title: The COVID-19 domestic vaccine pass: Implications for Māori

authors: Kukutai, Tahu

abstract: The New Zealand government has introduced a COVID-19 domestic vaccine pass to be used in conjunction with the COVID-19 Protection Framework. The Framework is likely to be activated soon after Cabinet meets on 29 November 2021. The pass will be necessary to access places and events that require proof of vaccination under the Framework.
This brief does not argue for or against the introduction of a domestic vaccine pass, but rather discusses key issues that it raises for Māori, and suggests actions to address them. We see four key issues:
• the lack of Māori involvement, as a Tiriti partner, on either the design or implementation of the COVID-19 domestic vaccine pass;
• disproportionate restriction on Māori mobility due to lower Māori vaccination rates;
• privacy and data security concerns;
• uneven implementation that could increase discrimination against Māori and other groups considered to pose a risk to others’ safety.
To respond to these issues we recommend that the implementation of the pass be designed in partnership with Māori and comply with Māori data sovereignty requirements. As Tiriti partners, Māori should expect that the pass will keep their communities safe, while providing opportunities to enact manaakitanga in the matrix of care, and the mana to manage their own affairs.

text: The COVID-19 domestic vaccine pass: Implications for Māori The New Zealand government has introduced a COVID-19 domestic vaccine pass to be used in conjunction with the COVID-19 Protection Framework. The Framework is likely to be activated soon after Cabinet meets on 29 November 2021. The pass will be necessary to access places and events that require proof of vaccination under the Framework.
This brief does not argue for or against the introduction of a domestic vaccine pass, but rather discusses key issues that it raises for Māori, and suggests actions to address them. We see four key issues:
• the lack of Māori involvement, as a Tiriti partner, on either the design or implementation of the COVID-19 domestic vaccine pass;
• disproportionate restriction on Māori mobility due to lower Māori vaccination rates;
• privacy and data security concerns;
• uneven implementation that could increase discrimination against Māori and other groups considered to pose a risk to others’ safety.
To respond to these issues we recommend that the implementation of the pass be designed in partnership with Māori and comply with Māori data sovereignty requirements. As Tiriti partners, Māori should expect that the pass will keep their communities safe, while providing opportunities to enact manaakitanga in the matrix of care, and the mana to manage their own affairs.

year: 2021-11-30

title: Bicultural perspectives on Māori legal research

authors: Mackinnon, Jacquelin

subjects: Māori

abstract: Increasingly, legal research projects undertaken at law school or in practice will involve Māori custom law and/or tikanga Māori.' The role of both Māori custom law and tikanga Māori is most evident in the work of the Māori Land Court in the interpretation and application of legislation relating to Māori land. Increasingly, general statutes incorporate Māori principles and values, such as those to be found in the Resource Management Act 1991, or make explicit reference to the principles of the Treaty of Waitangi. The statutory interpretation function of the Courts in relation to these, and less obvious examples, requires knowledge of tikanga Māori and/or Māori custom law. For any analysis of the work of the Courts or of the legislature, knowledge of tikanga Māori and/or custom law is required. Both Māori custom law and tikanga Māori are preserved by and accessed through the oral tradition. In addition to its role in the Courts and in relation to legislation, the most significant role played by the oral tradition is in the work of the Waitangi Tribunal. The oral tradition also plays an increasingly important part in other areas requiring research. What follows is an introduction to the oral tradition and its role in the legal system of Aotearoa/New Zealand. An understanding of the oral tradition is essential to the construction of a research path that is both ethical and effective.

text: Bicultural perspectives on Māori legal research Increasingly, legal research projects undertaken at law school or in practice will involve Māori custom law and/or tikanga Māori.' The role of both Māori custom law and tikanga Māori is most evident in the work of the Māori Land Court in the interpretation and application of legislation relating to Māori land. Increasingly, general statutes incorporate Māori principles and values, such as those to be found in the Resource Management Act 1991, or make explicit reference to the principles of the Treaty of Waitangi. The statutory interpretation function of the Courts in relation to these, and less obvious examples, requires knowledge of tikanga Māori and/or Māori custom law. For any analysis of the work of the Courts or of the legislature, knowledge of tikanga Māori and/or custom law is required. Both Māori custom law and tikanga Māori are preserved by and accessed through the oral tradition. In addition to its role in the Courts and in relation to legislation, the most significant role played by the oral tradition is in the work of the Waitangi Tribunal. The oral tradition also plays an increasingly important part in other areas requiring research. What follows is an introduction to the oral tradition and its role in the legal system of Aotearoa/New Zealand. An understanding of the oral tradition is essential to the construction of a research path that is both ethical and effective.

