Maori 130 test 2
Ariki dominion & mandate
"high chief" (only two ariki dynasties still acknowledged today). Dominion: Iwi/ Waka Mandate: Whakapapa (you are born into this position)
What themes and strategies typify Maori activism in the 1970s?
Maori were realizing their position, engaged in peaceful protests. Leavened by guidance of their elders.
Male & Female Moko
Men: full facial moko Female: chin and lip, moko kauae
Define Moko
Moko is Maori skin adornment, chiseling of skin and insertion of pigment
What themes and strategies typify Maori activism in the 1980s?
More militant edge, more willing to use force. Young people fed up with conservative elders emergence of new groups
What does Moko embody traditionally?
-Moko embodies the self; Visual representation of your identity - Patterns identified the wearer to others and were unique to that person, though they could also be recognized as derived from the traditional repertoire of design forms unique to his or her tribe. -Normal everyday part of traditional maori society About being aesthetically pleasing
What was the 'Lands' case?
-New Zealand Māori Council v Attorney General -Established SOEs: shifted government departments from public sector to private sector (privatized land which would prevent maori from owning it) -In context of rogernomics, neoliberalism taking hold in NZ
What was tahupotiki wiremu ratanas legacy?
-Pan tribal unification (only prophetic movement not restricted by region, reached across iwi lines) -Strong religious movement (church still active today) -Powerful political force (aligned with PM Michael savage to establish maori/ ratana seats in parliament. The political links with the Labour Party remained strong for over 40 years, but were effectively broken by the rise of the Māori Party,)
Land rights movement
-Characterized by Maori land march (1975), ragland golf course, bastion point
How is colonization connected to the over-representation of Indigenous peoples in prisons?
-Colonialism= violently taking lands and resources from indigenous people, loss of economic base and spiritual connection -not only psychologically damaging, but unable to provide for self/ family -cycle
What are some of the social costs of prisons?
-Impact on families/ children: 20,000 children in NZ with a parent in prison -Most women in prison= primary caregiver at time of arrest (Maori women have higher incarceration rate than men). Children often put in state care, cycle/ pipeline. -Normalizes prison as part of ones future.
How can we change health outcomes?
**can't just focus on individual behavior a) reversing the unequal distribution of the social determinants of health b) ensuring equitable access to and through health services c) ensuring equitable quality of care received
According to Professor Papaarangi Reid, what influences health outcomes?
**the social gradient stemming from institutionalized racism two opposing theories. that ethnic inequalities are due to: 1) the racialized expression of biology (bad genes) 2) the biological expression of racism (discriminatory and stressful society)***
What is the nature of constitutions
- about making decisions -code/ set of rules to describe how gov will function, who will make the rules, how to abide by them -comes from the people- a cultural creation -based on: concept of power (philosophy of constitutional authority) and site of power (institutions where societies decide power is to be exercised)
Tahupotiki Wiremu Rātana
- divine visitation, chosen to be god mouthpiece in the world -Faith healer and political leader -Personality and message of peace and maori self determination -Went on tour -Includes the faithful angels in the holy trinity -proclaimed that Ratana candidates would win the 4 Maori seats in the parliament -alliance with PM/ labour party -seats won 1943 although Ratana died 1939
What is the meaning behind the name Nga Tamatoa?
-"Young warriors" -Named after the 28th Maori Battalion (infantry battalion of the NZ army in WWII) -Wanted to fight for Maori as their ancestors in that battalion had fought for their nation in war
Describe how a growing political consciousness led to activism
-1960s: more young urban Maori aware of their place in society, NZ's colonial legacy, their alienation and oppression -no longer constrained by politeness/ diplomacy of elders ("let peace reign")
Maori language Petition
-1970: Nga Tamatoa launched petition for introduction of te reo in preschools/ primary -Hana Te Hemara toured NZ for two years to get support/ signitures (44,000) -Delivered petition to parliament by Nga Tamatoa and other organizations
Activism as Tikanga
-Activism emerges in the creation stories as a foundational value -Tane= first activist bc he challenged his reality to usher in Te Ao Marama -Maui= another activist, challenged status quo to benefit humans -other tupuna activitst -a whakapapa of resistance from the creation story to today
In the Wai 2540 (Department of Corrections and Reoffending Prisoners Claim) what principles did the Waitangi Tribunal find that the Crown had breached? What are some of the strengths and weaknesses of using the Tribunal to pursue such claims?
