Abstract
AbstractLegislation emerging from Treaty of Waitangi settlements provide Māori, the Indigenous people of Aotearoa New Zealand, with new opportunities to destabilize and decolonize the colonial knowledge, processes and practices that contribute towards negative material and metaphysical impacts on their rohe [traditional lands and waters]. In this article we focus our attention on the Nga Wai o Maniapoto (Waipa River) Act 2012 and the Deed of Settlement signed between the Crown (the New Zealand government) and Ngāti Maniapoto (the tribal group with ancestral authority over the Waipā River) as an example of how the law in Aotearoa New Zealand is increasingly stretched beyond settler-colonial confines to embrace legal and ontological pluralism. We illustrate how this Act serves as the foundation upon which Ngāti Maniapoto are seeking to restore, manage, and enhance the health of their river. Such legislation, we argue, provides a far higher degree of recognition of Māori rights and interests both as an outcome of the settlement process and by strengthening provisions under the Resource Management Act 1991 regarding the role of Māori in resource management. We conclude by suggesting that co-governance and co-management arrangements hold great potential for transforming river management by recognizing and accommodating ontological and epistemological pluralism, which moves Aotearoa New Zealand closer to achieving sustainable and just river futures for all.
Publisher
Cambridge University Press (CUP)
Subject
Law,Management, Monitoring, Policy and Law
Reference38 articles.
1. Giving Voice to Rivers: Legal Personality as a Vehicle for Recognising Indigenous Peoples’ Relationships to Water?;Ruru;Australian Indigenous Law Review,2010
2. Navigating the tensions in collaborative watershed governance: Water governance and Indigenous communities in British Columbia, Canada
3. Measure, model, optimise: Understanding reductionist concepts of value in freshwater governance
4. Justice for Native Nations: Insights from Legal Pluralism;Tatum;Arizona Law Review,2018
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