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)

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)

Paul Smeyers’ keynote address to the PESA 2007 Conference, ‘The Entrepreneurial Self and Informal Education: On government intervention and the discourse of experts’ provides a timely call for questioning the governing of the family. This paper draws upon Smeyers’ key concerns to explore both historical and contemporary trends in clustering government agencies, under the guidance of child development experts. The guidance of two expert groups is problematised, with particular attention to an absence of commitment to Māori perspectives of (...) education and child‐rearing. Such an absence reflects, in New Zealand, a dangerous undermining of the historic treaty between the British and Māori. The paper then challenges, with brief reference to Jacques Derrida's discussions on autobiography and Freud's Legacy, the identity of expert groups advocating early intervention in the lives of families measured as a burden on economic and social progress. The paper posits that perhaps it is the developmental expert that requires some form of early intervention. (shrink)

Nineteenth-century imperialist discourses constructed European colonisation of indigenous inhabitants as an inevitable and necessary process for the progress of the colonies and the extension of the British Empire. Within this construct, imperialist and patriarchal discourses intersected to construct ‘white women’ in a manner that denied them legitimacy as autonomous individuals but simultaneously positioned them as actors within the imperial endeavour. Recent feminist scholarship has extended this historiography by considering how some women in nineteenth-century New Zealand were complexly positioned as both (...) agents and critics of colonisation, involved in imperial strategies and yet disruptive of practices of cultural assimilation of Maori. This article furthers this scholarship through an illustrative case study of one woman who embodied this complex positioning within patriarchal and imperialist discourses. English-born wife of the first Chief Justice of New Zealand, and outspoken critic of colonial policies associated with government appropriation of Maori land, Mary Ann Martin was actively involved in establishing Anglican training institutions for young Maori men and women, and in dispensing medical assistance to Maori. Examination of her positioning on the margins of imperial discourses offers an opportunity to consider the operation of colonialism as a discourse implicated by gendered, racialised identities. Detailed textual analyses of selected extracts of her reminiscences of her 34-year residence in New Zealand, which focus on her positioning as a member of the ‘inferior’ sex in the dominant race, offer an opportunity to examine the ways in which she simultaneously challenged and reinforced Victorian prescriptions of respectable womanhood; how her views on and interactions with Maori may have destabilised accepted notions of women's appropriate spheres of influence; and the extent to which her challenges to dominant views on race relations may have been inflected by her positioning within gendered discourses of femininity. (shrink)

In colonial states and settings, constitutional arrangements are often forged within contexts that serve to maintain structural racism against Indigenous people. In 2013 the New Zealand government initiated national conversations about the constitutional arrangements in Aotearoa. Māori leadership preceded this, initiating a comprehensive engagement process among Māori in 2010, which resulted in a report by Matike Mai Aotearoa which articulated a collective Māori vision of a written constitution congruent with te Tiriti o Waitangi by 2040.This conceptual article explores the (...) Matike Mai Aotearoa report on constitutional transformation as a novel means to address structural racism within the health system as a key domain within the constitutional sphere. Matike Mai suggests alternative conceptual structural formations through its focus on the kāwanatanga, the relational and the tino rangatiratanga sphere. This framework is informed by a range of Indigenous ethical values such as tikanga, belonging, and balance that can usefully inform the redesign of the health sector.We assert that constitutional transformation and decolonization are potentially powerful ethical sources of disruption to whiteness and structural racism. We argue that, to eliminate entrenched health disparities, change processes need to be informed by the Indigenous inspirations expressed in the Matike Mai report. (shrink)

Laura Stark’s ethnography of IRB decision-making unearthed two concerns: first, even though the committees were governed by ethical principles, the committees generated their own precedents for future decision-making; second, Stark witnessed unequal power relations within committee decision-making as a member’s expertise was accepted as a ‘warrant’. This article examines how these warrants are practiced within the decision-making process of New Zealand’s four Health and Disability Ethics Committees (HDECs or IRBs). More specifically, this article concerns these warrants during a committee’s decision (...) to consult with indigenous communities, a decision for which there exist no guidelines. The article ends by discussing ethical issues when observing in public places. (shrink)

ABSTRACT While populism is commonly considered antagonistic to democratic liberalism, recent research demonstrates how populist rhetoric may highjack traditional liberal discourses and opportunistically refashion them against the plight of minorities. Drawing on the concept of media populism, this research investigates how notions of ‘democracy’ and ‘equality’ were contested in debates on racism in New Zealand regional newspaper, The Taranaki Daily News, and further deployed to promote a populist agenda, against the representation of the Indigenous minority, Māori, in the local (...) class='Hi'>government. The analysis of letters to the Editor shows the prevalence of anti-Māori sentiment, articulated through such populist rhetoric as ‘majority’, ‘whole community’ and ‘togetherness’; while the appeal for Māori representation was framed as ‘special treatment’, ‘positive discrimination’, ‘separatism’ and ‘reverse racism’. Hence, by endorsing the populist discourse, media provide their audiences with the moral affinity to support racist and anti-minority policies; ultimately producing the political phenomenon of media populism. (shrink)

