title: A Case for an Indigenous Court - a realisation of self-determination?

authors: Toki, Valmaine

subjects: Indigenous

abstract: This thesis searches for appropriate ways to alter entrenched patterns of highly negative outcomes for Māori in the criminal justice system. The statistics demonstrate that proportionately, Māori are much more likely to be apprehended, arrested, prosecuted, convicted and incarcerated than other New Zealanders and ethnic groups, and much less likely to be granted parole. 

An overview of the current relationship between Māori and the criminal justice system provides a background to begin understanding these long-standing patterns. An examination of the ancestral conceptions of tikanga Māori, including issues of proper conduct, punishment, behaviour and attaining balance, provides a persuasive framework to positively transform the criminal justice system. In order to understand why tikanga Māori is not meaningfully realised today, an historical review of the introduction of English law and legal systems clarifies the negative and almost fatal impact English law had on tikanga Māori. 

An evaluation of two instruments — Treaty of Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples — provides further context for this dialogue. A specific focus on the right to culture and the right of self-determination, within these two documents, highlights the need to meaningfully revisit and/or realise these rights as a pathway to recognise the concepts of tikanga Māori. A review of comparative jurisdictions indicates existing support for the right to culture and the right of self-determination within respective legal systems and constitutions. 

An examination of the current criminal justice initiatives and policies in New Zealand highlights the status quo. This current status quo is set against initiatives in comparative jurisdictions. Following a domestic and international analysis, models underpinned by therapeutic jurisprudence and tikanga Māori, are suggested as a potential way forward for Māori to realise a form of self-determination.


In conclusion, new frameworks are proposed. These may provide an opportunity to apply the philosophy of Te Ao Māori, realised by an indigenous legal system, manifested by an indigenous court premised on fundamental Māori concepts and doctrine as the most promising way forward for Māori to ameliorate the disproportionate offending rates. A suggested extension to the Māori Land Court to include a criminal jurisdiction or, alternatively, a Tikanga Court is proposed.

text: A Case for an Indigenous Court - a realisation of self-determination? This thesis searches for appropriate ways to alter entrenched patterns of highly negative outcomes for Māori in the criminal justice system. The statistics demonstrate that proportionately, Māori are much more likely to be apprehended, arrested, prosecuted, convicted and incarcerated than other New Zealanders and ethnic groups, and much less likely to be granted parole. 

An overview of the current relationship between Māori and the criminal justice system provides a background to begin understanding these long-standing patterns. An examination of the ancestral conceptions of tikanga Māori, including issues of proper conduct, punishment, behaviour and attaining balance, provides a persuasive framework to positively transform the criminal justice system. In order to understand why tikanga Māori is not meaningfully realised today, an historical review of the introduction of English law and legal systems clarifies the negative and almost fatal impact English law had on tikanga Māori. 

An evaluation of two instruments — Treaty of Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples — provides further context for this dialogue. A specific focus on the right to culture and the right of self-determination, within these two documents, highlights the need to meaningfully revisit and/or realise these rights as a pathway to recognise the concepts of tikanga Māori. A review of comparative jurisdictions indicates existing support for the right to culture and the right of self-determination within respective legal systems and constitutions. 

An examination of the current criminal justice initiatives and policies in New Zealand highlights the status quo. This current status quo is set against initiatives in comparative jurisdictions. Following a domestic and international analysis, models underpinned by therapeutic jurisprudence and tikanga Māori, are suggested as a potential way forward for Māori to realise a form of self-determination.


In conclusion, new frameworks are proposed. These may provide an opportunity to apply the philosophy of Te Ao Māori, realised by an indigenous legal system, manifested by an indigenous court premised on fundamental Māori concepts and doctrine as the most promising way forward for Māori to ameliorate the disproportionate offending rates. A suggested extension to the Māori Land Court to include a criminal jurisdiction or, alternatively, a Tikanga Court is proposed.

year: 2016

title: Shifting tectonic plates of key discourses in New Zealand early childhood education policy (1989-2017):  A critical discourse analysis at the dawn of change

authors: Westbrook, Fiona

subjects: New Zealand

abstract: This thesis analysed the presence of neoliberalism, socialism and te Ao Māori in fundamental policy documents that frame New Zealand early childhood practice. It did so to critically engage with, and thus make sense of, neoliberalism’s application and potential growth in New Zealand early childhood policies from 1989 to 2017. The research additionally focused on the interplay of socialist and te Ao Māori discourses in these texts, in conjunction with neoliberalism. It employed a poststructuralist conceptual framework that utilised Kristeva’s intertextuality and Foucault’s discourse, governmentality, and power/knowledge. The philosophical framework facilitated an appreciation of the early childhood education (ECE) sector and government discourses, via policies that exhibited discursive power, truths, and knowledges. This thesis’ approach was employed through a critical discourse analysis, incorporating Kristeva’s intertextuality, Fairclough’s manifest intertextuality and interdiscursivity, as well as a keyword search. This form of document analysis was selected because it enabled me as the researcher to gain a deeper more developed understanding of the policy texts, eliciting meaning and recognition of the discourses often naturalised within them. 
 
Contrary to the dominant claims in ECE literature concerning contemporary discourse, the analysis did not discover the neoliberal discourse’s predominance within the selected policies and documents, as was expected. The neoliberal discourse did exist within government endorsed texts, such as the foreword of Te Whāriki (Ministry of Education, 2017b) and Four Year Plan 2016-2020 (Ministry of Education, 2016). However, when the texts came closest to the sector, such as Te Whāraki (Ministry of Education, 1996; 2017b) and the Licensing Criteria Early Childhood Education and Care (Ministry of Education, 2008), the discourses of socialism, te Ao Māori and neoliberalism, nullified, transformed and modified one another. These findings were exemplified in the updated Te Whāraki (Ministry of Education, 2017b), that limited the neoliberal use of individualism from the original, while also upgrading children’s future potential. ‘Future’ within this text, however, was constructed through a modification of te Ao Māori by absorbing and embodying it in incomplete ways.  
 
This thesis analysed the presence of neoliberalism, socialism and te Ao Māori in fundamental policy documents that frame New Zealand early childhood practice. It did so to critically engage with, and thus make sense of, neoliberalism’s application and potential growth in New Zealand early childhood policies from 1989 to 2017. The research additionally focused on the interplay of socialist and te Ao Māori discourses in these texts, in conjunction with neoliberalism. It employed a poststructuralist conceptual framework that utilised Kristeva’s intertextuality and Foucault’s discourse, governmentality, and power/knowledge. The philosophical framework facilitated an appreciation of the early childhood education (ECE) sector and government discourses, via policies that exhibited discursive power, truths, and knowledges. This thesis’ approach was employed through a critical discourse analysis, incorporating Kristeva’s intertextuality, Fairclough’s manifest intertextuality and interdiscursivity, as well as a keyword search. This form of document analysis was selected because it enabled me as the researcher to gain a deeper more developed understanding of the policy texts, eliciting meaning and recognition of the discourses often naturalised within them. 
 
Contrary to the dominant claims in ECE literature concerning contemporary discourse, the analysis did not discover the neoliberal discourse’s predominance within the selected policies and documents, as was expected. The neoliberal discourse did exist within government endorsed texts, such as the foreword of Te Whāriki (Ministry of Education, 2017b) and Four Year Plan 2016-2020 (Ministry of Education, 2016). However, when the texts came closest to the sector, such as Te Whāraki (Ministry of Education, 1996; 2017b) and the Licensing Criteria Early Childhood Education and Care (Ministry of Education, 2008), the discourses of socialism, te Ao Māori and neoliberalism, nullified, transformed and modified one another. These findings were exemplified in the updated Te Whāraki (Ministry of Education, 2017b), that limited the neoliberal use of individualism from the original, while also upgrading children’s future potential. ‘Future’ within this text, however, was constructed through a modification of te Ao Māori by absorbing and embodying it in incomplete ways.  
 
This thesis analysed the presence of neoliberalism, socialism and te Ao Māori in fundamental policy documents that frame New Zealand early childhood practice. It did so to critically engage with, and thus make sense of, neoliberalism’s application and potential growth in New Zealand early childhood policies from 1989 to 2017. The research additionally focused on the interplay of socialist and te Ao Māori discourses in these texts, in conjunction with neoliberalism. It employed a poststructuralist conceptual framework that utilised Kristeva’s intertextuality and Foucault’s discourse, governmentality, and power/knowledge. The philosophical framework facilitated an appreciation of the early childhood education (ECE) sector and government discourses, via policies that exhibited discursive power, truths, and knowledges. This thesis’ approach was employed through a critical discourse analysis, incorporating Kristeva’s intertextuality, Fairclough’s manifest intertextuality and interdiscursivity, as well as a keyword search. This form of document analysis was selected because it enabled me as the researcher to gain a deeper more developed understanding of the policy texts, eliciting meaning and recognition of the discourses often naturalised within them. 
 
