Te Rito o Te Harakeke : (Record no. 7851)

MARC details
000 -LEADER
fixed length control field 05809nam a22003857a 4500
005 - DATE AND TIME OF LATEST TRANSACTION
control field 20250625151623.0
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 221011s2022 -nz||| |||| 00| 0 eng d
040 ## - CATALOGING SOURCE
Original cataloging agency AFVC
100 ## - MAIN ENTRY--PERSONAL NAME
Personal name Fitzmaurice, Luke
9 (RLIN) 6609
245 ## - TITLE STATEMENT
Title Te Rito o Te Harakeke :
Remainder of title decolonising child protection and children's participation
Statement of responsibility, etc Luke S. Fitzmaurice
246 ## - VARYING FORM OF TITLE
Title proper/short title A thesis submitted for the degree of Doctor of Philosophy University of Otago
260 ## - PUBLICATION, DISTRIBUTION, ETC. (IMPRINT)
Date of publication, distribution, etc 2022
300 ## - PHYSICAL DESCRIPTION
Extent electronic document (325 pages) ; PDF file
500 ## - GENERAL NOTE
General note PhD thesis, University of Otago
520 ## - SUMMARY, ETC.
Summary, etc Tamariki Māori are over-represented in the Aotearoa New Zealand child protection system. This is a long-standing problem, which has its roots in the impacts of colonisation on Māori. The issue has come to a head in recent years, with a report from the Waitangi Tribunal in 2021, ‘He Pāharakeke, He Rito Whakakīkīnga Whāruarua’, finding that the government had breached the principles of Te Tiriti o Waitangi/The Treaty of Waitangi in relation to child protection. This thesis explores those issues from a Māori perspective, focusing on four questions:<br/><br/>1. Should the child protection system in Aotearoa New Zealand be decolonised and, if so, which principles of tikanga could help with this?<br/><br/>2. How effectively do the legal, policy and practice settings of the current child protection system meet the needs of tamariki and whānau Māori?<br/><br/>3. How might kaupapa Māori research and theory help to ensure that the decolonisation of the child protection system happens safely?<br/><br/>4. How should decisions be made within a decolonised child protection system, and what role should tamariki and whānau themselves have in that process?<br/><br/>Given the impacts of colonisation on the current challenges faced by tamariki and whānau Māori, the concept of decolonisation is used to analyse the ways in which the child protection system should change in future. In reference to my first research question, I argue that if the child protection system is to ever meet the needs of Māori it must be grounded in tikanga Māori and must contribute to the wider restoration of tikanga Māori in Aotearoa New Zealand generally. A decolonisation framework helps to highlight those wider changes that are necessary to improve outcomes for Māori generally, while also highlighting what must change within the child protection system itself. In reference to my second research question, I analyse the ways in which the legal, policy and practice settings of the current child protection system fail to meet the needs of Māori, and outline how those settings could be changed.<br/><br/>In reference to my third research question, I draw on kaupapa Māori research and theory to develop a framework which I have labelled ‘kaupapa Māori legal theory’. This framework acknowledges the potential value of incorporating tikanga Māori in law, but seeks to problematise the assumption that doing so is inevitably positive. Doing so carries risk, and kaupapa Māori legal theory seeks to find a way forward between those benefits and risks by suggesting that incorporating tikanga in law can be positive for Māori, but only if it helps affect a shift in power to Māori from the Crown. I develop the concept of ‘legislative off-ramps’ to describe the potential legal shifts which can affect short-term benefits for Māori while also enabling longer-term transformative change.<br/><br/>Finally, in reference to my fourth research question, I explore the issue of child protection decision-making as an illustration of how a decolonised child protection system might operate. Building on the theoretical analysis in the first half of my thesis, I analyse the findings from qualitative interviews I conducted with eight people, all of whom were Māori. The need to balance the views of tamariki and whānau with broader perspectives and considerations of tikanga is a microcosm of the issues facing the child protection system as a whole, and addressing the tension between those perspectives provides an illustration of how longer-term challenges within the child protection system could be addressed.<br/><br/>Building on those interview findings, I outline six tikanga Māori principles which I believe can be central to a decolonised child protection system – mana, rangatiratanga, wānanga, whakapapa, whanaungatanga and whānau. I analyse the ways in which those principles could shift law, policy and practice, and provide examples of what legislative reform might look like. The proposed reforms are designed to improve the child protection system for tamariki and whānau Māori and ensure their voices are heard, while also giving effect to broader aspirations regarding Māori self-determination and decolonisation. I believe that finding a way to uphold both of those short-term and longer-term goals is what will ultimately make the biggest difference for Māori. The longer-term changes required are fundamental, and the child protection system can perhaps be a place to start. (Author's abstract). Record #7851
610 ## - SUBJECT ADDED ENTRY--CORPORATE NAME
Corporate name or jurisdiction name as entry element Oranga Tamariki, Ministry for Children
9 (RLIN) 7316
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILD PROTECTION
9 (RLIN) 118
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element CHILD WELFARE
9 (RLIN) 124
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element VOICES OF CHILDREN AND YOUNG PEOPLE
9 (RLIN) 9758
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element FAMILIES
9 (RLIN) 238
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element MĀORI
9 (RLIN) 357
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element RANGAHAU MĀORI
9 (RLIN) 5532
650 #4 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element SOCIAL SERVICES
9 (RLIN) 555
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TAIPŪWHENUATANGA
9 (RLIN) 5548
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TAMARIKI
9 (RLIN) 597
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TE AO MĀORI
9 (RLIN) 12662
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element THESES
9 (RLIN) 606
650 #0 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TIKANGA TUKU IHO
9 (RLIN) 5542
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TOKO I TE ORA
9 (RLIN) 5247
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element TUHINGA WHAKAPAE
9 (RLIN) 5598
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name as entry element WHĀNAU
9 (RLIN) 642
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name NEW ZEALAND
9 (RLIN) 2588
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="http://hdl.handle.net/10523/13625">http://hdl.handle.net/10523/13625</a>
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Source of classification or shelving scheme Dewey Decimal Classification
Koha item type Thesis / dissertation
Classification part kmthesis23
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Date acquired Total Checkouts Full call number Barcode Date last seen Price effective from Koha item type
    Dewey Decimal Classification     Vine library Vine library 11/10/2022   Online ON22100021 11/10/2022 11/10/2022 Access online