Te Aroha o te Hauangiangi : Māori perspectives on healing from substance abuse : a thesis presented in partial fulfilment of the requirements for the degree of Master of Philosophy in Māori Studies at Te Pūtahi-ā-Toi School of Māori Studies, Massey University, Palmerston North, Aotearoa/New Zealand

This thesis examines and describes Māori cultural components used in the treatment of substance abuse problems in the Taha Māori Programme at Queen Mary Hospital. This study explores themes that arise from the experiences of three therapists who worked in the Taha Māori Programme and eight clients who experienced cultural components in treatment. Together their personal narratives describe the healing journey from substance abuse. A Māori centred approach was used to guide the research process and a qualitative case study method was used to collate and analyse the data. Significant themes that emerged from the data were presented in a whakapapa paradigm that examined the healing journey from the realms of Te Korekore ki Te Pō ki Te Wheiao ki Te Ao Mārama

Current developments: Public international law I. Conflicts of criminal jurisdiction

The expansion of claims of extended territorial and extraterritorial criminal legislative jurisdiction and the increasing facility with which States are able to obtain custody over defendants by way of more effective extradition arrangements is leading to a new problem in transnational criminal law. The result of these developments is that more than one State may have legitimate jurisdiction to legislate for the same conduct and the courts of more than one State may be entitled to exercise judicial jurisdiction over those persons charged with crimes arising from that conduct. For prosecutors, the problem may present itself as one of prosecutorial efficiency—how may the case be proceeded with expeditiously, in particular, in which jurisdiction is a conviction most likely to be secured? Considerations such as the availability of witnesses or the admissibility of evidence may influence the prospects of conviction and prospective punishments may be a factor when deciding in which system prosecutors prefer the case to go ahead. Defendants have different perspectives. In many cases involving extradition to face a charge based on an exercise of extended jurisdiction, the defendant will be removed from the place where he lives and works to another State. There may be adverse consequences for him compared to facing a trial where he is usually located. Criminal proceedings abroad will be in an unfamiliar legal system; bail may be harder to obtain because of a perceived greater danger of flight; the impossibility to continue working during the period in which the trial is being prepared may impose financial hardship; defendants will be removed from their families and social networks for considerable periods

Māori Election Petitions of the 1870s: Microcosms of Dynamic Māori and Pākehā Political Forces

Māori election petitions to the 1876 Eastern Māori and the 1879 Northern Māori elections were high-stakes political manoeuvres. The outcomes of such challenges were significant in the weighting of political power in Wellington. This was a time in New Zealand politics well before the formation of political parties. Political alignments were defined by a mixture of individual charismatic men with a smattering of provincial sympathies and individual and group economic interests. Larger-than-life Māori and Pākehā political characters were involved in the election petitions, providing a window not only into the complex Māori political relationships involved, but also into the stormy Pākehā political world of the 1870s. And this is the great lesson about election petitions. They involve raw politics, with all the political theatre and power play, which have as much significance in today’s politics as they did in the past. Election petitions are much more than legal challenges to electoral races. There are personalities involved, and ideological stances between the contesting individuals and groups that back those individuals. Māori had to navigate both the Pākehā realm of central and provincial politics as well as the realm of Māori kin-group politics at the whānau, hapū and iwi levels of Māoridom. The political complexities of these 1870s Māori election petitions were but a microcosm of dynamic Māori and Pākehā political forces in New Zealand society at the time

Federal Aspects of the European Convention on Human Rights

The inquiry pursued in this paper has been prompted by a paradox. In the United States, the Supreme Court has been reluctant to find any constitutional limitations upon the power of the States to allow the administration of corporal punishment in schools, despite being able to rely on the national Bill of Rights - in the interpretation of which the Court has many times circumscribed the power of the State governments in other contexts. The result has been that some children have been left without redress when they have been subjected to exceptionally severe punishment. Under the system of the European Convention on Human Rights, recent judgments of the European Court of Human Rights and decisions of the Commission have all but outlawed corporal punishment of schoolchildren. The United Kingdom, the defendant State principally involved in these cases, has recently legislated to make the infliction of the penalty unlawful in State schools. The European institutions have reached this intrusive conclusion relying on an international treaty, which has no direct force of its own within the national legal system and which is a very new regime. The American cases seem to show a remarkable solicitude for state autonomy

The super-narrative effect. The resonance of written letters for whānau in the historical record.

In March 1988, my late aunt Onehou Phillis (1926-2012) and I visited the National Archives (as it was called then) and the Alexander Turnbull Library in Wellington. Onehou was our Māori language teacher at Edgecumbe College in the Eastern Bay of Plenty and was accompanying our seventh-form English class to Wellington as our kaumatua. We stayed at Bruce Stewart’s marae, Tapu Te Ranga, at Island Bay, and during the course of the week there was ample time to take in our capital’s highlights. One afternoon, Onehou and I took the opportunity to see what information was held at the archives concerning our Ngāti Awa and Tūhourangi tipuna Maata Te Taiawātea Te Rangitūkehu (c.1849-1929). My father and Onehou were first cousins and Maata was their grandmother. &nbsp

Introduction

This volume derives from a small symposium, “He Tuhinga nō Neherā”, held at the Hocken Collections in November 2018.[i] The event’s title, which may be translated as “Writings from the Past”, defined the subject of the meeting, that is, historical texts written by Māori. We have changed the name slightly for this publication; “He Tuhinga Tuku Iho”, playing with the kīwaha, “he taonga tuku iho” (treasures handed down), writings that pass on the language of earlier generations, and the thoughts, feelings and aspirations of tūpuna. Nine authors contribute to this collection, all but one of whom presented at the symposium. We encouraged them to consider various textual genres, such as petitions, newspaper articles, wills, pamphlets, letters, and speeches, although they could be interpret the term “text” as broadly as they wished.   We would like to thank Megan Pōtiki as a co-convenor of the symposium, the Hocken Library for hosting the event, and the University of Otago’s Centre for Research on Colonial Culture for its financial support of the symposium and subsequent publication. We hope that this volume aligns with the Centre’s stated goal of producing “critical histories of the present”

I. BRITISH POLICY AND THE NATIONAL TRANSITIONAL COUNCIL OF LIBYA

In February 2011,2 an uprising began in Benghazi in eastern Libya against the long-established Gaddafi3 Government. After initial military success by the rebels in the east, the government responded forcefully. In the light of threats made by the government to the lives of people in Benghazi, the Security Council authorized ‘any necessary measures’ to protect civilian lives in Libya and to enforce a no-fly zone over Libya's air space.4 Acting on this authorization, NATO forces intervened to enforce the no-fly zone and to protect civilians. The resolution precluded the occupation of Libya, so the NATO action was confined to aerial and some naval bombardment of regime targets in Libya. The combined effects of operations by the irregular forces of the rebels and the bombing by NATO eventually led to the defeat of Government forces and the death of President Gaddafi on 20 October 2011. However, the overthrow of the regime was principally the work of groups in the west and south-west, not formally associated with the original insurrection in the east. This note is not concerned with matters of legality of the use of force or the way in which the campaign was conducted by any of the participants.5 It deals with the diplomatic aspects of the development of relations between the United Kingdom, the Gaddafi Government of Libya and the ‘National Transitional Council’ (NTC). It raises some speculation about the implications in domestic law of the way British policy was conducted.</jats:p