This article explores the recurrent global claim by indigenous peoples for their spiritual concerns to be taken seriously and given appropriate effect in public policy. The secular liberal state's commitment to ideals of religious neutrality and equal treatment of all faiths and none is clearly tested to the degree it privileges traditional indigenous religion in the name of fostering indigenous culture. This dilemma has been acutely raised in New Zealand where Maori metaphysical concerns—the appeasement of taniwha (spiritual monsters) and (...) the evils of mingling the mauri (life-force) of human and non-human species in genetic engineering—have been subjected to judicial scrutiny. Quite apart from issues of justiciability, the legal acknowledgment of indigenous spirituality raises questions about the continued secularity of the state. This essay traverses the varying responses to indigenous spirituality, especially criticisms that such recognition constitutes government countenancing of primitive superstition, a fostering of paganism or naked religious favouritism. (shrink)

During this period, when disciples were growing in number, a grievance arose on the part of those who spoke Greek, against those who spoke the language of the Jews; they complained that their widows were being overlooked in the daily distribution. When Americans think of ethnic conflict, conflict between blacks and whites comes to mind most immediately. Yet ethnic conflict is pervasive around the world. Azerbijanis and Turks in the Soviet Union; Catholics and Protestants in Northern Ireland; Arabs and Jews (...) in the Middle East; Maoris and English settlers in New Zealand; Muslims and Hindus in India and Pakistan; French and English speakers in Quebec; Africans, Afrikaaners, and mixed-race people in South Africa, in addition to the tribal warfare among the Africans themselves: these are just a few of the more obvious conflicts currently in the news. We observe an even more dizzying array of ethnic conflicts if we look back just a few years. Japanese and Koreans; Mongols and Chinese; Serbs and Croats; Christians and Buddhists in Viet Nam: these ancient antagonisms are not immediately in the news, but they could erupt at any time. And the history of the early Christian Church recounted in the Acts of the Apostles reminds us that suspicion among ethnic groups is not a modern phenomenon; rather, it is ancient. The present paper seeks to address the problem of ethnic conflict in modern western democracies. How can our tools and traditions of participatory governments, relatively free markets, and the common law contribute to some resolution of the ancient problems that we find within our midst? In particular, I want to focus here on the question of ethnic integration. (shrink)

Taniwha are powerful water creatures in te ao Māori (the Māori world/worldview). Taniwha sometimes affect public works in Aotearoa New Zealand: for example, consultation between government agencies and tangata whenua (the people of the land) about proposed roading developments sometimes results in the route being moved to avoid the dwelling place of a taniwha. Mainstream media responses have tended to be hostile or mocking, as you might expect, since on the face of it the dominant western scientific worldview has (...) no place for beings like taniwha. However, in the 2020s, there appears to be an increased willingness to engage with te ao Māori. In this spirit, this paper proposes a way for non-Māori to begin to take taniwha more seriously, taking as its starting point the work of Dan Hikuroa on the practical usefulness of taniwha pūrākau (traditional narratives) in encoding information about natural hazards. The focus of this paper is narrow, but aspects of the strategy it proposes may be generalisable both to other aspects of te ao Māori and to other bicultural and multicultural contexts. (shrink)

The National Women's Hospital research scandal saw women being involved in medical research without their knowledge and without the opportunity to make a choice about their participation. The 1988 Cartwright Inquiry into this decades-long study established a template for ethics review in New Zealand. Ethics committees were subsequently established to independently assess the potential benefits as well as risks of research. This book describes the gradual undermining of the independence of New Zealand ethics review and the politicisation of ethics committees (...) between 1988 and 2014. The authors, involved continuously in ethics review matters over the period, have seen substantial change brought about by government in response to another medical research crisis - in Gisborne in the late 1990s - and then between 2008 and 2010 an economic crisis involving foreign pharmaceutical companies. Some New Zealand medical researchers claimed that the ethics review process for clinical trials was too slow and was losing the country its economic advantage. This book traces the changes and the implications for a robust ethics review process in all research environments in New Zealand, especially those affecting Maori. The book includes a set of suggestions and recommendations aimed at enhancing independent ethics review, best practice, and the provision of adequate protection for all citizens. (shrink)

Cultural safety is increasingly recognised as imperative to delivering accessible and acceptable healthcare for First Nations Peoples within Australia and in similar colonised countries. A literature review undertaken to inform the inaugural Caring for Australians with Renal Insufficiency (CARI) guidelines for clinically and culturally safe kidney care for Aboriginal and Torres Strait Islander peoples revealed a timeline of the emergence of culturally safe kidney care in Australia. Thirty years ago, kidney care literature was purely biomedically focused, with culture, family and (...) community viewed as potential barriers to patient ‘compliance' with treatment. The importance of culturally informed care was increasingly recognised in the mid‐1990s, with cultural safety within kidney care specifically cited from 2014 onwards. The emergence timeline is discussed in this paper in relation to the five principles of cultural safety developed by Māori nurse Irihapeti Ramsden in Aotearoa/New Zealand. These principles are critical reflection, communication, minimising power differences, decolonisation and ensuring one does not demean or disempower. For the kidney care workforce, culturally safe care requires ongoing critical reflection, deep active listening skills, decolonising approaches and the eradication of institutional racism. Cultural safety is the key to truly working in partnership, increasing Indigenous Governance, respectful collaboration and redesigning kidney care. (shrink)

This paper examines the adoption and application of a participatory approach to the transfer of scientific research to farmers with the objective of supporting government policies for sustainable agriculture. Detailed interviews with scientists and farmers in two case studies in New Zealand are used to identify the potential and constraints of such an approach. One case study involves Māori growers wishing to develop organic vegetable production; the other involves commercial wheat farmers who want to improve their profitability and face (...) major problems of groundwater nutrification. The paper concludes that while both case studies are characterized as successful by those involved, there is an inherent creative tension between the adoption of a participatory approach and its use to advance public policy goals. (shrink)