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The social construction of housing tenure in Aotearoa New Zealand, 1900 to 1990 : crisis, place, and the path to a dual tenure regime : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Geography at Massey University, Manawatū, Aotearoa New Zealand
(Massey University, 2023) Ryland, Daniel Brian
Over the 20th Century and beyond there have been repeated urban housing crises which have negatively impacted the welfare of many households. Discussions and solutions for these crises have centred on binaries of homeownership and renting or State versus market within a pre-determined housing trajectory. However, the academic housing literature has argued for a more nuanced view of tenure to engage with housing effectively. This thesis aims to contribute to this project by exploring Aotearoa New Zealand’s pathway toward a dual tenure regime. I explore tenure as a relational concept created by the intersection of economic, legal, and cultural dimensions in place and across time. Exploring tenure beyond broad categorisations emphasises the need to imagine it differently. I used document analysis drawing on Parliamentary debates, political cartoons, archival documents, newspapers, statistics, and community organisation reports. They were analysed with a social constructivist approach inspired by a critical realism lens to explore the interdependence of tenure, place, and housing crisis. A core feature is that housing crises necessitating solutions drive tenure change. To explore Aotearoa New Zealand’s pathway to a dual tenure regime, I focused on the social construction of tenure during three housing crises. I argue that Aotearoa New Zealand’s dual tenure regime valorising freehold ownership with an individual title over other tenure options took shape over the 20th Century. Housing policy and economic decisions in the first quarter of the century to deal with housing crises embedded freehold ownership with an individual title as the most desirable tenure and end point of a housing trajectory. These would be reinforced through later housing crises as the social construction of tenure created opportunities and constraints for housing. By 1990, tenures were understood through their relation to freehold with an individual title and how they fit within a pre-defined housing trajectory, limiting the ability to experiment with other tenure forms. The thesis concludes that tenure needs to be imagined holistically as a multiply-determined, dynamic, and relational concept intertwined with crises, and that the latter can highlight opportunities to imagine other tenures.
Te Moeone Mārakai : connection, ahi kā and healing : a thesis presented in partial fulfilment of the requirements for the degree of Doctorate in Public Health at Massey University, Albany, Aotearoa, New Zealand
(Massey University, 2022) Taiapa, Ken
There are significant Māori led initiatives in Aotearoa New Zealand that seek to uplift the wellbeing of people and whenua through assertion of rangatiratanga, connection and reconnection. Rangatiratanga, combined with other living philosophies and practices such as ahi kā, manaakitanga, mana whenua and kaitiakitanga, provides a foundation for the development and implementation of such initiatives. One common expression of Māori (and non-Māori) community action in relation to respectful environmental relationships and connection, is through community gardens. This approach to collective food production is recognised for its ability to increase access to fresh, healthy food, promote physical activity, build community, and share knowledge and practices in relation to food gardens. Mārakai, as they are known in Māori communities have multiplied to the point where they can be found in most towns around the country. My doctoral study is set at Tārereare, a small holding of Māori-owned land situated on top of Mangaone Hill, in New Plymouth city. A relocated house serves as a whare for the mana whenua, Ngāti Tāwhirikura hapῡ, one of eight hapū that make up Te Atiawa iwi. Adjacent to this is an additional acre of land no longer owned by the hapū that has been converted into a mārakai known as Te Moeone. I worked with Ngāti Tāwhirikura hapū as they pursued the reignition of ahi kā, a vision articulated in their aspirations framework, developed in response to a challenging Treaty claims settlement process. To achieve this, I followed the development and implementation of their food-production vision and other related initiatives aimed at restoring their social, cultural, and environmental wellbeing. Through haerenga kitea video records, qualitative interviews, hui and wānanga, we explored the reconnection of the hapū to their tūrangawaewae through the mārakai. The story of the mārakai is one of tensions and challenges inherent in the Treaty claims settlement process and the emergence of the aspirations framework to assert values of peace, rangatiratanga and ahi kā. As a vehicle to pursue these aspirations, the mārakai brought the hapū and other community members together, with impacts across multiple domains of identity, mana, hauora and hapūtanga.
