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Tangata Moana for Tino Rangatiratanga:  Exploring the role of Pacific Peoples within constitutional transformation
Graduate Thesis/Dissertation   Open access

Tangata Moana for Tino Rangatiratanga: Exploring the role of Pacific Peoples within constitutional transformation

Josephine Māia Laloifi Ripley
~ Bachelor of Laws with Honours - LLB (Hons), University of Otago
2023
Handle:
https://hdl.handle.net/10523/47107
Appears in  Dissertations

Abstract

New Zealand Law Pacific peoples New Zealand Constitution constitutional transformation Tangata Moana Tino Rangatiratanga Otago Yearbook of Legal Research
The Aotearoa New Zealand Constitution does not provide for Pacific peoples. For example, there is no reference to Pacific peoples in the Constitution Act 1986, the Cabinet Manual, or Legislation Guidelines despite the Realm of New Zealand including three Pacific islands and Aotearoa New Zealand being home to large, diverse Pacific Island populations. Furthermore, when considered against the backdrop of acknowledged racist and unjust Crown policies and practices targeting Pacific peoples it is problematic that our constitution does not protect or uphold Pacific peoples’ legal standing. This dissertation is focused on exploring the Aotearoa New Zealand constitutional relationship with Pacific peoples within the context of the Māori call for constitutional transformation. The construct of constitutional transformation is not foreign, especially to Māori who have 'discussed the need for a different constitutional arrangement since it became apparent that te Tiriti was being dishonoured by the Crown.'
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