title: Decolonising legal research: Developing legal theory to articulate Māori and non-Māori legal research paradigms equitably

authors: Hasan-Stein, Linda

abstract: Māori and non-Māori legal research paradigms in Aotearoa New Zealand are separated by a considerable theoretical knowledge gap. Māori knowledge systems are generally not well known in a non-Māori context. In order to bridge this theoretical knowledge gap jurisprudential studies need to address this gap from Māori and non-Māori perspectives. Doing so enables the development of decolonised legal research paradigms which allow for the sharing of knowledge from positions of respect. In this work, a new theoretical interpretation of legal research paradigms in our jurisprudence is presented, relying on an interdisciplinary approach to support these interpretive strategies. 

Beginning with the understanding that knowledge is empowering for both Māori and non-Māori, I foreground the epistemological character of decolonising legal research that supports Linda Tuhiwai Smith’s call for research to be conceived differently and highlight the need for an integrated recognition of kaupapa Māori in the development of legal theory in Aotearoa New Zealand. Reimagining our laws as something more than ‘sovereignty’ is the first step in narrowing the current theoretical knowledge gap. I translate the broader language of colonialism into the more specific vocabulary of the criminal justice system, in order to make more visible the manner in which Eurocentrism permeates decolonising legal research and stifles the potential future social development of Māori. 

Since Linda Tuhiwai Smith’s call to decolonise research, significant progress has been made with regard to the inclusion of principles of tikanga Māori to guide legal research that includes Māori. However, transforming principles of tikanga Māori into our jurisprudential landscape is a complex task. It is increasingly recognised that understanding the key principles of tikanga Māori is not always sufficient and that a greater theoretical understanding of decolonising legal principles is needed. I will analyse theoretical features of research epistemologies with the goal of grasping the complex array of historically-specific practices through which particular dimensions of our socio-legal experience are produced. 

Finally, I will explore how an interdisciplinary approach enables us to link forms of subjectivity to forms of objectivity in a distinctively “cultural” way, by working through difference rather than against it, and by acknowledging as meaningful each law’s characteristic discursive formation. 

This work is written as an intervention in Eurocentrism, aimed at providing a fresh interpretation of decolonising legal research. On this level, the most important argumentative thread is the one that demonstrates how Eurocentrism can be read as a colonising tool, which deploys positions that marginalise Indigenous knowledge. By unpacking Eurocentrism’s complex meaning it is possible to refashion Eurocentrism to include the notions of “partnerships”, that value subjective experience over objective, and that, in reality, include “Indigenous cultural” qualities. 

This style of decolonising jurisprudence pushes strenuously for a legal paradigm shift towards a culturally safe space for all legal scholars, not just Māori; a shift that could encourage our legal theory to converge in a more holistic way. The most important argumentative threads are those centred on the inclusion of Indigenous arguments, and the emergent character of decolonising legal research categories such as whanaungatanga or relational accountability. This type of innovative legal interpretation offers the possibility for a new theoretical era for decolonising legal research.

text: Decolonising legal research: Developing legal theory to articulate Māori and non-Māori legal research paradigms equitably Māori and non-Māori legal research paradigms in Aotearoa New Zealand are separated by a considerable theoretical knowledge gap. Māori knowledge systems are generally not well known in a non-Māori context. In order to bridge this theoretical knowledge gap jurisprudential studies need to address this gap from Māori and non-Māori perspectives. Doing so enables the development of decolonised legal research paradigms which allow for the sharing of knowledge from positions of respect. In this work, a new theoretical interpretation of legal research paradigms in our jurisprudence is presented, relying on an interdisciplinary approach to support these interpretive strategies. 

Beginning with the understanding that knowledge is empowering for both Māori and non-Māori, I foreground the epistemological character of decolonising legal research that supports Linda Tuhiwai Smith’s call for research to be conceived differently and highlight the need for an integrated recognition of kaupapa Māori in the development of legal theory in Aotearoa New Zealand. Reimagining our laws as something more than ‘sovereignty’ is the first step in narrowing the current theoretical knowledge gap. I translate the broader language of colonialism into the more specific vocabulary of the criminal justice system, in order to make more visible the manner in which Eurocentrism permeates decolonising legal research and stifles the potential future social development of Māori. 