The planning framework for Maori land : a thesis presented in partial fulfilment of the requirements for the degree of Master of Resource and Environmental Planning at Massey University
(Massey University, 2000) Stephenson, Janet Rhona
The thesis examines the relationship between Maori land and the resource management planning framework within New Zealand, within an analytical framework of the Treaty of Waitangi and contemporary indigenous collaborative management regimes. Maori land is a unique class of land in New Zealand, representing the remains of tribal lands still in Maori ownership. Maori traditional forms of resource management were integrally linked with tenure and the allocation of use-rights, but legislation and practices introduced following the signing of the Treaty of Waitangi transformed the tenure system and gave no recognition to Maori resource management practices. Maori land and Maori needs were virtually ignored by planning legislation while the Maori Land Court carried out a central role in planning decisions relating to Maori land. From 1977, planning law gave some recognition of Maori values, which over time influenced the development of district scheme provisions relating to the use of Maori land. The 1991 Resource Management Act gave Maori issues greater prominence, but when translated into district plan provisions failed to give Maori any significant role in resource management on their own land. Contemporary Maori concerns about the planning framework include its lack of recognition of Maori as a legitimate resource authority, the lack of incorporation of the principles of the Treaty of Waitangi, and the failure to give any real effect to the concept of rangatiratanga. The Waitangi Tribunal has also identified shortcomings of the current planning framework in terms of the principles of the Treaty. These findings, together with current trends such as the development of iwi/hapu management plans; the growth of parallel services for Maori in education and health; and the increasing international recognition of indigenous land and resource management rights, challenge the current planning regime as it relates to Maori land. Contemporary planning needs to recognise its basis in a dual heritage by reshaping its institutions and laws so as to accommodate the co-existence of an indigenous planning system. It is suggested that this be by way of collaborative management agreements whereby resource management planning responsibilities for Maori land are largely devolved to iwi within a framework delineating national requirements for sustainable management.
Exploring the roles of women in indigenous businesses based on customary land : case studies from Papua New Guinea : a thesis presented in fulfilment of the requirement for the degree of Doctor of Philosophy in Development Studies at Massey University, New Zealand
(Massey University, 2020) Steven, Hennah
The purpose of this research is to explore how indigenous enterprises based on customary land in Papua New Guinea (PNG) work to empower women. This research is part of the Royal Society of New Zealand Marsden project “The land has eyes and teeth”: customary landowners’ entanglements with economic systems in the Pacific that draws upon the notion of land as ‘assemblage’ (Li, 2014). The study brought in a gendered dimension to the project to understand how economic engagements on customary land involve and benefit women. Three examples of small-medium indigenous enterprises from PNG were selected as case studies. Utilising the Pacific Vanua and Tali magimagi influenced research framework, the involvement of women in these cases was examined to understand how they contributed to and benefited from small business engagements on customary land. From executing a mixture of tok stori/stori sessions (storytelling, conversations), semi-structured interviews and participatory observation, the study revealed the significance of indigenous social values and practices that were of critical support to business sustainability on customary land. Women played an important role as the ‘social glue’ within the businesses, maintaining the local value of wanbel to keep social cohesion and harmony within the businesses, communities and, with associated people. This was seen through their work on the maintenance of wellbeing for workers, relatives and communities; meeting socio-cultural obligations and responsibilities, and allowing spiritual values and beliefs to influence their actions and decisions. The desire to maintain these social values influenced the way they behaved. They also played direct business roles as co-managers, financial managers, workers and producers that helped to support business viability and retain customary land for the benefit of the family, clan and community. Further, women benefited from these businesses in various ways including gaining recognition and status in their households and communities. The study shows that customary land ownership is not a barrier to economic development, as widely held perceptions would suggest, rather it is an asset that can facilitate different forms of local development for people and communities in PNG and in the wider Pacific. There is a need to understand economic-centred intentions alongside the social-cultural interests of women to drive context-specific development. A culturally appropriate gender-sensitive framework is proposed in this thesis as an alternative development framework that can guide the work of government policymakers, development agencies and donors to formulate inclusive development programmes that also support women’s other interests in PNG and the Pacific.
