Indigenous rights and ontological plurality in the institutional arrangements for the Waikato and Waipā Rivers in Aotearoa

Type of content
Journal Article
Thesis discipline
Degree name
Publisher
Informa UK Limited
Journal Title
Journal ISSN
Volume Title
Language
en
Date
online-publication-date
Authors
Clark C
Fisher K
Macpherson, Elizabeth
Abstract

This paper analyses the institutional arrangements for the Waikato and Waipā Rivers in Aotearoa New Zealand to consider how effectively they promote Indigenous rights and the exercise of Māori law and relationships with place. We ask how these arrangements shape power relations and dynamics among different (human and non-human) actors and whether they foster relationality and create the enabling conditions that generate alternatives to modernist ways of governing. After examining the detail of these complex institutional arrangements in a way that exposes their ontological foundations, this paper argues that, despite limitations, particularly in relation to implementation, these arrangements operate to increase Iwi authority and, thus, promote Indigenous rights, and legal and ontological pluralism. This outcome demonstrates a vibrancy and plurality of thinking in relation to new models of law and institutional arrangements in settler-colonial contexts—beyond those grounded in rights of nature—and that there are a variety of pathways towards the realisation of Indigenous rights and authority, and the related promotion of legal and ontological pluralism.

Description
Citation
Clark C, Fisher K, Macpherson E Indigenous rights and ontological plurality in the institutional arrangements for the Waikato and Waipā Rivers in Aotearoa. The International Journal of Human Rights. 1-28.
Keywords
governance, rivers, ontology, legal pluralism, rights, relationality
Ngā upoko tukutuku/Māori subject headings
Ture | Laws::Ture putaiao | Environmental laws
Tikanga tuku iho | Values::Kaitiakitanga | Conservation of natural resources; Customary rights; Land stewardship; Rights, Customary; Stewardship, Land::Mana o te wai | Rights, Riparian; Rights, Water; Riparian rights; Water rights
ANZSRC fields of research
48 - Law and legal studies::4802 - Environmental and resources law
48 - Law and legal studies::4807 - Public law::480701 - Administrative law
45 - Indigenous studies::4511 - Ngā tāngata, te porihanga me ngā hapori o te Māori (Māori peoples, society and community)::451120 - Ngā iwi Māori me te ture (Māori peoples and the law)
45 - Indigenous studies::4511 - Ngā tāngata, te porihanga me ngā hapori o te Māori (Māori peoples, society and community)::451124 - Ngā ture rawa Māori (Māori resource law)
45 - Indigenous studies::4519 - Other Indigenous data, methodologies and global Indigenous studies::451902 - Global Indigenous studies environmental knowledges and management
45 - Indigenous studies::4509 - Ngā mātauranga taiao o te Māori (Māori environmental knowledges)::450906 - Te whakahaere whenua me te wai o te Māori (Māori land and water management)
Rights
© 2024 The Author(s). Published by Informa UK Limited, trading as Taylor & Francis Group This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/ licenses/by/4.0/), which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent.