title: Editors’ introduction

authors: Rumbles, Wayne

subjects: law

abstract: I am pleased to present the second issue of the Waikato Law Review for 2011. This special issue draws together a number of articles which were developed from papers presented at the Justice in the Round: Perspectives from Custom and Culture, Rights and Dispute Resolution Conference held at Te Piringa – Faculty of Law in April 2011.

text: Editors’ introduction I am pleased to present the second issue of the Waikato Law Review for 2011. This special issue draws together a number of articles which were developed from papers presented at the Justice in the Round: Perspectives from Custom and Culture, Rights and Dispute Resolution Conference held at Te Piringa – Faculty of Law in April 2011.

year: 2011

title: Brexit and biobanking: GDPR perspectives

authors: Phillips, Andelka M.

subjects: GDPR

abstract: It is almost impossible to write a legal analysis of an event (Brexit) that has not happened and may never happen. This chapter nonetheless contributes to the edited collection in that it reports on the current legal position in the UK, and presents an analysis of two possible immediate post-Brexit legal futures, for data protection law as applicable to biobanking in the UK. These post-Brexit futures are the position if the draft Withdrawal Agreement is ratified and comes into force, and the position if it does not (a so-called ‘No Deal’ Brexit). The chapter concludes with some thoughts on possible longer term futures.

text: Brexit and biobanking: GDPR perspectives It is almost impossible to write a legal analysis of an event (Brexit) that has not happened and may never happen. This chapter nonetheless contributes to the edited collection in that it reports on the current legal position in the UK, and presents an analysis of two possible immediate post-Brexit legal futures, for data protection law as applicable to biobanking in the UK. These post-Brexit futures are the position if the draft Withdrawal Agreement is ratified and comes into force, and the position if it does not (a so-called ‘No Deal’ Brexit). The chapter concludes with some thoughts on possible longer term futures.

year: 2021

title: Kia whakatōmuri te haere whakamua – A Māori framework for coastal climate change adaptation

authors: Bailey-Winiata, Akuhata

subjects: Climate Change Adaptation

abstract: Current climate change adaptation frameworks do not sufficiently represent or acknowledge the intricacies and complex nature of climate adaptation for all communities. This thesis contributes a Māori (Indigenous peoples of Aotearoa New Zealand (A-NZ)) climate adaptation framework that is informed by Te Ao Māori world views, mātauranga Māori (Māori knowledge), Te Tiriti o Waitangi (Treaty of Waitangi) and research at the interface of Western knowledge and mātauranga Māori. This is needed to promote a more equitable and culturally sensitive approach to the current climate change adaptation process for hapū (sub-tribes) and iwi (tribes). To achieve this, this thesis is rooted in the whakataukī (proverb) “Kia whakatōmuri te haere whakamua – I walk backwards into the future with my eyes fixed on my past”, which exemplifies the power of acknowledging Māori history and intergenerational knowledge, while moving forward to a prosperous future. This thesis had four key aims. First, I looked to the past to understand ways Māori ancestors adapted and relocated in response to natural hazards to inform a future climate adaptation or relocation process. Second, I took stock of the contemporary risk to coastal marae (Māori meeting grounds) from sea level rise. Third, I looked internationally at other Indigenous communities' adaptation challenges and how they have overcome them as a mutual learning opportunity. And finally, I developed a conceptual Māori climate adaptation framework based on existing models and informed by a wānanga (workshop) with over 100 Māori participants. This two-part framework emphasises the importance of fostering Te Tiriti-centric relationships and partnerships that are essential for climate adaptation with hapū and iwi. In addition, it serves as a guide to support adaptation decision-making for hapū and iwi Māori. This thesis took a multidisciplinary approach to achieve these aims, incorporating historical and archival analyses, semi-structured interviews, a systematic review, coastal flooding and exposure analyses using spatial information, and wānanga. The findings highlighted that relocation due to natural hazards is not uncommon for Māori, as this thesis identified 51 examples of where relocation was completed or discussed in response to natural hazards. Furthermore, in a case study with Tūhourangi and Ngāti Rangitihi, this thesis identified vital aspects that enabled their relocation following the 1886 Tarawera eruption, the most influential being tuku whenua – the gifting of land to relocate to. This thesis also identified that by 2150, under shared socio-economic pathway (SSP) 5-8.5, 27% and 28% of coastal marae (total of 186 nationally) are exposed to a 100–year and 1000–year annual recurrence interval (ARI) extreme sea level events, respectively. Overall, this thesis contributes to our understanding of the requirements to support hapū and iwi Māori in climate adaptation, with parallels to other Indigenous communities. Requirements include resourcing, partnerships, autonomy, intergenerational planning, recognition, respect and redress. In Chapter 8 – the discussion of this thesis, we focus on four overall contributions this thesis has made, which are: 1) Hapū and iwi Māori are at risk of climate change, 2) We’ve done it before we can do it again, 3) Adaptation approach cannot be one-size-fits-all, and 4) Adaptation in Aotearoa needs a Te Tiriti-centric approach. Ultimately, this thesis underscores the urgent need for inclusive climate adaptation strategies that honour Indigenous knowledge systems, ensuring that hapū and iwi Māori are not only heard but are actively supported in navigating the impacts of climate change.