Since Linda Tuhiwai Smith’s call to decolonise research, significant progress has been made with regard to the inclusion of principles of tikanga Māori to guide legal research that includes Māori. However, transforming principles of tikanga Māori into our jurisprudential landscape is a complex task. It is increasingly recognised that understanding the key principles of tikanga Māori is not always sufficient and that a greater theoretical understanding of decolonising legal principles is needed. I will analyse theoretical features of research epistemologies with the goal of grasping the complex array of historically-specific practices through which particular dimensions of our socio-legal experience are produced. 

Finally, I will explore how an interdisciplinary approach enables us to link forms of subjectivity to forms of objectivity in a distinctively “cultural” way, by working through difference rather than against it, and by acknowledging as meaningful each law’s characteristic discursive formation. 

This work is written as an intervention in Eurocentrism, aimed at providing a fresh interpretation of decolonising legal research. On this level, the most important argumentative thread is the one that demonstrates how Eurocentrism can be read as a colonising tool, which deploys positions that marginalise Indigenous knowledge. By unpacking Eurocentrism’s complex meaning it is possible to refashion Eurocentrism to include the notions of “partnerships”, that value subjective experience over objective, and that, in reality, include “Indigenous cultural” qualities. 

This style of decolonising jurisprudence pushes strenuously for a legal paradigm shift towards a culturally safe space for all legal scholars, not just Māori; a shift that could encourage our legal theory to converge in a more holistic way. The most important argumentative threads are those centred on the inclusion of Indigenous arguments, and the emergent character of decolonising legal research categories such as whanaungatanga or relational accountability. This type of innovative legal interpretation offers the possibility for a new theoretical era for decolonising legal research.

year: 2026

title: The discovery of gold at Te Aroha and its consequences: January to October 1880

authors: Hart, Philip

abstract: By mid-1880, when there were expectations that gold would be found at Te Aroha, at last Ngati Rahiri permitted prospecting. A government-subsidized prospecting party under Hone Werahiko set out in early August and announced an apparently valuable find one month later. As the discovery was on Ngati Rahiri land, a goldfield could not be declared open immediately, but despite this increasing numbers of prospectors arrived. Newspapers were cautious, not wanting to encourage a rush based on nothing but rumours, some of them extravagant, notably one of finding ore that would produce 200oz to the ton. 
Despite being doubtful about the prospects, officials prepared to proclaim a new goldfield. In late October, good specimens were shown in Thames, encouraging more to leave both there and the Waikato to explore. After the warden inspected the ground where Werahiko had found gold, which was off limits to everyone except the original prospectors, he arranged to have the only test made before the field was opened. Although this gave an uncertain indication of whether the ore was payable, and little real work was being done outside the prospectors’ claim, regulations were devised permitting the proclamation of the new field.

text: The discovery of gold at Te Aroha and its consequences: January to October 1880 By mid-1880, when there were expectations that gold would be found at Te Aroha, at last Ngati Rahiri permitted prospecting. A government-subsidized prospecting party under Hone Werahiko set out in early August and announced an apparently valuable find one month later. As the discovery was on Ngati Rahiri land, a goldfield could not be declared open immediately, but despite this increasing numbers of prospectors arrived. Newspapers were cautious, not wanting to encourage a rush based on nothing but rumours, some of them extravagant, notably one of finding ore that would produce 200oz to the ton. 
Despite being doubtful about the prospects, officials prepared to proclaim a new goldfield. In late October, good specimens were shown in Thames, encouraging more to leave both there and the Waikato to explore. After the warden inspected the ground where Werahiko had found gold, which was off limits to everyone except the original prospectors, he arranged to have the only test made before the field was opened. Although this gave an uncertain indication of whether the ore was payable, and little real work was being done outside the prospectors’ claim, regulations were devised permitting the proclamation of the new field.

