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Endnotes

^[1] Durie M, Te Mana, Te Kawanatanga: The Politics of Mäori Self-Determination (1998); McHugh, The Mäori Magna Carta: New Zealand Law and the Treaty of Waitangi (1991), and the Royal Commission on Social Policy, The April Report (1988).

^[2] The daughter of high-born parents would have both her personal mana and the mana stemming from her parents and her whakapapa. This would bring her respect for these elements alone. If, in addition, she showed leadership ability, determination, and a desire to help her people, this could enable her to take a prominent or leading role in her community. Waimirirangi, for example, was a great female leader of the far north, as was her descendant Herepaenga. Herepaenga inherited the mana of her ancestors (including Te Reinga, leader of Te Rarawa in the Hokianga), and, with it, the mana whenua of the land at Waihou. There she had authority to establish land boundaries, to share in the proceeds of the produce from the land, and to spare or give refuge to persons facing danger or banishment. In the political, economic and social affairs of her community, she was the leading figure in the early nineteenth century. Other female leaders included Rangi Topeora of Ngati Raukawa and Ngati Toa who signed the Treaty of Waitangi, Wairaka and Muriwai, whose names are synonymous with the Mataatua canoe, and Mihi-Kotukutuku of the nineteenth century whose leadership of Whänau-A-Apanui was legendary (see Hohepa and Williams 1996, para 104).

^[3] See Turton, Mäori Deeds of Land Purchase in the North Island of New Zealand, discussing the Ahuriri Deed 1851 (A2) signed by men and women; see also Ballara 1993 where she discusses the number of women who signed the Waipukurau and Ahuriri deeds.

^[4] See also Coney, "War and Peace" in Coney (ed) Standing in the Sunshine, 302_303, where it is noted that Mäori women fought either for or against the Crown depending on tribal loyalties.

^[5] See Mikaere, Te Maiharoa and the Promised Land, in particular on the introduction of Christianity and the subsequent missionary, ethnological and anthropological distortions of Mäori belief systems (74_93); see also Ballara's article, "The Pursuit of Mana? A Re-evaluation of the Process of Land Alienation by Mäori 1840_1890", 519; and Rigby and Koning's unpublished report for the Waitangi Tribunal, "Toitu te Whenua: Only the Land Remains Constant and Enduring: Crown Purchases in Muriwhenua 1850_1865".

^[6] See Hohepa and Williams, The Taking into Account of Te Ao Mäori in Relation to Reform of the Law of Succession (nzlc mp6, 1996), where Hohepa illustrates the extent to which these views have been internalised (para 96). He quotes an example from 1981 of men challenging, on the basis of gender, the right of women to be trustees on a Mäori land block (para 98).

^[7] For example, the administration of Mäori land under Te Ture Whenua Mäori Act 1993, allocation of settlement resources under the Mäori Fisheries Act 1989, environmental law under the Resource Management Act 1991 and child, youth and family issues under the Children and Young Persons and Their Families Act 1989.

^[8] A selection of some of the comments made by Mäori women during the consultation hui appears in appendix E.

^[9] Individuals become whakamä for a variety of reasons, of which these are examples (see Metge 1986, 39_58).

^[10] Anthropologists often speak of "the web of kinship"; in Mäori the nearest metaphor is te kupenga (see Metge 1995 81_82.)

^[11] With the exception of those appearing as defendants in the criminal court (11 percent), there was no other type of attendance which was reported by more than 10 percent of the respondents.

^[12] If the scheme is successful it may be replicated in other parts of New Zealand where there are remote, under-resourced communities. At a meeting to review the progress of the scheme, large numbers of people with legal problems concerning family law, criminal law, Mäori land issues and school expulsion were identified.

^[13] See generally, Sorrenson, "A History of Mäori Representation in Parliament" in the Report of the Royal Commission on the Electoral System _ Towards a better democracy (December 1986). The first Mäori member of Cabinet, John Carroll, was appointed Minister of Native Affairs in 1899. The first Mäori lawyer, Apirana Ngata was admitted to the bar in 1897.

^[14] The figures quoted here are the latest published figures from the Annual Report of the National Collective of Independent Women's Refuges for the year ended 30 June 1997. In other statistics, the Women's Safety Survey 1996 conducted as part of the National Survey of Crime Victims found, for example, that 5 percent of Mäori women with current partners and 44 percent of Mäori women with recent partners reported that they had been afraid their partner might kill them. Comparable figures for women generally were 3 percent and 24 percent.

^[15] The Department of Statistics used classifications of "main urban areas", "secondary urban areas" and "minor urban areas" to describe urban centres consisting of cities and/or districts with populations of at least 30,000 or as specified in the brackets in table 4. The category "metropolitan urban area" has been added to distinguish large urban areas with a population of at least 100,000.

^[16] The responses for a lot of children aged under 15 would have been provided by their parent(s) and not by the child themselves. In some of these families, the parent would be non-Mäori.

^[17] Section 5 of the Mäori Affairs Act 1953 made the Board responsible for administering that Act, which was concerned mainly with Mäori land and property. The Board, which comprised the Minister of Mäori Affairs, any member of the "Executive Council appointed to represent the Mäori race", five departmental heads and three other appointed members, had powers to acquire, purchase, lease or sell land under the Act.

^[18] The 1993_1996 SRA 8 reads as follows:

Treaty Claims Settlement
Significant progress towards the negotiation of fair and affordable settlements to well founded grievances arising under the Treaty of Waitangi.
Particular emphasis will be placed on:
(i) Advice and support for the negotiation process.
(ii) Development of processes that aim to ensure that claimants entering the negotiation process are appropriately represented and mandated.

