Maori 130 test 2 and exam
High Court also attempted to define principles
Partnership: Crown and Māori are to act reasonably and in good faith - Active Protection: Duty of Crown to actively protect Māori interests in land and water rights - Government must make informed decisions in relation to the treaty. - The Crown must remedy past grievances
What is a rangatira?
Political leaders or chiefs with dominion over iwi/hapu, determined by whakapapa and deeds
The Waitangi Tribunal should be granted what?
Powers to adjudicate Treaty matters with the force of the law. legally binding and enforceable powers
Sir Geoffrey Palmer was + what did want to do?
Prime minister wanted to write the Treaty of Waitangi in to the constitution
What language is closest to Maori?
Rarotongan
Why did Maori start to have non-traditional leaders?
Required leader who could lead them through colonisation difficulties with great influence
What did the Fourth Labour Government introduce?
Rogernomics (a series of radical far right free-market reforms)
How is education a determinant of health?
School decile has strong correlation to access to UoA, tertiary education affects later employment and income, influences body weight, smoking
What did the SOE Bill, Section 9 discuss?
that 'nothing in the Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi'.
Established SOEs did what?
transformed government departments and agencies into privatized companies
four key land war battles
wairau incident 1843 northern war 1845 taranaki 1860 waikato 1863
Young Maori 'party'
*An association not an electoral bloac *1897 Te Aute students association, james carroll and apirana ngata. *Not a political part *concerned with health and welfare, promoted western med. and ed. *All went to same Maori bording school
Who was Apirana Ngata?
*Eastern MP *Helped with Maori land *1928 Native Minister *His people thought highly of him
Māori leaders in non-traditional roles
*Political *Academic *Sports *business *church *entertainment *women
How did the high court rule about the transfer of the lands before the claims had been settled?
All five judges agreed unanimously that the Treaty of Waitangi, as given effect in Section 9, prevented the Crown from transferring lands to SOEs without first protecting Māori interests
What is 'access'?
Timely use of affordable, appropriate health care to achieve best possible outcome
What were the tribunals function?
To enquire into claims laid by Māori against the Crown that they have been prejudicially affected by government legislation, policy, action or inaction that is inconsistent with the Treaty
What is Taha Tinana?
physical health, capacity for physical growth and development
What are the characteristic features of Maori leadership today?
rangatira role shifted to kaumatua, democratic decision making, Te Heuheu dynasty determined by whakapapa
What were the 2 'arms' of the Pai Marire movement?
religious and political
What did the 1980s show for Māori?
saw an expansion of Māori rights as Parliament Cabinet, the Courts and the Waitangi Tribunal began making reference to the treaty
What was the significance of the Prendergast ruling?
'a simple nullity' and claimed that it was neither a valid treaty nor binding on the Crown. - Prendergast's judgment on the Treaty's validity was considered definitive for many decades causing the treaty to be basically ignored for 80 years. - his ruling was that Brittan attained sovereignty over NZ by discovery and by colonisation. Since Maori were lawless savages the treaty was meaningless.
Iriaka Ratana
*1949-1969 *1st women MP (labour, western) *welfare focus *Ratana's daughter in law.
Why introduce Māori electorates?
*Rising tension over land alienation North vs South Island (Goldfields, miners got seats so to even it out Maori in North Island were given them too) Land Wars aftermath (Loyalists) *Traditional vs 'contemporary' leadership. *UK liberal lobby/Article 3/tax payers (Pressure to look more favorable to native ppl vs other colonies. *3north island & 1 south island seats (hard for south island to vote)
Who was Ratana?
*pan Maori religious *Influenza epidemic, had a vision which made him work with his ppl. *Advocate for land rights *Got welfare benefits, took initiatives to secure vote for labour party in 1996 *Started Ratana movement *increased voter turnout
What occurred in 1980's relating to Maori rights?
- An expansion of Maori rights as Parliament, Cabinet, the Courts and the Waitangi Tribunal began making references to the treaty.
Why was song and dance inseperable from everyday life in traditional Maori society?
- Change the tunes so that it's pakeha tunes, also the lyrics so it represented Maori people - New instruments e.g. guitars - Performed in churches Expressing oursleves, communicating, remembering information including tikanga and matauranga maori, expression of our collective identity as maori
How were early hearings run?
- Early hearings were inquisitional, took place on marae - most claimants giving evidence were kaumatua (in Te Reo) - hearings were emotionally charged, but they took place under tikanga
What occurred between 1847 and 1877 to cause The Treaty to become more irrelevant?
- Immigration of Pakeha into NZ resulting in more settlers than Maori. - The Wars had been ongoing for many years.
Give two specific examples of issues raised by UN special rapporteur Rodolfo Staverhagen in his 2006 report on the situation of maori in New Zealand?
- Large number of areas Maori experience difficulty and are discriminated against - said the authority of the waitangi tribunal should be strengthened, that the recommendations should be binding - Maori continued to be denied self determination
What occurred in 1975?
- Maori activism. - People talking about Crown relationships in NZ and questioning the role of the Crown and Law. - The Tribunal established via the Treat of Waitangi Act 1975.