text: Kia whakatōmuri te haere whakamua – A Māori framework for coastal climate change adaptation Current climate change adaptation frameworks do not sufficiently represent or acknowledge the intricacies and complex nature of climate adaptation for all communities. This thesis contributes a Māori (Indigenous peoples of Aotearoa New Zealand (A-NZ)) climate adaptation framework that is informed by Te Ao Māori world views, mātauranga Māori (Māori knowledge), Te Tiriti o Waitangi (Treaty of Waitangi) and research at the interface of Western knowledge and mātauranga Māori. This is needed to promote a more equitable and culturally sensitive approach to the current climate change adaptation process for hapū (sub-tribes) and iwi (tribes). To achieve this, this thesis is rooted in the whakataukī (proverb) “Kia whakatōmuri te haere whakamua – I walk backwards into the future with my eyes fixed on my past”, which exemplifies the power of acknowledging Māori history and intergenerational knowledge, while moving forward to a prosperous future. This thesis had four key aims. First, I looked to the past to understand ways Māori ancestors adapted and relocated in response to natural hazards to inform a future climate adaptation or relocation process. Second, I took stock of the contemporary risk to coastal marae (Māori meeting grounds) from sea level rise. Third, I looked internationally at other Indigenous communities' adaptation challenges and how they have overcome them as a mutual learning opportunity. And finally, I developed a conceptual Māori climate adaptation framework based on existing models and informed by a wānanga (workshop) with over 100 Māori participants. This two-part framework emphasises the importance of fostering Te Tiriti-centric relationships and partnerships that are essential for climate adaptation with hapū and iwi. In addition, it serves as a guide to support adaptation decision-making for hapū and iwi Māori. This thesis took a multidisciplinary approach to achieve these aims, incorporating historical and archival analyses, semi-structured interviews, a systematic review, coastal flooding and exposure analyses using spatial information, and wānanga. The findings highlighted that relocation due to natural hazards is not uncommon for Māori, as this thesis identified 51 examples of where relocation was completed or discussed in response to natural hazards. Furthermore, in a case study with Tūhourangi and Ngāti Rangitihi, this thesis identified vital aspects that enabled their relocation following the 1886 Tarawera eruption, the most influential being tuku whenua – the gifting of land to relocate to. This thesis also identified that by 2150, under shared socio-economic pathway (SSP) 5-8.5, 27% and 28% of coastal marae (total of 186 nationally) are exposed to a 100–year and 1000–year annual recurrence interval (ARI) extreme sea level events, respectively. Overall, this thesis contributes to our understanding of the requirements to support hapū and iwi Māori in climate adaptation, with parallels to other Indigenous communities. Requirements include resourcing, partnerships, autonomy, intergenerational planning, recognition, respect and redress. In Chapter 8 – the discussion of this thesis, we focus on four overall contributions this thesis has made, which are: 1) Hapū and iwi Māori are at risk of climate change, 2) We’ve done it before we can do it again, 3) Adaptation approach cannot be one-size-fits-all, and 4) Adaptation in Aotearoa needs a Te Tiriti-centric approach. Ultimately, this thesis underscores the urgent need for inclusive climate adaptation strategies that honour Indigenous knowledge systems, ensuring that hapū and iwi Māori are not only heard but are actively supported in navigating the impacts of climate change.

year: 2024-05-28