^[19] The Ministry is to provide gender specific policy advice which addresses Mäori women's development, and to enhance "Mäori capacity across the state services" (Departmental Forecast Report, 11_12).

^[20] For example, in the mid-1980s Mäori children and young persons, who were descendants of Tainui and state wards, came under the supervision and direction of a Tainui social service organisation. This was a pilot scheme whereby resources were handed over to Mäori to use as they saw fit.

^[21] For example, it is the responsibility of the Director-General to include in all general managers' performance agreements a requirement to ensure that programmes and services of each business unit are culturally appropriate and likely to improve the well-being of Mäori; and the responsibility of each general manager to ensure that each district or area manager's performance agreement includes a requirement to establish and maintain regular contact with mana whenua iwi to discuss service and how it may be improved.

^[22] These include integrating performance requirements in relation to Mäori customers into purchase agreements between the Minister and Income Support; ensuring that Income Support strategic plans include objectives for Mäori service delivery which integrate output and reporting requirements; active recognition of circumstances in which Mäori customer frustration can arise such as long waits or repeat visits, particularly when customers are required to travel long distances or have limited access to transport, and where customers are dealing with other stressful events such as disentangling themselves from abusive relationships; better matching of Mäori to customer service officers; promoting the 0800 number to Mäori; improved liaison with iwi and Mäori organisations; integrating Mäori data into operational activities and developing a clear strategy regarding the use of ethnic data; and developing formal processes for assessing and promoting innovations in service delivery to Mäori.

^[23] The CFA's "Post Election Briefing Paper 1996" states that CFA "makes a substantial (about 40-55%) contribution to the not-for-profit sector, for the provision of community based social and welfare services" (12).

^[24] The programme operates under the "key worker" concept. Mäori professionals are being "untrained" and "retrained" to work with Mäori clients. Guiding principles of the programme include that young people involved should receive services that are "young person centred and family/whänau focused", that services be culturally competent and "responsive to the cultural, racial and ethnic differences of the populations they serve", and that "effective advocacy efforts for young people and their family/whänau" be promoted.

^[25] That is, where "official" action may be needed to remove a child or young person from their home for their own safety, or where a child or young person offends and is required to go through the legal process.

^[26] The years immediately following the enactment of the Public Finance Act 1989 saw similar uncertainty within departments over how to define the categories of outputs they produced.

^[27] The work undertaken by the CFA, for example, was characterised in Te Whänau O Waipareira Report as being based on vested interests, where the agency develops services to meet a need it has prioritised (83).

^[28] Te Puni Kökiri, "The Community Programme Sentence", 11, citing Mason Durie's 1994 paper to Hui Te Ara Ahu Whakamua, Rotorua, "Kaupapa Hauora Mäori _ Policies for Mäori Health".

^[29] Crime Prevention Unit, An Evaluation of the Community Panel Diversion Pilot Programme, 1998 16. These were two pilot projects offering different diversion models and operating in different community contexts. The ethnicity of offenders dealt with by Project Turnaround was described as `European' in 86 (88.7 percent) cases and Mäori in nine (9.3 percent) cases.

^[30] Crime Prevention Unit 1998, 10: the term "options" came to be the preferred term by the projects, although it in no way signalled that the options plans were optional.

^[31] Reliance on whänau may reflect a number of concerns: a preference for whänau support, a lack of appropriate service for Mäori victims, a lack of appropriate targeting by support services, or Mäori victims' lack of confidence in the criminal justice system.

^[32] Moreover, increased Mäori uptake may reflect factors other than service accessibility; for example, increased use of community law centres may result from greater need for legal services, increasing lawyers' fees, or more specific factors such as law firms leaving an area.

^[33] New Zealand Mäori Council v Attorney-General [1989] 2 NZLR 142; [1994] 1 NZLR 513 (PC); [1994] AC 466 (PC); New Zealand Mäori Council v. Attorney-General [1996] 3 NZLR 140; Tainui Mäori Trust Board v Attorney General [1989] 2 NZLR 513; Ngai tahu Mäori Trust Board v Director-General of Conservation [1995] 3 NZLR 553; Te Runanga o Muriwhenua Inc v Attorney General [1990] 2 NZLR 641; Te Runanganui o te Ika Whenua Inc Society v Attorney General [1994] 2 NZLR 20; Taiaroa v Minister of Justice [1995] 1 NZLR 411 (CA).

^[34] Lord Cooke, former President of the Court of Appeal, has noted in "The Harkness Henry Lecture: The Challenge of Treaty of Waitangi Jurisprudence" (1 Waik Law Rev 1,6) that

[w]ith naturally varying emphases and language, the judgements unite in defining principles in phrases such as partnership, fiduciary duty, active protection, full spirit, the honour of the Crown, fair and reasonable recompense for wrong, fundamental concepts, and satisfactory recompense.

^[35] Partnership was first discussed by the Tribunal in the Motunui report (Waitangi Tribunal (1983), Report Findings and Recommendations of the Waitangi Tribunal on an Application by Aila Taylor for and on behalf of Te Atiawa Tribe in Relation to Fishing Grounds in the Waitara District (Wai 6), Department of Justice, Wellington, 61).

^[36] Report of the Waitangi Tribunal on the Muriwhenua Fishing Claim (Wai 22) 1988,194; Turangi Township Report 1995, 137.