'E da dravudravua e na dela ni noda vutuni-i-yau' : customary land and economic development : case studies from Fiji : a thesis presented in fulfilment of the requirement of the degree of Doctor in Philosophy in Development Studies at Massey University, Palmerston North, Aotearoa
(Massey University, 2020) Vunibola, Suliasi
The purpose of this research is to determine how indigenous Fijian communities have been able to establish models of economic undertaking which allow successful business development while retaining control over their customary land and supporting community practices and values. External critics frequently emphasise that customary practices around land restrict economic development and undermine investments in the Pacific. There is also assertion that within the Pacific islands, culture and customary measures are mostly viewed as impediments of hopeful development. This research seeks to switch-over these claims by examining how customary land and measures facilitate successful business forms in Fiji. Along with the overarching qualitative methodology - a novel combination of the Vanua Research Framework, Tali Magimagi Research Framework, and the Bula Vakavanua Research Framework - a critical appreciative enquiry approach was used. This led to the development of the Uvi (yam - dioscorea alata) Framework which brings together the drauna (leaves) representing the capturing of knowledge, vavakada (stake) indicating the support mechanisms for indigenous entrepreneurship on customary land, uvi (yam tuber) signifying the indicators for sustainable development of indigenous business on customary land, and taking into consideration the external factors and community where the indigenous business is located. Case studies on three successful indigenous Fijian businesses based on customary land were conducted in two geographical locations in Fiji, and methods included talanoa, active participant observation, and semi-structured interviews. This study found that customary tenure and cultural values can support socially embedded economic development activities in the Pacific. It also reinstates the inherent value of customary land as an intergenerational resource aiding self-determined and inclusive development, including economic activities that provide holistic returns to communities as in socio-cultural contributions and community development initiatives. The businesses were able to be sustainable by devising mechanisms that balance daily business and community contributions. The study concludes that locally-driven development on customary land could be a model for alternative forms of economic development, thus, helping to reshape understanding of economies in Fiji and the wider Pacific.
I mārama te rironga ko a te Kuīni : the Waipukurau purchase and the subsequent consequences on Central Hawke's Bay Māori to 1900 : a thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in History at Massey University, Manawatū, New Zealand
(Massey University, 2019) Hunter, Michael Allan
In 1820s and 1830s Māori from Central Hawke’s Bay came into contact with Pākehā for the first time and they began to trade. From this contact they began to see the benefits of Pākehā. So they requested the government to establish a Pākehā settlement and offered land for sale. Land was purchased at Waipukurau on 4 November 1851. Donald McLean made sweeping promises of benefits and riches when the deed was signed however these benefits and riches would never come to the Māori of Central Hawke’s Bay. The Waipukurau purchase opened the door for more purchases. The Māori of Central Hawke’s Bay began alienating their land. First through direct purchasing with Donald McLean then through the Native Land Court. Māori would soon find themselves in debt which would lead to the Hawke’s Bay Native Lands Alienation Commission 1873. Central Hawke’s Bay Māori emerged as leaders of the Repudiation Movement of the 1870s and then the Kotahitanga Māori Parliament of the 1890s in order to fight for their lost lands. In 2015 Māori of Central Hawke’s Bay along with Heretaunga Māori settled their Treaty of Waitangi claim with the Crown. However, because they went straight to negotiations, a full report by the Waitangi Tribunal was never completed. This thesis demonstrates a long term and irrevocable effect of the Waipukurau purchase for the iwi and hapū concerned.