Contrary to the dominant claims in ECE literature concerning contemporary discourse, the analysis did not discover the neoliberal discourse’s predominance within the selected policies and documents, as was expected. The neoliberal discourse did exist within government endorsed texts, such as the foreword of Te Whāriki (Ministry of Education, 2017b) and Four Year Plan 2016-2020 (Ministry of Education, 2016). However, when the texts came closest to the sector, such as Te Whāraki (Ministry of Education, 1996; 2017b) and the Licensing Criteria Early Childhood Education and Care (Ministry of Education, 2008), the discourses of socialism, te Ao Māori and neoliberalism, nullified, transformed and modified one another. These findings were exemplified in the updated Te Whāraki (Ministry of Education, 2017b), that limited the neoliberal use of individualism from the original, while also upgrading children’s future potential. ‘Future’ within this text, however, was constructed through a modification of te Ao Māori by absorbing and embodying it in incomplete ways.  
 
The findings of this thesis imply socialism, te Ao Māori and neoliberalism are constantly competing with one another in the analysed policies that construct New Zealand ECE discourses and, as a consequence, influence practice. This plurality has the potential to hinder one discourse from gaining domination over the others. Their joint consumption's and conflicts appear to periodically lessen and strengthen neoliberalism’s power/knowledges across eras, administrations, policies and paragraphs, as exemplified in the updated curriculum. These findings imply that the ‘drivers’ of power are pivotal, hindering and strengthening these discourses which are both complementary and competing. Additionally, the thesis establishes implications regarding the rich complexities of discourses, which can conceal themselves in other discourses, calling for deeper critical reflection if some power/knowledges are to be reduced.

text: Shifting tectonic plates of key discourses in New Zealand early childhood education policy (1989-2017):  A critical discourse analysis at the dawn of change This thesis analysed the presence of neoliberalism, socialism and te Ao Māori in fundamental policy documents that frame New Zealand early childhood practice. It did so to critically engage with, and thus make sense of, neoliberalism’s application and potential growth in New Zealand early childhood policies from 1989 to 2017. The research additionally focused on the interplay of socialist and te Ao Māori discourses in these texts, in conjunction with neoliberalism. It employed a poststructuralist conceptual framework that utilised Kristeva’s intertextuality and Foucault’s discourse, governmentality, and power/knowledge. The philosophical framework facilitated an appreciation of the early childhood education (ECE) sector and government discourses, via policies that exhibited discursive power, truths, and knowledges. This thesis’ approach was employed through a critical discourse analysis, incorporating Kristeva’s intertextuality, Fairclough’s manifest intertextuality and interdiscursivity, as well as a keyword search. This form of document analysis was selected because it enabled me as the researcher to gain a deeper more developed understanding of the policy texts, eliciting meaning and recognition of the discourses often naturalised within them. 
 
Contrary to the dominant claims in ECE literature concerning contemporary discourse, the analysis did not discover the neoliberal discourse’s predominance within the selected policies and documents, as was expected. The neoliberal discourse did exist within government endorsed texts, such as the foreword of Te Whāriki (Ministry of Education, 2017b) and Four Year Plan 2016-2020 (Ministry of Education, 2016). However, when the texts came closest to the sector, such as Te Whāraki (Ministry of Education, 1996; 2017b) and the Licensing Criteria Early Childhood Education and Care (Ministry of Education, 2008), the discourses of socialism, te Ao Māori and neoliberalism, nullified, transformed and modified one another. These findings were exemplified in the updated Te Whāraki (Ministry of Education, 2017b), that limited the neoliberal use of individualism from the original, while also upgrading children’s future potential. ‘Future’ within this text, however, was constructed through a modification of te Ao Māori by absorbing and embodying it in incomplete ways.  
 
This thesis analysed the presence of neoliberalism, socialism and te Ao Māori in fundamental policy documents that frame New Zealand early childhood practice. It did so to critically engage with, and thus make sense of, neoliberalism’s application and potential growth in New Zealand early childhood policies from 1989 to 2017. The research additionally focused on the interplay of socialist and te Ao Māori discourses in these texts, in conjunction with neoliberalism. It employed a poststructuralist conceptual framework that utilised Kristeva’s intertextuality and Foucault’s discourse, governmentality, and power/knowledge. The philosophical framework facilitated an appreciation of the early childhood education (ECE) sector and government discourses, via policies that exhibited discursive power, truths, and knowledges. This thesis’ approach was employed through a critical discourse analysis, incorporating Kristeva’s intertextuality, Fairclough’s manifest intertextuality and interdiscursivity, as well as a keyword search. This form of document analysis was selected because it enabled me as the researcher to gain a deeper more developed understanding of the policy texts, eliciting meaning and recognition of the discourses often naturalised within them. 
 