-Breached active protection and principle of equality -recommended that efforts to curb recidivism need be specific for maori (80% rate) -maori need to codesign solutions -Strengths: publicizes information and evidence, raises awareness, starts a dialogue -Weaknesses: not legally enforceable, just recommendations, non-binding.
Describe UN Special Rapporteur Stavenhagen's suggestions
-Constitution: Maori not adequately protected, need const. reform and to entrench treaty and Maori seats -FSSB: need to repeal/amend -Waitangi tribunal needs to be granted legally binding -treaty claims settlements need to be more fair and equitable -more resources for ED at all levels -culture: recognize/respect language, customs, knowledge systems, values and arts -social services need to be improved -NZ gov should support UNDRIP -Civil society: public media should be more balanced/ unbiased. need independent commission to monitor performance -no evidence of "maori privilege"
According to Cabinet Minutes, why did the Crown decide to settle Māori historical treaty claims in the 1990s?
-Crown horrified by implications of Lands case and legislation granting Tribunal binding powers. -'Unknown contingent liability': Crown no longer had control over costs or relativities of treaty settlements. Worried that they no longer had control of the process or how much it would cost. -'Parallel process': If claimants were dissatisfied with Crown settlements they could pursue settlements through the Tribunal, or both. Two different avenues that you could go through (OTS, could go to tribunal if unhappy).
What is decarceration?
-Decarceration is diluting the dominance of prisons in society -recognizing that incarceration does not solve long term social problems that create criminal justice pipeline -it is about using combo of legal, social, and institutional regulatory forms to replace criminal law -idea that prisons dont need to be an ingrained part of society (Maori ancestors lived without them) -social regulation/empowerment
Parts of a treaty claim settlement
-Historical account -Acknowledgements -Apology -Financial and Commercial redress -Cultural redress
Discuss Dr. Arapera Ngaha's contention that the role of rangatira in traditional maori society has transferred to other forms of leadership today?
-Leaders in all different sectors: doctors, politicians, professionals, academics, lawyers, religious leaders, experts in their field. -look to Maori people in those roles for guidance -Political leadership- look to these organizations for leadership: Runanga hui-a-iwi, NICF: national iwi chairs forum. Also Marea and hapu committees. -At whanau level, elders taking on role of rangatira.
Describe how the last land grab led to activism
-Maori Affairs Amendment Act 1967: shares of Maori land worth less than 50 pounds were deemed 'uneconomic.' Empowered the Maori trustee (not Maori) to compulsorily purchase and dispose of those shares -catalyst that sparked emergence of Maori activism in urban centers in 1960s
What was the significance of the 'Lands' case?
-Maori went to high court and asked them to halt privatization bc they were trying to get it back through tribunal & once in private sector, couldn't make claim -high court ruled in favor- government had to protect Maori first (Palmer had written into the SOE bill, Section 9, that it could not be inconsistent w/ the treaty). -empowered tribunal with one form of legally binding power: to return Maori land that was under crown forestry- DOC jurisdiction. *Don't exercise this power bc if they do, the government will dismantle them.
What impact did colonization have on mau moko in the 19th century?
-Missionaries demonized it -Settlers viewed it as barbaric/ heathen/ inferior bc they were disfiguring their bodies (If you are made in god's image, altering your image in such as way is an insult to god) -1860s: Became more of a symbol of resistance to colonization (tensions over land & resources etc) -1890s, less Maori population, saw lots of photographers and painters to do interpretations. romanticizing, capturing the Maori "as he was" -Continues to be a symbol of resistance
Explain Nikora's argument that "Moko takes on a symbolic power that questions Hegemony" and "contests the assumed right of dominant groups to dominate."
-Moko is a very visible manifestation of the failed efforts to make Maori subservient (Maori were expected to be a dying race) -presents alternative ways of being -resists assimilation: Such a visible representation of culture, demonstrates that as Maori, they exist and have resisted. Still honoring their culture. -reclaiming culture (Reclaiming a practice that colonization attempted to eradicate)
Waitangi Day Protests
-Nga Tamatoa started these in 1971 -Group had discovered that every year on "NZ day" a propeganda film of Waitangi was sent overseas bolstering myth of harmonious race relations
Bastion point
-Ngāti Whātua on the land, Crown wanted them off bc water way. -1951 burnt down Marae and pushed occupants out -1977 ppl started an occupation, 506 days -police force came in and removed them, 222 arrested -1991 claim w/ Waitangi tribunal- settlement
What was R v Symonds 1847?