What is the United Nations Special Rapporteur Recommandations 2006?
- The Treaty of Waitangi should be entrenched constitutionally in a form that respects the pluralism of New Zealand society, creating positive recognition and meaningful provision for Māori as a distinct people, possessing an alternative system of knowledge, philosophy and law. - The Waitangi Tribunal should be granted legally binding and enforceable powers to adjudicate Treaty matters with the force of the law.
Development of the Tribunal
- Tribunal achieved little in it's first five years - Early reports 1983-88 largely dealt with environmental issues: (Manukau, Mangonui)
How did the Waitangi Tribunal emerge?
- as a consequence of social ferment - The radical politics of the 60s and 70s - Māori activism - Renewed academic interest
What was the significance of the 'Lands' case?
- first kind of victory for maori as being the first time greater recognition of the treaty came to exist since Predergrasts ruling. - The courts interpreted principle of the treaty as giving greater safeguards to maori - Cooke P of whom stated that the Treaty signified a partnership between Maori and Pakeha - therefore both parties were required to act in good faith toward one another and that the crown had a duty to provide active protection for Maori in the use of their land and waters.
Give two specific examples of the provisions outlined in the United nations decleration on the rights of indigenous people.
- states called on to prevent and redress theft of land and natural resources and forced assimilation (into Pakeha culture). - States urged to return land wherever possible or to provide full compensation
What is the Maori language?
-A Polynesian language.
What is the Western dialect?
1. Northland: - aspirated W for Wh. 2. Waikato: 3. Taranaki/Whanganui: - glottal stop for H. - glottal stop and W for Wh
What are different Dialects?
1. Western 2. Eastern 3. Central 4. Waipounamu 5. Moriori
When did the Pai Marire movement begin and what was it in general?
1860s, organised expression of Maori christianity
How many special rapporteurs have the United Nations sent to report on the situation of Maori in New Zealand?
3 Erica Daes Rodolfo Staverhagen
How many Maori electorates are there today?
7
How did Rangatira regarded te Tiriti?
= as an affirmation of tino rangatiratanga
What does internalized racism involve?
Acceptance of negative messages, undermines collective action, reflects societal norms, leads to poor health behaviour
Why did the crown decide to settle Maori historical treaty claims in the 1990s?
According to Crown Policy, this was done to achieve harmonious race relations, to resolve historical injustices and to restore the mana of the crown. However according to Cabinet Minutes it was due to the fact that the crown was horrified by implications of Lands case and legislation granting tribunal binding powers and because the crown no longer had control over costs or relativities of treaty settlements.
What were the central themes of the prophetic movements?
Arose out of despair and despondency, charismatic leadership, biblical visions, regional basis, divine intervention, anti Pakeha, national unification, anti land confiscation, Maori self determination
What does personally mediated racism involve?
Assumptions, discrimination, prejudice, condoned by societal norms, maintains structural barriers, leads to stress
What is the Kāwanatanga principle?
Crown had a right to govern uninhibited by the treaty but must make laws that were guided by the principles and meet the needs of the day
Whilst Māori were trying to reclaim land what was the Crown doing?
Crown lands were to be passed over to these companies and privatised by May of 1987
Tell about Maori Leadership today
Decision making shifts to democratic voting. Now Marae and hapu committees
What does institutional racism involve?
Differential access to goods, services and opportunities of society by race, historical basis, inaction in face of need, leads to poor access to health services
What is a kaumatua?
Elders with dominion over whanau, determined by whakapapa but associated with wisdom and experience
What are the 3 factors that influence health outcomes?
Exposure to determinants of health, access to healthcare, quality of care received
Who was Matiu Ratana?
Faith healer and political leader
What is Taha Whanau?
Family health, capacity to belong, share and care within wider social groupings
What contribution did Sir Apirana Ngata make to Maori performing arts?
He was the creator of action songs
What did the crown hope to achieve by settling Maori historical grievances?
In return for settling claims the Crown requires a 'winding back' of Maori rights and Crown obligations which included; extinguishment of all past, present and future claims, removal of jurisdiction of courts or tribunals to inquire into Maori claims now or in future and repeal all Maori rights and crown obligations on a claim by claim basis via settlements legislation. In essence they were 'winding back' to a time when Maori did not have rights.
Which of the following statements is false in relation to Kapa Haka?
Kapa Haka DOESN'T emphasize a collectivit culture including pan-tribal groups
What are examples of the state of Maori health?
Lower life expectancy, peak death rate at 65, higher rates of cancer, CVD, respiratory disease, diabetes
What were the non-traditional rangatira like?
Mandated by skills, expertise, battle prowess
How did Maori respond to the Crown's treaty claims settlement policy?
Maori iniversaly rejected the 'Fiscal Envelope' policy and stuck to the understanding that 'it was land that was taken, it is land that should be returned, and their ambitions for tino rangatiratanga. They furthermore suggested develping a policy in partnership with Iwi.
What is Taha Hinerango?
Mental health, capacity to communicate and show mind and body are inseperable
What impacts did contact and colonisation have on Maori performing arts?
