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The ‘Place’ of Pacific Peoples in Aotearoa-NZ: Exploring ‘Constitutional’ Issues

The ‘Place’ of Pacific Peoples in Aotearoa-NZ: Exploring ‘Constitutional’ Issues. Tamasailau Suaalii-Sauni Department of Sociology / Centre of Pacific Studies University of Auckland. The ‘Treaty of Otara’ alludes to the status / place of Pacific peoples in New Zealand

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The ‘Place’ of Pacific Peoples in Aotearoa-NZ: Exploring ‘Constitutional’ Issues

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  1. The ‘Place’ of Pacific Peoples in Aotearoa-NZ: Exploring ‘Constitutional’ Issues Tamasailau Suaalii-SauniDepartment of Sociology / Centre of Pacific Studies University of Auckland

  2. The ‘Treaty of Otara’ alludes to the status / place of Pacific peoples in New Zealand It suggests (‘tongue in cheek’) that the relationship between Pacific migrants, the Crown and Maori people is complex Pacific islands as (former) territories of New Zealand colonial government Pacific migrants recruited to fill New Zealand labour shortages Pacific migrants inter-marry with New Zealand Maori Pacific migrants disproportionately represented in low socio-economic / educational achievement statistics The ‘Treaty of Otara’

  3. Treaty of Waitangi – O se faavae o le malo • Rethinking constitutional issues in New Zealand requires understanding the cultural as much as the legal dimensions of the ToW • ToW embodies both introduced and customary principles of law and law-making • ToW embodies the ‘thinking framework’ and ‘constitutional foundation’ for us as Pacific migrants in New Zealand to negotiate our ‘place’ in Aotearoa (e.g. through concepts such as tinoranga tiratanga,turangawaewae; faavae; feagaiga)

  4. John Locke In tracing the question of government, Locke argues that democratic government, legitimate civil government, can only really occur via the explicit consent of those governed. For this type of government to exist a social contract must exist between the governors and the governed. Alex Frame & Paul Meredith (Te Matahauariki Institute) Pacific ‘social contracts’ involve ‘roles’ rather than ‘individuals’ Customary law engages sacred covenants (feagaiga) or traditional ‘constitutional’ lores (faavae) principles for determining appropriate government Treaty of Waitangi as a ‘social contract’ or ‘sacred covenant’

  5. Treaty of Waitangi and Westminster politics • Opposition based party politics runs contrary to the consensus based, clan-oriented politics of many Pacific nations • ToW provides a vehicle for negotiating the ‘culturally inappropriate’ effects of Westminster politics

  6. National identity and constitutional evolution • Nationality in New Zealand today includes different (including ‘hybrid’) identities and this must be reflected in the constitutional framing of ‘rights’ and ‘responsibilities’ in New Zealand law and policy • Pacific peoples share a long and close history with New Zealand Maori and the New Zealand Crown, this informs our ‘place’ in the constitutional development debates not only in Aotearoa/New Zealand, but the wider Pacific region

  7. Concluding remarks • I fled Him, down the nights and down the days;   I fled Him, down the arches of the years;I fled Him, down the labyrinthine ways   Of my own mind; and in the mist of tearsI hid from Him, and under running laughter;            Up vistaed hopes I sped;            And shot, precipitated,   Adown Titanic glooms of chasmed fears,From those strong Feet that followed, followed after.            But with unhurrying chase,            And unperturbed pace,Deliberate speed, majestic instancy,            They beat — and a Voice beat            More instant than the Feet—"All things betray thee, who betrayest Me.“ (Francis Thompson)

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