-Settlers trying to buy land -Questioned the competence of settlers to buy land directly from Māori, foregoing Crown pre-emption -both the treaty and te tiriti said settlers could not buy land.
What themes and strategies typify Maori activism in the 1990s?
-Stagnant in early 90's bc people's energies were focused on Tribunal & retrospective powers -Mid 1990s back to more symbolic gestures (sit ins, americas cup, cutting down trees, decapitating statues). -pushback of rogernomics (transformed government departments--> privatized companies, many Maori laid off), neoliberalism/ capitalism. - during this time, unemployement skyrocketed, social disparities increased, prison rates went up -protested "Fiscal envelope": proposed settling all known and unknown treaty claims for $1 billion
For many Maori what has been the role that state institutions have played in their lives and how has this shaped the prison pipeline?
-State care: boys homes/ foster homes. 80% of young people at time of arrest are in state care, indicating that it is not a safe/ nurturing environment. Often a toxic/ violent mix of kids and teenagers. -Schools: zero tolerance policies. If you are expelled/ excluded from education, less likely to find financial security, look outside of the law for financial security. Track towards prison, -Policing/judicial system: Maori more likely to be arrested (4x than pakeha) if seen as perp, more likely to be convicted. (5x) Institutionalized racism.
What was the significance of Te Heuheu Tūkino 1941?
-The Law Lords of Britain took a new approach, ruling that the treaty was only enforceable if it was incorporated into domestic legislation. -they didn't necessarily win the case, BUT -Set a new legal precedent and gave Māori a target to set their sights on: incorporation of Te Tiriti into law.
What was the Te Heuheu Tūkino case of 1941?
-Tribe sued by timber company, tribe said that legislation under which the debt occurred went against treaty
According to policy documents made available to the public, why did the Crown decide to settle Māori historical treaty claims in the 1990s?
-To achieve harmonious race relations -To resolve historical injustices -To restore the mana of the Crown -To improve socio-economic status of Māori -To assure the public settlements are fair, full and final
How could gang formation be connected to state institutions?
-Way of rejecting pakeha ways/ the system that failed them -if you feel excluded from wider society/family/ the social structure, you construct a whanau structure of your own -often gang culture grows out of state care
What was the Prendergast ruling?
-Wi Parata v Bishop of Wellington 1877 -Ngāti Toa gifted land to the Church of England for educational purposes. The Church had not used the land for that purpose. Parata sought the return of those
What did the Crown hope to achieve by settling Māori historical grievances?
-a 'winding back' of Māori rights and Crown obligations -Extinguishment of all past, present and future claims regardless of whether they had been heard or not. -wanted these settlements to be full and final, get it done quickly -so one of the policies they came up with was the fiscal envelope- cap of 1 bil to settlement of all treaty claims. **So they came up with OTS, fiscal envelope, etc
Huakina Development trust
-case to the High Court against the Waikato Valley Authority for granting a water right to discharge dairy effluent into the Waikato River. River= taonga so protected under article 2 of tiriti -Judge said that while the treaty had not been incorporated into legislation it was 'part of the fabric of New Zealand society' and could be used as an 'extrinsic' aid to interpret legislation.
What is the national Iwi Chairs Forum Monitoring Mechanism
-group under NICF to monitor the government's compliance with UNDRIP; reports to the NICF and the UN Expert Mechanism on the Rights of Indigenous People in Geneva -Have released 3 reports, mostly stating that there is no evidence of adherence
How did Māori respond to the Crown's treaty claims settlement policy?
-held hui -pan tribal unity- universally rejected fiscal envelope -not only was the $ not enough, but inappropriate for whats been lost. Cant put a price on land/ cultural aspects lost. -land was taken and land should be returned. -suggested a partnership btwn iwi and crown to develop policy together (gov did not listen) -gov instead implemented that policy for the last 20 years.