year: 2007

title: Fononga 'A Fakahalafononga: Tongan Students' Journey to Academic Achievement in New Zealand Tertiary Education

authors: Kalavite, Telesia

subjects: Tongan Education in New Zealand

abstract: There is a national concern in New Zealand about the low academic achievement of Pasifika students, including the Tongans as one of the specific groups. The literature shows that the problems associated with the academic achievement of Pasifika students derive from the cultural differences between Pasifika and the dominant Pālangi culture. Since Tonga has a unique culture that is not the same as any other cultural group in the Pacific, this research set out to explore specific Tongan socio-cultural aspects that impact on Tongan students’ academic achievement in New Zealand tertiary education. Culturally specific aspects that impact on Tongan students’ academic achievement could better inform those who are concerned with the education of Tongans in New Zealand. The purpose of the research is to explore possibilities for enhancing the academic achievement of Tongan students that could bridge the disparity between Pasifika and Pālangi academic achievement. This research used a Tongan, Pasifika, qualitative, phenomenological, ethnographical, methodological framework to explore the views of twenty five Tongan-born participants in New Zealand on the perceived socio-cultural aspects that impact on their academic achievement. It provided opportunities for the participants to reflect on their experiences as university and polytechnic students, as staff and educators, and as parents. Sociocultural, postmodernism, and the Tongan tā-vā, (time-space) theory of reality were used to interpret the Tongan students’ inter-cultural learning experiences at two levels of reality; the students’ realities, and the global realities. The students’ realities include their individual attitudes and choices based on their cultural worldviews that impact on their academic achievement. The global realities include the trends of postmodernism, biculturalism, multiculturalism, globalisation and change which are beyond the students’ control. The key findings of this research were that Tongan students perceived they were academically successful when all parties involved had a deep and mutual understanding of, respect for, and practice in, both Tongan and New Zealand social and academic cultures. In particular, the Tongan students and their Tongan supporters need a deep and mutual understanding of, respect for, and practice in, their own Tongan as well as New Zealand social and academic relationships. New Zealanders who are involved with Tongan students’ education need a deep and mutual understanding of, respect for, and practice in, Tongan social and academic relationships. Furthermore, flexibility within the two cultural relationships in terms of tā (time) and vā (space) should be considered by all parties to release social tensions and consequently enhance academic achievement. This two way process allows Tongan students to move fluidly within the two cultures, especially if they understand how tā (time) and vā (space) are manifested in relationships within their learning environments. This research is highly relevant for anyone concerned with Tongan students’ academic achievement in New Zealand tertiary education; from the top level policy makers in the government to the Tongan students at the grassroots level.

text: Fononga 'A Fakahalafononga: Tongan Students' Journey to Academic Achievement in New Zealand Tertiary Education There is a national concern in New Zealand about the low academic achievement of Pasifika students, including the Tongans as one of the specific groups. The literature shows that the problems associated with the academic achievement of Pasifika students derive from the cultural differences between Pasifika and the dominant Pālangi culture. Since Tonga has a unique culture that is not the same as any other cultural group in the Pacific, this research set out to explore specific Tongan socio-cultural aspects that impact on Tongan students’ academic achievement in New Zealand tertiary education. Culturally specific aspects that impact on Tongan students’ academic achievement could better inform those who are concerned with the education of Tongans in New Zealand. The purpose of the research is to explore possibilities for enhancing the academic achievement of Tongan students that could bridge the disparity between Pasifika and Pālangi academic achievement. This research used a Tongan, Pasifika, qualitative, phenomenological, ethnographical, methodological framework to explore the views of twenty five Tongan-born participants in New Zealand on the perceived socio-cultural aspects that impact on their academic achievement. It provided opportunities for the participants to reflect on their experiences as university and polytechnic students, as staff and educators, and as parents. Sociocultural, postmodernism, and the Tongan tā-vā, (time-space) theory of reality were used to interpret the Tongan students’ inter-cultural learning experiences at two levels of reality; the students’ realities, and the global realities. The students’ realities include their individual attitudes and choices based on their cultural worldviews that impact on their academic achievement. The global realities include the trends of postmodernism, biculturalism, multiculturalism, globalisation and change which are beyond the students’ control. The key findings of this research were that Tongan students perceived they were academically successful when all parties involved had a deep and mutual understanding of, respect for, and practice in, both Tongan and New Zealand social and academic cultures. In particular, the Tongan students and their Tongan supporters need a deep and mutual understanding of, respect for, and practice in, their own Tongan as well as New Zealand social and academic relationships. New Zealanders who are involved with Tongan students’ education need a deep and mutual understanding of, respect for, and practice in, Tongan social and academic relationships. Furthermore, flexibility within the two cultural relationships in terms of tā (time) and vā (space) should be considered by all parties to release social tensions and consequently enhance academic achievement. This two way process allows Tongan students to move fluidly within the two cultures, especially if they understand how tā (time) and vā (space) are manifested in relationships within their learning environments. This research is highly relevant for anyone concerned with Tongan students’ academic achievement in New Zealand tertiary education; from the top level policy makers in the government to the Tongan students at the grassroots level.

year: 2010