself, since the European Enlightenment. ‘Measurement’ and ‘metaphor’ are posited as an original binary for classifying (...) thinking and language, updating classical educational models of thought by drawing on recent results in brain and cognitive science, and recognising that basic cognitive resources, such as logic and rationality, power all forms of thinking. The article suggests that the notion of ‘cultural worldview’ may involve different balances of left and right brain thinking, embedded in the discourses, lexicons and grammars of each language, and that Western domination of left brain thinking may be a useful viewpoint on the philosophical dead end of the West. (shrink)

In "primitive" cultures, dual symbolic classification systems draw rigid temporal and spatial boundaries between the sacred and the profane. The right and left hands are described as sacred and profane, respectively. Durkheim saw a weakening of these systems as an aspect of modernization. A weakening of such dichotomous reason is shown in two examples. First, Hertz's study of the suppression of the left hand among the Maori links the left hand to the right cerebral hemisphere of the brain. The (...) further inference he might have drawn, but did not, is that the right hemisphere and its pattern thinking might play a significant role in magic, sorcery, and witchcraft. The Maori physical confinement of the left hand is no longer practiced. Second, in the United States, Hugdahl et al. present data from eight one‐decade cohorts showing that the decrease in left‐handedness by age was countered by a corresponding increase in left‐to‐right hand switching. A lower life‐span by left handers might account for some of the change across age cohorts, but at least half of the decrease in manifest left‐handedness was accounted for by a gradual decrease in social pressure not to use the left hand. Implications for the moral solidarity of postmodern society are discussed. (shrink)