Contrary to the dominant claims in ECE literature concerning contemporary discourse, the analysis did not discover the neoliberal discourse’s predominance within the selected policies and documents, as was expected. The neoliberal discourse did exist within government endorsed texts, such as the foreword of Te Whāriki (Ministry of Education, 2017b) and Four Year Plan 2016-2020 (Ministry of Education, 2016). However, when the texts came closest to the sector, such as Te Whāraki (Ministry of Education, 1996; 2017b) and the Licensing Criteria Early Childhood Education and Care (Ministry of Education, 2008), the discourses of socialism, te Ao Māori and neoliberalism, nullified, transformed and modified one another. These findings were exemplified in the updated Te Whāraki (Ministry of Education, 2017b), that limited the neoliberal use of individualism from the original, while also upgrading children’s future potential. ‘Future’ within this text, however, was constructed through a modification of te Ao Māori by absorbing and embodying it in incomplete ways.  
 
This thesis analysed the presence of neoliberalism, socialism and te Ao Māori in fundamental policy documents that frame New Zealand early childhood practice. It did so to critically engage with, and thus make sense of, neoliberalism’s application and potential growth in New Zealand early childhood policies from 1989 to 2017. The research additionally focused on the interplay of socialist and te Ao Māori discourses in these texts, in conjunction with neoliberalism. It employed a poststructuralist conceptual framework that utilised Kristeva’s intertextuality and Foucault’s discourse, governmentality, and power/knowledge. The philosophical framework facilitated an appreciation of the early childhood education (ECE) sector and government discourses, via policies that exhibited discursive power, truths, and knowledges. This thesis’ approach was employed through a critical discourse analysis, incorporating Kristeva’s intertextuality, Fairclough’s manifest intertextuality and interdiscursivity, as well as a keyword search. This form of document analysis was selected because it enabled me as the researcher to gain a deeper more developed understanding of the policy texts, eliciting meaning and recognition of the discourses often naturalised within them. 
 
Contrary to the dominant claims in ECE literature concerning contemporary discourse, the analysis did not discover the neoliberal discourse’s predominance within the selected policies and documents, as was expected. The neoliberal discourse did exist within government endorsed texts, such as the foreword of Te Whāriki (Ministry of Education, 2017b) and Four Year Plan 2016-2020 (Ministry of Education, 2016). However, when the texts came closest to the sector, such as Te Whāraki (Ministry of Education, 1996; 2017b) and the Licensing Criteria Early Childhood Education and Care (Ministry of Education, 2008), the discourses of socialism, te Ao Māori and neoliberalism, nullified, transformed and modified one another. These findings were exemplified in the updated Te Whāraki (Ministry of Education, 2017b), that limited the neoliberal use of individualism from the original, while also upgrading children’s future potential. ‘Future’ within this text, however, was constructed through a modification of te Ao Māori by absorbing and embodying it in incomplete ways.  
 
The findings of this thesis imply socialism, te Ao Māori and neoliberalism are constantly competing with one another in the analysed policies that construct New Zealand ECE discourses and, as a consequence, influence practice. This plurality has the potential to hinder one discourse from gaining domination over the others. Their joint consumption's and conflicts appear to periodically lessen and strengthen neoliberalism’s power/knowledges across eras, administrations, policies and paragraphs, as exemplified in the updated curriculum. These findings imply that the ‘drivers’ of power are pivotal, hindering and strengthening these discourses which are both complementary and competing. Additionally, the thesis establishes implications regarding the rich complexities of discourses, which can conceal themselves in other discourses, calling for deeper critical reflection if some power/knowledges are to be reduced.

year: 2018

title: The Falklands War: A moral balance sheet

authors: Smith, Ron C.

subjects: Falklands War

abstract: In this article, traditional just war principles and the provisions of international humanitarian war are applied to the Falkland/Malvinas conflict of 1982.  Arguments regarding the claims of justification made by the two parties (UK and Argentina) are examined, as are conflicting judgements in regard to the sinking of the General Belgrano and the question of proportionality in respect of the conflict as a whole.

text: The Falklands War: A moral balance sheet In this article, traditional just war principles and the provisions of international humanitarian war are applied to the Falkland/Malvinas conflict of 1982.  Arguments regarding the claims of justification made by the two parties (UK and Argentina) are examined, as are conflicting judgements in regard to the sinking of the General Belgrano and the question of proportionality in respect of the conflict as a whole.

year: 1999-07