The use of the conservation estate in the settlement of Treaty of Waitangi claims : a thesis presented in partial fulfillment of the requirements for the degree of Master of Science in Ecology/Zoology at Massey University
(Massey University, 1998) Vertongen, Baden Anthony
The effect of the Treaty of Waitangi on New Zealand's conservation estate through the settlement of Treaty of Waitangi claims, and the Department of Conservation's requirement under the Conservation Act 1987 to have regard for the principles of the Treaty of Waitangi is introduced. The importance of the Treaty of Waitangi Settlement process and the controversy surrounding the role of the conservation estate in this process is also discussed. A background to the Treaty of Waitangi settlement process is presented and three major land claims and their resulting settlements are examined as case studies. These are the Tainui-Waikato raupatu claim, the Whakatohea claim, and the Ngai Tahu claim. The potential impact of each of these settlements on the ownership and management of New Zealand's conservation estate is discussed and compared with the impact of the Department of Conservation's current commitment to the Treaty of Waitangi through it's Kaupapa Atawhai Strategy on the management of the conservation estate. It was found that the settlement of Treaty of Waitangi claims has had little impact on New Zealand's conservation estate. Only very small areas of the conservation estate have had ownership transferred to claimants, and the area of land managed by the Department of Conservation has increased as a result of Treaty settlements. Treaty of Waitangi settlements have also had little impact on the management of New Zealand's conservation estate, as many of the redress instruments included in settlements are similar to the objectives and policies included in the Departments of Conservation's Kaupapa Atawhai Strategy. Future Treaty of Waitangi settlements are also unlikely to have a significant impact on New Zealand's conservation estate, and are likely to become more effective through improved consultation with the public and conservation interest groups and the closer involvement of the Department of Conservation's Kaupapa Atawhai section in the settlement process.
Diverging paths : an examination of the Stout-Ngata recommendations and subsequent legislation : a thesis presented in partial fulfilment of the requirements for Masters of Arts at Massey University
(Massey University, 1996) Tuuta, Dion
In 1907 the Commission on Native Land and Native Land Tenure was created in order to examine the state of Maori owned lands throughout the North Island of New Zealand. The Commission was headed by the Chief Justice, Sir Robert Stout, and Apirana Ngata, and became known as the Stout-Ngata Commission. The Stout-Ngata Commission of 1907-1909 ascertained how much "surplus" Maori land existed throughout the North Island during this time and the best ways to utilise and settle the land in the interests of the Maori owners and the public good. The Commission toured the country interviewing hundreds of Maori owners and relayed their wishes to the government in a series of forty-two reports. The Commission offered the government advice on matters affecting Maori land legislation. The purpose of this thesis is to ascertain the influence of the Stout-Ngata Commission on subsequent Maori land legislation and to highlight the impetus behind the legislation of the time. This will be done by examining the activities of Stout and Ngata throughout the North Island and the recommendations they made to Parliament in regard to the management and development of Maori land. The thesis will then examine three major pieces of Maori land legislation that came in the wake of the Stout-Ngata Commission. A key question is how successful were the recommendations of the Stout-Ngata Commission in influencing this legislation. Responses to the Commission throughout New Zealand were many and varied. In general, European politicians envisioned the Commission's recommendations as an avenue for the opening up of "surplus" Maori lands for European settlement. In general, the Maori members of Parliament were hopeful that the Commission would offer Maori a greater chance to farm and develop their remaining lands. Problems arose with the interpretation of the Commission's reports by government and the eventual translation of the recommendations into legislation. The government, overwhelmingly Pakeha in membership and outlook, pursued an official policy of assimilation. 1. J. Metge, The Maoris of New Zealand. [1967], (London, 1976), p.303. Ideas of European superiority influenced the way Pakeha politicians approached the Commission's recommendations and the framing of Maori land legislation. This created a noticeable gap between the recommendations of the Commission and the legislation subsequently passed.