Describe how urbanization led to activism
-in 50 years btwn 1936 and 1986, Maori transformed from 83% rural to 83% urban -Maori moved to cities for employment, education, entertainment -Impacts of society/ race relations: not as easy to ignore Maori anymore -Urbanization for some led to family breakdown, loss of traditional constraints of tribal leaders, and alienation -the initial economic promise of the city degraded in the 1970s, and Maori were hit the hardest
What role has activism played in securing rights for Maori?
-increases social awareness/ conciousness of the nation -Māori language reform -Establishment of Waitangi Tribunal and retrospective powers -Return of lands confiscated by the government. -push maori issues to top of national agenda, pushes leaders into acting -shifts the middle ground -contributed to maori identity and maori mana -helped to transform NZ from colonial nation ignorant of its past --> post-colonial nation addressing the past
Maori Land march
-march to Wellington/ parliament to raise awareness for land loss -first Hikoi of modern era -led by Whina Cooper -slogan= not one more dead, from Vietnam protests -march started on Maori language day in 1975 (to link land loss and language loss). -stopped at Marae each night, to discuss and get signatures, but big Marae didnt support them. -carried Maori land rights petition (signed by 60,000) and a Memorial of rights (signed by elders). -delivered to PM who said their efforts were not in vein -embarrassed minister of Maori affairs who had drafted and passed treaty of Waitangi act 3 days before (which established Waitangi Tribunal). He had been shutting down Marae.
What are some of the challenges to Maori forms of leadership today?
-modern vs traditional: urbanization disrupting traditional social structures (not living in iwi and hapu the majority of the time) -loss of consensus decision making -diverse range of fields where leadership is expressed, makes it hard to define/ get to the bottom of it
What are the outcomes of treaty claims settlements for Māori?
-no real outcomes on the day to day of Maori -many social inequities and disparities have actually increased since the creation of OTS (unemployment, income, poverty etc) -only 3/74 success stories (Ngai Tahi= success story, Ngati Toma= fail)
Why is the concept of a 'treaty settlement' problematic?
-no such thing -cant have a treaty settlement, either you recognize/ live by the terms of a treaty or, of if its no longer applicable, you make a new one *different from treaty claims settlement?
Summary of prophetic movements
-paphurihia: spirit of the serpent that tempted eve. arose after musket wars -Pai Marire: bible+ spiritual maori elements, peace, political sect Hauhua (more radical) -Ringatu: upraised hands, church still today -parihaka: pacifism/ civil disobediance, 1881 arrested residents of the town -Kenana: ringatu faith, wanted to build new Maori cities, discouraged people from fighting WWII -ratana
What is the role and function of the Waitangi Tribunal?
-permanent commission of inquiry hears claims made by maori that the crown has breached the treaty -writes public report, publicizes it, makes recommendations (nonbinding) -in those reports, defines the principles of the treaty
What could be some of the practices of decarceration? (try and name two areas we could redirect funds to or actions that could be implemented)
-redirecting money (1 bil spent per year) into education, housing, safe spaces/ playgrounds, health -including maori into the design of these solutions -decriminalizing drugs -changing rhetoric/ binary of "good guys and bad guys" from a young age- this language makes children believe the system is natural/normal instead of socially constructed -need to change the way people are treated when they are out, help them get back on their feet
characteristics of Maori prophetic movements
-regional (except ratina) -arose out of sense of despair and hopelessness -charismatic leadership -mandated by god -provide a basis for (kotahitanga) unity -anti-pakeha power -aimed to restore NZ to Maori through divine intervention -biblical basis + tikanga - acknowledgement of te tiriti o Waitangi -stop land sales -promoted Maori self-determination
Name some specific human rights and fundamental freedoms set out in the UN declaration on the Rights of Indigenous Peoples
-rights to self determination and culture, language, customs, world view (rangatiratanga) -prevent and redress theft of land/ natural resources and forced assimilation -return land or provide full comp -minimal standards to eliminate racism
What themes and strategies typify Maori activism in the 2000s?
-rise of mindless activism, addressing multiple inequalities -return to hikoi (foreshore and seabed) -refocusing on Waitangi day
What was the significance of R v Symonds 1847? Context?
-ruled in favor of Maori -Justice Chapman ruled that the crown had right of preemptive sale,. which is in the treaty, so the treaty is being upheld/ used as a constitutional document. -In context: Maori were majority/ dominant, won northern wars.
Maori Language Day
-started in 1972 by Nga Tamatoa -transformed into week, then month
What was the significance of the Prendergast ruling? Context?