Missionaries tried to iradicate it because they found it scraty, tried to prohibit all maori customs, tried to encourage english language as opposed to maori
What is an Ariki?
Most senior member of Maori aristocracy, between deity and man, dominion over waka/iwi, determined by whakapapa
What day is/was Parihaka day?
November 5th 1881
1990 onward: Crown reassert control over treaty settlements and undermine role of tribunal and establishes...
OTS, introduces direct negotiation, cut off date for submission of historical claims, Majority of Tribunal recommendations ignored.
What was the Ringatu movement based on?
Old testament teachings
What was the Ratana movement characterised by?
Pan tribal unification, strong religious influence, powerful political force
Who was the first Maori prophet and where was he based?
Papahurihia, Northland
What is the role and function of the Waitangi tribunal?
Set up by the Treaty of Waitangi Act 1975, the Waitangi Tribunal is a permanent commission of inquiry that makes non binding recommendations on claims brought by Maori relating to Crown actions which breach the promises made in the Treaty of Waitangi; its role and function being to define the Treaty principles within its reports.
What demonstrates the differential exposure to health determinants?
Skewed distribution of Maori in more deprived areas on NZDep scale
What is Taha Wairua?
Spiritual health, capacity for faith and wider communication
What is a tohunga?
Spiritual leader determined through whakapapa, deeds, skills, charisma, knowledge, provides advice with dominion over hapu
What was the one exception that was binding?
State Owned Enterprise and Crown forest lands. Exercised once in Turangi Township Report 1997
What is the WHO definition of health?
State of physical, mental and social wellbeing, not merely the absence of disease or infirmity
What aspect of Te Whare Tapa Wha do mainstream health methods generally lack?
Taha wairua
Who are the 2 Maori leaders of Ariki status today?
Tainui Maori King, Te Heuheu
Ngati Kahu is an iwi of?
Te Hiku o te Ika and Te Tai Tokerau
Who lead/started the Ringatu movement and how/when?
Te Kooti, 1860s, found divine intervention when imprisoned founding movement upon release
Treaty jurisprudence focuses on principals, avoiding what?
Te Tiriti and it's provision of tino rangatiratanga
Who lead the Pai Marire movement and what was his vision?
Te Ua Haumene, archangels Gabriel and Michael, israelites/Maori would be restored in NZ
Who lead the Parihaka movement?
Te Whiti and Tohu
What is the solution?
The Treaty of Waitangi should be entrenched constitutionally - The Waitangi Tribunal should be granted legally binding and enforceable powers to adjudicate Treaty matters with the force of the law
Until Te Tiriti is entrenched constitutionally it's status will remain at?
The discretion of the Crown, unenforceable in law
What are the outcomes of treaty settlements for Maori?
The outcomes were that inequality had increased, uneployment had increased (particularly for Maori), gap between maori and pakeha in welfare benefit increased, gap between maori and pakeha in poverty increased, number of maori language speakers declinesd, number of maori in maori medium education declined.
What is the name given to the assumption that there is a relationship between Te Tiriti o Waitangi and the Treaty of Waitangi?
Treaty jurisprudence (there is a relationship and the two documents can be read together)
What is an alternative model for Maori health?
Tu Wheke by Rose Pere
List the four nations that did not adopt the United Nations Decleration on the rights of indigenous peoples (UNDRIP) in 2007?
US, Canada, Australia, NZ
What is Te Whare Tapa Wha?
Whare with 4 equal sides representing 4 dimensions of Maori health and wellbeing
How did the Crown regard the treaty?
as a cession of sovereignty
How does the Waitangi Tribunal publish its findings?
as reports, findings are recommendations only, non-binding
What type of activism did the Parihaka movement involve?
civil disobedience
What do almost all of the reports show?
demonstrate gross breaches of the treaty and in many cases, that Crown actions were also illegal and/or inconsistent with the rule of law
How have successive new zealand governments responded to calls from Maori to sign and implement the United Nations decleration on the rights of indigenous peoples?
find answer...
What are the 4 aspects where systematic disparities are seen in Maori health?
health outcomes, exposure to determinants of health, health system responsiveness, representation in health workforce
Where is institutionalized racism evident in NZ?
housing, education, income support, health
What is the criticism of Te Whare Tapa Wha?
lacks environmental aspect and structural analysis
What myth did the Tribunal challenge ?
myths that New Zealand was settled peacefully and enjoyed the best race relations in the world
Why is the concept of the 'principles of the Treaty of Waitangi' problematic?
not consistent with the understandings of Maori - in its signing, the principles were not read or debated by rangatira. - Missionaries knew Maori wouldn't cede sovereignty thus they used a lesser term 'kawanatanga' to describe the powers of the queen and the stronger term 'rangatiratanga' to describe the authority retained by rangatira. - The ambuguity of the principles in the treaty enabled the British to wield complete economic dominance over Aotearoa, as a result, the British violated te Tiriti with latitude and do so continually. -To avoid having to implement Te Tiriti, only the "principles" and not the text are incorporated in legislation - legal interpretation is subject to judicial not Māori view.
What did the Parihaka movement preach?
peace, passive resistance, separation of races