title: Ko Waipā te awa

authors: Kukutai, Josephine

abstract: This thesis examines the experience of the Ngāti Maniapoto (‘Maniapoto’) iwi in the development and implementation of their river settlement legislation, the Ngā Wai o Maniapoto (Waipā River) Act 2012 (the 'Act’) . The overarching purpose of the Act is to restore and maintain the quality and integrity of the waters that flow into and form part of the Waipā River for present and future generations and the care and protection of the mana tuku iho o Waiwaia. The restoration of the Waipā River is essential because of its considerable significance to Maniapoto. The Waipā River is connected to the health and identity of the Maniapoto people and is a taonga (gift) that contains their spiritual and physical wellbeing. The Waipā River is significant because: 
Te Awa o Waipā is a taonga to Maniapoto; the relationship between Maniapoto and the Waipā River is historical, intellectual, physical, and spiritual; to Maniapoto, their relationship with the Waipā River and their respect for it lies at the heart of their spiritual and physical wellbeing, and their tribal identity and culture
The approach to expressing the journey of Maniapoto in the development and implementation of the Waipā River legislation required a Māori lens. I used a Kaupapa Māori approach to examine the development of the Act and again to understand the difficulties in realising the promise of the Act. The focus of this thesis is on the Maniapoto people and their experience of the Act. The Waipā River Settlement and the Waikato River Settlement are closely connected, and the study delves into the history of the Waikato River Settlement and its influence on the Waipā River Settlement. The rangatiratanga (authority) of Maniapoto within their rohe has always been paramount in decision-making. The co-governance and co-management framework however relies on a different form of decision, that of co-decision-making, which is conducted not only in partnership with the Crown but also other Waikato River iwi. Co-governance and co-management change the standard model of traditional autonomous decision-making or rangatiratanga within an iwi and potentially challenges the decisions made. The co-governance and co-management Deed agreed between Maniapoto and the Crown for the Waipā River has changed how people operate in the Maniapoto rohe and how they may have operated previously. This thesis concludes by reflecting on some of the challenges experienced by Maniapoto in the new co-governance and co-management era.

text: Ko Waipā te awa This thesis examines the experience of the Ngāti Maniapoto (‘Maniapoto’) iwi in the development and implementation of their river settlement legislation, the Ngā Wai o Maniapoto (Waipā River) Act 2012 (the 'Act’) . The overarching purpose of the Act is to restore and maintain the quality and integrity of the waters that flow into and form part of the Waipā River for present and future generations and the care and protection of the mana tuku iho o Waiwaia. The restoration of the Waipā River is essential because of its considerable significance to Maniapoto. The Waipā River is connected to the health and identity of the Maniapoto people and is a taonga (gift) that contains their spiritual and physical wellbeing. The Waipā River is significant because: 
Te Awa o Waipā is a taonga to Maniapoto; the relationship between Maniapoto and the Waipā River is historical, intellectual, physical, and spiritual; to Maniapoto, their relationship with the Waipā River and their respect for it lies at the heart of their spiritual and physical wellbeing, and their tribal identity and culture
The approach to expressing the journey of Maniapoto in the development and implementation of the Waipā River legislation required a Māori lens. I used a Kaupapa Māori approach to examine the development of the Act and again to understand the difficulties in realising the promise of the Act. The focus of this thesis is on the Maniapoto people and their experience of the Act. The Waipā River Settlement and the Waikato River Settlement are closely connected, and the study delves into the history of the Waikato River Settlement and its influence on the Waipā River Settlement. The rangatiratanga (authority) of Maniapoto within their rohe has always been paramount in decision-making. The co-governance and co-management framework however relies on a different form of decision, that of co-decision-making, which is conducted not only in partnership with the Crown but also other Waikato River iwi. Co-governance and co-management change the standard model of traditional autonomous decision-making or rangatiratanga within an iwi and potentially challenges the decisions made. The co-governance and co-management Deed agreed between Maniapoto and the Crown for the Waipā River has changed how people operate in the Maniapoto rohe and how they may have operated previously. This thesis concludes by reflecting on some of the challenges experienced by Maniapoto in the new co-governance and co-management era.