-stated that treaty was simple nullity- Maori and their practices were primitive so it couldn't be upheld/ -treaty= contract btwn two sovereign nation. nullity bc signed btwn sovereign nation and savages, so couldn't be legally binding. -Context: Shift in social political landscape- more and more pakeha settlers, land loss, population loss. -this ruling dominated treaty jurisprudence for 70 years.
Name four of the constitutional foundations identified by Matike Mai Aotearoa the Independent constitutional transformation working group
-tikanga and kawa (tikanga in other parts of the country) -He Whakaputanga o te Rangatiratanga o Niu 1835 -Te Tiriti o Waitangi of 1840 -other indigenous human rights instruments
Name the constitutional values identified by Matike Mai Aotearoa he independent constitutional transformation working group
-tikanga: way we ought to live in Maori context -community: fair reps and good rltships btwn people -sense of belonging for everyone in the community -place: promote relationships/protect earth mother -balance: respect for the authority of rangatiratanga and kāwanatanga within the different and the relational spheres of influence -conciliation: Shift to consensus vs majority rules/ adversarial -structure: to have conventions that promote democratic ideals of fair rep, openness, and transparency
What kinds of expectations and pressures are placed on those who chose to wear moko in the present day?
-to live a clean lifestyle/ uphold certain ways of being -to be an exceptional moral and cultural role model -their moko represents "cultural fluency": heavy pressure to speak Maori, perform rituals, have cultural knowledge. -challenges from their own communities: who were they to be adorned? who's permission had they sought? -from outside the community: still a lot of judgement/ bias, association with gang culture/ criminalization
Why is the concept of 'the principles of the Treaty of Waitangi' problematic?
-two different documents with conflicting understandings and meanings; Hard to find common ground in two different documents that say different things. -Maori signed Te Tiriti not "the principles" -crown/ cabinets defines the principles, not Maori
What factors influenced the emergence of Maori activism in the late 1960s and the early 1970s?
-urbanization -context of western politics -growing political consciousness -the 'last land grab'
Determinants of Ethnic inequities in health (Camara jones)
1) Differential access to health determinants or exposure leading to differences in disease incidence. Social gradient. (NZ deprivation index- if NZ was perfectly equitable, would be 10% for each one. different death rates, but still gap at same deciles so more than just this) 2) differential access to health care (not simply accessing a doctor, but entering into/navigating the health system) 3) differences in quality of care received
Parts of Te Whare Tapa Whā
1) Taha Tinana: physical health. The capacity for physical growth and development 2) Taha Wairua: spiritual health- the capacity for faith and wider communication. life force. 3) Taha Hinengaro- mental health- the capacity to think, feel, and communicate; idea of mind and body as inseperable 4) Taha Whanau: family health- the capacity to belong to/ be part of wider social systems. strength, connects to ancestors.
Name the different types of constitutional models
1) Tricameral model with Tino Rangatiratanga sphere (Iwi/Hapu Assembly), Kawanatanga sphere (the crown), and a relational sphere (joint deliberative body) 2) same as 1 except rangatiratanga includes urban representation and other groups 3) same as 1 but relational sphere is made up of regional assemblys 4) Multisphere model: To handle when groups of maori/. Iwi were in relationships with the crown 5) Unicameral model 6) Bicameral model: No third body- those two spheres have to learn to talk together without electing third body
Two pathways to settlement
1)Iwi > Waitangi Tribunal > Get a report > Enter negotiations with OTS 2)Iwi > Bypass the Waitangi Tribunal > Go straight into direct negotiations with OTS
UN Special Rapporteur's and periodic reviews
1988-Erica-Irene Daes 2006- Stavenhagen 2011- Anaya UN periodic reviews
What was the Foreshore and Seabed Act?
2004; Confiscated everything below the main high watermark of Maori land. Only effected Maoris
What did the countries that did not sign UNDRIP have in common?
All share history of British immigration which marginalised, deprived and oppressed the indigenous peoples. states that still adhere to the doctrine of discovery
Describe how western politics led to activism
Civil rights movements/ counterculture around the world served as motivation -civil rights -American Indian movement -second wave feminism -vietnam -apartheid
What do we mean by health?