Planning to develop land returned under Treaty settlement in Waikato, Aotearoa New Zealand : an institutional ethnography : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Health at Massey University, SHORE & Whāriki Research Centre, Aotearoa New Zealand
(Massey University, 2017) Livesey, Brigid Te Ao McCallum
This research investigates planning to develop land returned as settlement for breaches of Te Tiriti o Waitangi (the Treaty of Waitangi). Using institutional ethnography methodology, I explore a case study of the relationship between an iwi authority, Te Whakakitenga o Waikato, and a local authority, Hamilton City Council. In 1995, significant areas of land were returned to Waikato-Tainui through Treaty settlement. This research focuses on processes to develop planning regulation for land owned by Waikato-Tainui at Te Rapa, site of ‘The Base’ retail development and Te Awa shopping mall, and Ruakura where an inland port and associated activities are proposed. Iwi planning documents describe a vision to develop land returned under Treaty settlement. Commercial property development to regain ‘economic sovereignty’ is a critical element in the ‘integrated development agenda’ for Waikato-Tainui. However, critical discourse analysis and intertextual analysis illustrate that this vision is not well-reflected in local government planning documents. Relations between Hamilton City Council and Waikato-Tainui have changed from generally adversarial in 2009 during planning processes to restrict development at Te Rapa through Variation 21, to more collaborative during planning processes to approve the Ruakura Plan Change in 2014. Complementing data from interviewing practitioners with analysis of texts created through these planning processes, I consider control, timing, and trust as key factors in this changing relationship. This research provides evidence for dual planning traditions in Aotearoa New Zealand. Communal ownership of land and inalienability are characteristics of land returned under Treaty settlement which have influenced development decisions made by Waikato-Tainui. Planners and the planning profession can ‘transform’ planning practices to create new relationships between local government and iwi authorities. Interviews suggest that crosscultural planning can be a challenging and emotional experience. Iwi planning documents articulate a vision for future relationships based on mana whakahaere (affirming Māori authority) and mātauranga Māori (valuing Māori knowledge). In response, I highlight the need for changes to the New Zealand Planning Institute Code of Ethics to support planners working to decolonise planning. I conclude by ‘mapping’ the institution of planning for Treaty settlement land, and identifying levers which planners can use to support Māori goals for land development and economic self-determination.
Te mōrehu whenua, te mōrehu tāngata : Māori land incorporations and tribal imperatives : Morikaunui Incorporation, Atihau-Whanganui Incorporation : a thesis presented in partial fulfilment of the requirements for the degree of Master of Arts in Māori Studies at Massey University
(Massey University, 2005) Tinirau, Esther
Land retention to advance matters of importance to the tribe is the focus for this research. In particular, this thesis will investigate the effectiveness of Maori land incorporations as mechanisms to achieve tribal development aspirations. In order to answer this question the history of the lands in the Morikaunui and Atihau-Whanganui Maori Incorporations are used as case studies. Primarily, the reflection of tribal imperatives as the goal for land retention and utilisation is examined in two stages. The first stage investigates the pioneering years of the 20 th century during the time that the lands were held under the paternalistic control of the Aotea Maori Land Board (AMLB). The second stage analyses the ability of the Incorporations to reflect tribal imperatives since their establishment. During the first stage it will be demonstrated that the primary focus for Whanganui tribal groups was the protection of their estate. The use of legislative measures to achieve this succeeded to some extent but removed the ability of the Whanganui tribe to exercise any control over the management and administration of leasehold land and the Morikau Farm. Campaigns to return the lands to their management were successful upon the establishment of the Morikaunui Incorporation in 1955 and the Atihau-Whanganui Incorporation in 1969. The second stage begins by highlighting how the resources of the Morikaunui Incorporation were utilised by the Whanganui leadership to contribute to tribal development initiatives and the protection of tribal land interests. It is proposed that the Incorporations were set-up to reflect the tribal conscience of Whanganui iwi, hapū and whānau groups by supporting tribal imperatives. Furthermore, arguments are introduced to demonstrate that in contemporary times this has been less evident in the practices of the Incorporations. In reality, commercial and individual goals have prevailed. While the Atihau-Whanganui Incorporation has inherited an expensive legacy of paying compensation upon the resumption of leasehold lands, the thesis contends that tribal imperatives should form the basis for the future direction of the Morikaunui and Atihau-Whanganui Incorporations.

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