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Mutu - The state of Māori rights

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Mutu The state of Māori rights
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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.

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First published in 2011 by Huia Publishers 39 Pipitea Street PO Box 17335 - photo 1
First published in 2011 by Huia Publishers 39 Pipitea Street PO Box 17335 - photo 2
First published in 2011 by Huia Publishers 39 Pipitea Street PO Box 17335 - photo 3

First published in 2011 by Huia Publishers

39 Pipitea Street, PO Box 17335

Wellington, Aotearoa New Zealand

www.huia.co.nz

ISBN 978-1-86969-437-1 (print)

ISBN 978-1-77550-280-7 (EPUB)

ISBN 978-1-77550-281-4 (Kindle)

Copyright Margaret Mutu 2011

Copyright and publishing rights for the poem No Ordinary Sun are held by the Estate of Hone Tuwhare (). Permission of the Estate to reproduce the poem is kindly acknowledged.

Front and top back cover images: Gil Hanly

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, including photocopying, recording or otherwise, without prior permission of the publisher.

National Library of New Zealand Cataloguing-in-Publication Data

Mutu, Margaret.

The state of Mori rights / Margaret Mutu.

Includes bibliographical references and index.

ISBN 978-1-86969-437-1

1. Maori (New Zealand people)Civil rights. 2. Maori (New

Zealand people)Government relations. [1. Kwanatanga. Reo.

2. Mana motuhake. Reo] I. Title. II. Contemporary Pacific.

323.1199442dc 22

We gratefully acknowledge Ng Pae o te Mramatanga for its provision of a Publications Support Grant, which assisted in the publication of this work.

Picture 4

Ebook conversion 2015 by meBooks

List of Abbreviations

ABS

Aotearoa Broadcasting Systems

ACT

Association of Consumers and Taxpayers

ANZAC

Australia and New Zealand Army Corps

BIL

Brierley Investments Limited

CA

Court of Appeal

CEO

Chief Executive Officer

CERD

(United Nations) Committee on the Elimination of Racial Discrimination

ERMA

Environmental Risk Management Authority

Hon.

Honourable

HSBC

Hong Kong and Shanghai Banking Corporation

MA

Master of Arts

MLR

Mori Law Review edited by Tom Bennion

MMP

Mixed Member Proportional representation

MP

Member of Parliament

NZLR

New Zealand Law Reports

NZPA

New Zealand Press Association

OECD

Organisation for Economic Co-operation and Development

OTS

Office of Treaty Settlements

PhD

Doctor of Philosophy

QSM

Queens Service Medal

SFO

Serious Fraud Office

TPK

Te Puni Kkiri The Ministry for Mori Development

TWOA

Te Wnanga o Aotearoa

UNDRIP

United Nations Declaration on the Rights of Indigenous Peoples

USPGA

United States Professional Golf Association

CHAPTER 1:
Introduction

This book brings together a series of annual reviews of issues affecting Mori that have been published over the past fifteen years. In 1994, the editor of The Contemporary Pacific, a journal of Pacific Island affairs published out of the Centre for Pacific Island Studies at the University of Hawaii (Mnoa), asked me to provide a review of issues affecting Mori over the past year. Ranginui Walker had been providing annual reviews for the journal for several years and wanted to pass the role over to me. There was plenty to write about; during 1994 and 1995 Mori were once again at loggerheads with the New Zealand government, this time as we battled them over their iniquitous fiscal envelope policy for settling Treaty of Waitangi claims. So I agreed, and found it cathartic to be able to review and record our experiences over the previous twelve months, having participated in many hui not only amongst my own people of Te Hiku o te Ika (the Far North) but also on marae throughout the country. I had been actively involved in our own land issues and then our Treaty claims for nearly two decades and had the benefit of many hours of discussion with my own Ngti Kahu kaumtua and kuia, as well as many others around the country, about what was happening to the Mori world.

Issues and events as viewed through Mori eyes

Every year after that The Contemporary Pacific asked me to review the previous twelve months from July to the following June and that format has been retained here. Every year there were far more issues and events to report on than could be included in the review. Those I included were those I had heard being discussed on marae, in other hui, in Mori news media such as Mana magazine and on the Mori radio stations which had operated since the 1980s and then, since 2004, on Mori Television. Even so there were still several important issues that I did not cover. The approach I took was to try to capture as best I could the wide range of thinking expressed by Mori on issues and events affecting us as Mori. And while many of the events and issues I reviewed were covered in the mainstream (Pkeh) media, the way they were reported there rarely, if ever, reflected Mori thought on the matter.

Approach based on He Whakaputanga and Te Tiriti

My approach was strongly influenced by the teachings of my kaumtua. Much of what I reviewed dealt with our relationship with Pkeh and the ongoing struggle to free ourselves of their domination, oppression and discrimination. For my kaumtua, the relationship we entered into with the British in the nineteenth century was that set out first in He Whakaputanga o te Rangatiratanga o Nu Tireni: The Declaration of Independence of 1835, where our mana and tino rangatiratanga our sovereignty, our ultimate authority, control and ownership of the country was recognised and confirmed, followed by the formalisation in Te Tiriti o Waitangi of our relationship with the tino rangatira, the ultimate chief of the British: the Crown.against Mori being harmed by the lawless behaviour of her subjects.

Yet the British Crown has never been able to control her own subjects who came to live in our land, and for far too long they behaved in a manner that severely demeaned not only her mana, but also that of her descendants right down to today. For my kaumtua, setting that relationship right and, in doing so, upholding both He Whakaputanga and Te Tiriti, were the single most important aims they pursued in respect of our relationships with Pkeh and passed on to my generation to pursue after them.

The underlying problem of racism in New Zealand

The underlying cause of the violations of Te Tiriti was invariably racism, that deeply embedded notion of white supremacy which imbued the incoming British with a belief that they could dispossess Mori as and however they chose. Racism can be defined as the attitudinal or ideological phenomenon that accepts racial superiority, and, when present in those with power, justifies them using that power to discriminate against and deprive others of what is rightfully theirs on the basis of their race.

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