Definitions of health have changed and developed over the past century. -Maori Definition: Te Whare Tapa Whā by Mason Durie. Based on the four sides of a house/wharenui, four dimensions that should be considered together. If one is underdeveloped, a person will be unwell -Other Maori have critiqued this bc no environmental component, no structural analysis (treaty) -Rose Pere Model, Te Wheke (octopus). More detailed model -Western Definitions of Health: Older definitions were more utilitarian, who could work. Shift w/ WHO says "state of complete physical, mental and social well-being and not merely the absence of disease or infirmity." Doesn't mention spiritual. 80s, shift toward health promotion: Ottawa charter.
Who do we mean by Māori?
Depends on your definition: ancestry/ whakapapa or ethnicity (affiliation and self-identification to social group. complex, can have multiple, can change over time/situtations) -ethnic group used for social stats (related to certain social characteristics) -census question. How the crown counts people.
Rangatira dominion & mandate
Dominion: Iwi/ Hapu Mandate: Whakapapa, Skills, expertise, and prowess (you can be born into a rangatira line, but if you dont show skills etc, your people will look elsewhere. works in reverse too).
Explain the meaning of the expression 'Kahore te kumara e korero ki tona ake reka" (the kumara does not speak about its own sweetness) in relation to leadership
Dual aspect: -if you are in a leadership role, be humble -let people chose their own leaders, don't bring yourself forward to lead.
According to Professor Papaarangi Reid, Whose responsibility is Māori health?
Everyones. If someone is getting less resource and opportunity, someone is getting more. So everyone is involved.
Basic and surface causes
Idea that there are basic causes and surface causes of health, and most people don't address the basic causes (the isms)
What is the problem of "race"
In the past it has been used to justify racial superiority/inferiority; used to dehumanize people and justify differential treatmeny debunked
What countries did not sign the UNDRIP?
NZ, Australia, Canada, and USA
What is NICF
National Iwi Chairs' Forum -informal group of chairs of iwi; -meet quarterly to address issues affecting Māori; -73 members; -11 Iwi Leaders Groups addressing a range of Maori issues
Who was the last country to sign UNDRIP?
New Zealand finally supports in 2010 - after Australia and Canada. USA announced was intending to in 2009. Maori were excited but the PM tried to downplay it
Explain the difference between ta moko and mau moko
Ta = the process, practice, act of taking moko or performing moko. Mau = Wearing moko and honoring it & (mau means to wear/ put on)
What is Matike Mai Aotearoa
The independent working group on constitutional transformation. Established by NICF in 2010. Translates to "rise up" -best constitutional and tikanga brains we have -urban Māori authorities included and others groups
What is UNDRIP?
United Nations Declaration on the Rights of Indigenous Peoples Forty six articles are a statement setting out the human rights and fundamental freedoms of indigenous peoples - provide a blueprint for the implementation of Te Tiriti o Waitangi
Western vs Maori concept of power and site of power
Western concept of power= sovereignty, hierarchy Maori concept of power= Mana Western site of power= monarch Maori site of power= with rangatira/ ariki
What were the effects of Nga Tamatoa?
challenged the older leaders with new strategies for the same goals -Maori language petition (petition to include maori language/ culture in schools) -Maori language day -Maori language in schools -One year course for fluent speakers -Community action -Inspired land rights movement -They started waitangi day protests
Kaumatua dominion & mandate
elders: not necessarily a chief, but a leader of a family. Depends on whakapapa, age, wisdom and experience. Dominion: Whanau Mandate: Whakapapa
Tohunga dominion & mandate
ritual leaders or professional experts, in charge of taking care of the spiritual wellbeing of its people. Experts in their field (can be medicine, carving, etc) Dominion: Iwi/ Hapu/ Whanau Mandate: Whakapapa, Skills, expertise (normally you are born into this, dedicated to this skill from the time you are a child)
Overview of Maori Health
systematic disparities in -health outcomes -exposure to the determinants of health -health system responsiveness -representation in health workforce
What constitutional model dont people want?
the unicameral model- bc its what is currently in place and it is not working
What problem were Matike Mai Aotearao asked to solve?
to seek advice on a different type of constitutionalism that is based on He Whakaputanga and Te Tiriti. NOT asked How might the Treaty fit into the current Westminster constitutional system/ existing Parliamentary framework BC its very clear these frameworks cannot give effect to Te Tiriti o Waitangi bc it is based on the doctrine of discovery/ racism/ the subjugation of indigenous people