year: 2016

title: Exploring discharge delay from an acute surgical unit

authors: Voogt, Jolene Elouise

subjects: Discharge

abstract: Background: Within the hospital system, efficient patient flow is essential. Discharge delay, the period of continued hospital stay after a patient is deemed medically fit to leave hospital, is one of the most significant barriers to optimal patient flow. Discharge delay retains non-acute patients in the acute environment unnecessarily, while preventing acutely presenting patients from accessing services in a timely manner. It results in overcrowded emergency departments with delayed admissions, slowed theatre schedules, and bed blocking in critical care, as well as negatively impacting on patient experience. In the context of a public health system under pressure, reducing discharge delay is critical to improving overall function of the system. This study aims to explore the features in the context of an acute surgical unit that cause discharge delay, the impacts of discharge delay, and the ways discharge delay could be minimised.
Methods: A two phased, mixed methods design was employed in this research. Phase one obtained qualitative data through semi-structured interview with staff members occupying different roles within the health care team within Te Whatu Ora – Waikato. Themes derived from phase one informed the development of an audit form utilised in phase two, which collected quantitative data through its completion by registered nurses working in the acute surgical unit during the two-week audit time period. This audit recorded discharge related times and delaying factors that occurred for all the patients discharged from the ward during the audit period.
Findings: Interviews were undertaken with nine participants (Hospital management n=2, Acute Surgical Unit management n=2, Registered Nurse n=1, Surgical Fellow n=1, Surgical Registrar n=1, Surgical House officer n=1, and multi-disciplinary team member n=1). Thematic analysis of the transcriptions revealed three core themes: (i) It takes a village to discharge a patient; (ii) Preparation, clearance, home; and (iii) Challenges and solutions to discharge delay. The survey was completed by 44 Registered Nurses and on analysis revealed a mean patient delay of 225 minutes, or 3.75 hours. For the audited patients, the most frequently occurring factor was ‘waiting for paperwork’ (55%) followed by ‘waiting for transport’ (40%).
Conclusions: This study found that to reduce discharge delay a coordinated, system-wide approach with discharge focused optimisation across the entire patient journey, and particular focus on reducing the amount of delay caused by discharge paperwork, is required. Introducing a ‘discharge-focused clinician’, would effectively reduce discharge delay by ensuring the prioritisation of discharges, allowing discharge paperwork to be completed promptly. In addition to the introduction of a discharge-focused clinician, the systems and policies surrounding discharge paperwork could also be improved. Additionally, improving the utilisation of transit lounge by routinely sending all appropriate patients to transit lounge to wait for their transport, will also reduce discharge delay.

text: Exploring discharge delay from an acute surgical unit Background: Within the hospital system, efficient patient flow is essential. Discharge delay, the period of continued hospital stay after a patient is deemed medically fit to leave hospital, is one of the most significant barriers to optimal patient flow. Discharge delay retains non-acute patients in the acute environment unnecessarily, while preventing acutely presenting patients from accessing services in a timely manner. It results in overcrowded emergency departments with delayed admissions, slowed theatre schedules, and bed blocking in critical care, as well as negatively impacting on patient experience. In the context of a public health system under pressure, reducing discharge delay is critical to improving overall function of the system. This study aims to explore the features in the context of an acute surgical unit that cause discharge delay, the impacts of discharge delay, and the ways discharge delay could be minimised.
Methods: A two phased, mixed methods design was employed in this research. Phase one obtained qualitative data through semi-structured interview with staff members occupying different roles within the health care team within Te Whatu Ora – Waikato. Themes derived from phase one informed the development of an audit form utilised in phase two, which collected quantitative data through its completion by registered nurses working in the acute surgical unit during the two-week audit time period. This audit recorded discharge related times and delaying factors that occurred for all the patients discharged from the ward during the audit period.
Findings: Interviews were undertaken with nine participants (Hospital management n=2, Acute Surgical Unit management n=2, Registered Nurse n=1, Surgical Fellow n=1, Surgical Registrar n=1, Surgical House officer n=1, and multi-disciplinary team member n=1). Thematic analysis of the transcriptions revealed three core themes: (i) It takes a village to discharge a patient; (ii) Preparation, clearance, home; and (iii) Challenges and solutions to discharge delay. The survey was completed by 44 Registered Nurses and on analysis revealed a mean patient delay of 225 minutes, or 3.75 hours. For the audited patients, the most frequently occurring factor was ‘waiting for paperwork’ (55%) followed by ‘waiting for transport’ (40%).
Conclusions: This study found that to reduce discharge delay a coordinated, system-wide approach with discharge focused optimisation across the entire patient journey, and particular focus on reducing the amount of delay caused by discharge paperwork, is required. Introducing a ‘discharge-focused clinician’, would effectively reduce discharge delay by ensuring the prioritisation of discharges, allowing discharge paperwork to be completed promptly. In addition to the introduction of a discharge-focused clinician, the systems and policies surrounding discharge paperwork could also be improved. Additionally, improving the utilisation of transit lounge by routinely sending all appropriate patients to transit lounge to wait for their transport, will also reduce discharge delay.

year: 2022