year: 2020

title: Ati Ue: Te Aitanga a Tuoro

authors: James, Steven (Tipene) Robert

subjects: Ngati Whakaue

abstract: This thesis is based on the manuscripts of my tupuna Tuoro Akapita Pango that are held in a treasured whānau box. The manuscripts contain history and kōrero of Te Arawa written by multiple generations of the whānau Pango. Within this thesis I explore the value of inter-generational knowledge through considering what lies within these whānau manuscripts and taking the opportunity to discover more history about Ngāti Whakaue through a whānau lens. Researching these manuscripts enables reconnection of the past and the present; the reconnection between forgotten knowledge and whānau. 
Specifically, this thesis proposes a Ngāti Whakaue approach to engaging historical materials and research. It centres the voices of the people, such as the many family members involved within the process, as well as the box of writings and the many gems that hide within. Also, it asks what the manuscripts mean for the current descendants involved in the research. 
The research has been a means of reconnecting with the past to give relevance and context to the present. The objective is demonstrating the value of iwi-specific research methods so that whānau feel encouraged to embark on their own journey.

text: Ati Ue: Te Aitanga a Tuoro This thesis is based on the manuscripts of my tupuna Tuoro Akapita Pango that are held in a treasured whānau box. The manuscripts contain history and kōrero of Te Arawa written by multiple generations of the whānau Pango. Within this thesis I explore the value of inter-generational knowledge through considering what lies within these whānau manuscripts and taking the opportunity to discover more history about Ngāti Whakaue through a whānau lens. Researching these manuscripts enables reconnection of the past and the present; the reconnection between forgotten knowledge and whānau. 
Specifically, this thesis proposes a Ngāti Whakaue approach to engaging historical materials and research. It centres the voices of the people, such as the many family members involved within the process, as well as the box of writings and the many gems that hide within. Also, it asks what the manuscripts mean for the current descendants involved in the research. 
The research has been a means of reconnecting with the past to give relevance and context to the present. The objective is demonstrating the value of iwi-specific research methods so that whānau feel encouraged to embark on their own journey.

year: 2021

title: Genetic Resources, Equity and International Law

authors: Guneratne, Camena Erica

subjects: Plant genetic resources for food and agriculture

abstract: This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question,  does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? 

In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective.

The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis.

The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.

text: Genetic Resources, Equity and International Law This thesis examines the application of international law to the uses of agricultural crop plants termed plant genetic resources for food and agriculture. In particular, it asks the question,  does international law regulate the use of plant genetic resources for food and agriculture so as to enable equity among nations in accessing these resources and sharing the benefits which arise from them? 

In answering this question this thesis will also consider several related issues which have arisen in the course of the international debate on this topic. These resources are closely entwined with the lives and livelihoods of certain categories of peoples such as indigenous peoples and farmers and local communities. In addition, they are critical for the economies, agricultural systems and food security of nations. The thesis question will not be considered in the abstract, but will rather be placed against the background of these issues, which will be continuously used to put the legal discourse into perspective.

The legal analysis will focus on five international agreements which directly or indirectly regulate the use of crop plants. These five agreements are placed in two broad categories, i.e. environmental/conservation agreements and trade and property related agreements. The first category includes the Convention on Biological Diversity of 1992 and the International Treaty on Plant Genetic Resources for Food and Agriculture of the Food and Agriculture Organisation of 2001. The second category includes the Convention for the Protection of New Varieties of Plants of 1991, the Agreement on Trade Related Aspects of Intellectual Property Rights of 1994, and several treaties of the World Intellectual Property Organisation. In addition, since the topic raises issues of rights, certain human rights treaties and documents will also be used in the analysis.

The current international conflict over plant genetic resources can be condensed into one of rights, human rights and property rights. The international treaties cited above have all contextualized the issue within a framework of property rights, setting out mechanisms for different forms of legal control of these resources. This thesis will argue that whatever the form and nature of such property rights, they cannot achieve equity in the use of crop plants. Rather the use of such rights results in violations of human rights.

year: 2009