Chapter 2 Literature Review
The context of current disaster research is such that the purpose of the literature review is less a process of identifying gaps within the extant literature but rather the investigation of a very broad range of related literature alongside the constantly growing pool of research being generated as the recovery process occurs. Add the fact that the disaster context is highly complex and constantly evolving as a result of the combined human interventions and the ecosystems ability to assimilate, redistribute and modify contaminants. The result is that the disaster research itself will not wait until after the literature review is completed. Therefore, the literature review has continued throughout the past four years while the research has been undertaken.
The Indigenous Context within Disasters
Indigenous Peoples experience disasters differently to the general public. The geographic specificity of indigenous identity is significant as identity is tied to place and the rights of the indigenous peoples under the Treaty of Waitangi 1840 must be acknowledged due to the severity of these cultural impacts experienced.
This section of the literature review focuses on the indigenous peoples of New Zealand and their contexts within disasters. The indigenous context of the disaster although not widely understood is an important part of the overall disaster situation.
United Nations Declaration on the Rights of Indigenous People UNDRIP
The United Nations Declaration on the Rights of Indigenous People (UNDRIP) (UN General Assembly, 2007) is an international indigenous human rights document which was adopted by the United Nations (UN) general assembly in 2007. This declaration outlines and affirms the collective and individual rights of indigenous peoples internationally. This declaration provides a guideline for justice, reconciliation and reparation for indigenous peoples, by applying existing human rights standards to the unique circumstances of indigenous peoples. The UNDRIP is not a legally binding document, but reflects the rights found in human rights treaties (Indigenous Peoples of Ontario, 2009) and also reflects customary law (aspects of international law that have been derived from custom, accepted by the majority of the world’s governments), granting certain legal powers in states.
The UNDRIP provides a global standard for indigenous rights that identifies and promotes the rights that state governments have historically failed to uphold. This document can provide a starting point for state legislators and government departments to build upon in recognising and aiming for international human right standards, in conjunction with existing treaties and agreements between the Crown and indigenous peoples. This declaration reinforces treaties and agreements made between state (Crown) and indigenous groups, such as the Treaty of Waitangi in New Zealand. The identification of the importance of this Crown-Māori relationship and the associated rights within New Zealand can be seen through the endorsement of the UNDRIP given in New York, USA in 2010 by Dr. Pita Sharples on behalf of the New Zealand Government.
The UNDRIP contains 46 articles which recognise the need to respect and promote the rights of indigenous peoples internationally. Whilst all 46 articles to some degree are relevant within the Rena context, specific articles have direct relevance and must be considered. These articles reinforce the rights of iwi and hapū within the Rena context: to place (articles 13, 26), culture (articles 11, 12),traditional roles and relationships with the environment (articles 25, 29) and rights to decision making and governance (articles 18, 23, 32).
Treaty of Waitangi
The Treaty of Waitangi (Te Tiriti o Waitangi) is a treaty first signed on 6 February 1840, in Waitangi, New Zealand, between representatives of the British Crown and various Māori chiefs. The treaty recognised Māori ownership of their lands, properties and gave them the rights of British subjects. The treaty also established a British governor of New Zealand. There were two versions of the treaty created, one in English and one in Māori. The contents of both documents differed considerably, causing confusion and ambiguity as to what is actually being agreed upon. From the Crown’s point of view, the treaty gave the British sovereignty over New Zealand, including the right to govern the country under the Governor. From the Māori viewpoint, the treaty gave the Crown the right to governance in return for protection and rights of subjects under the crown, whilst still maintaining the authority to manage their tribal affairs. The significant difference in understanding between the Crown and Māori has led to a spate of injustices towards Māori since the signing of the treaty such as unfair land confiscation and marginalisation of Māori within the British system.
Treaties with indigenous peoples were not an uncommon prospect for the Crown during the expansion of the British Empire. Most of these treaties have fallen out of use and struggle to find relevance in today’s world. However, in New Zealand the Treaty of Waitangi continues to be a prominent and contentious topic between Crown- Māori relations. The Waitangi tribunal has been the foremost tool for settling grievances between the crown and Māori since its inception in 1975, with the Treaty of Waitangi Act 1975, and the further amendment in 1985 allowing for historical grievances through retrospective jurisdiction up to 1840 to be fully investigated in due course. The treaty claims process was instated to hear and investigate claims of breaches of the treaty of Waitangi by the crown. This process has given iwi and hapū an opportunity to address and undo some of the damage done to Māori during the colonisation process.
The implications for the government in terms of their obligations to tangata whenua under the Treaty of Waitangi within the Rena disaster are notable. Due to the location of the Rena disaster, proximity to Mōtītī (Te Patuwai, Ngai Te Hapū) and the cultural significance of the reef and surrounding seas, it is the Crown’s obligation under the treaty, to include the tangata whenua within the decision making process for the Rena recovery project.
Chapter 1 Introduction
1.0 Research Context – The 2011 MV Rena Disaster
1.1 The Impacts of the Rena Grounding
1.2 Research Aim and Research Questions
1.3 Thesis Structureure Review
Chapter 2 Literature Review
2.2 The Indigenous Context within Disasters
2.3 International Marine Oil Spills with Similar Characteristics to the M.V. Rena Disaster
2.4 Preliminary Options Proposed for Recovery
2.5 Initial Response to the Rena Disaster
2.6 New Zealand Oil Spill Response Strategy
Chapter 3 Methodology
3.0 Objectives for Recovery and Assessment of Mauri
3.1 Developing the Criteria for the Assessment of Mauri
3.2 Mātauranga Māori Based Monitoring Frameworks and Decision Support Tools
3.3 Frameworks and Tools for Consideration
3.4 Comparison of Tools
3.5 Results of Comparison – Identifying the Ideal Tool to Assess the Mauri of Otāiti3.6 Working with Iwi and Ethics Approval
3.7 Assessments of Mauri Required for Analysis
Chapter 4 Preliminary Findings and the Development of the Mauri Assessment
4.1 The Mauri Model
4.2 Research Methodology
4.3 Pre Rena State of Mauri Determination
4.5 Results from Te Arawa ki Tai Workshop
4.6 Summary / Conclusions
Chapter 5 Refining the intervention design: Working with Te Arawa ki Tai
5.1 Operational Research – Boundary Critique and the Mauri Model
5.2 Māori Community Research
5.3 The Mauri Model Decision Making Framework
5.4 Working with Te Arawa ki Tai
5.7 Framework Applications and Recognition
Chapter 6 Identifying the Indicator Sets to Assess the Mauri of Otāiti
6.2 Results – Performance Indicator Selection
Chapter 7 Ensuring Objectivity by Applying the Mauri Model to Assess the Post-Disaster Affected Environments of the 2011 MV Rena Disaster in the Bay of Plenty, New Zealand
Chapter 8 Analysis of Stakeholders present in Rena context
8.2 The Mauri Model Decision Making Framework (Morgan, 2006)
8.3 Stakeholder Worldview Assessment
8.4 Sensitivity Analysis
Chapter 9 The Future Management of Otāiti
9.1 Rena Resource Consent and Consent Conditions
9.2 Collaborative Management (Co-management) and Collaborative Governance (co-governance)
9.3 Adaptive Co-management
9.4 Indigenous Co-management
9.5 Co-management in New Zealand
9.6 Co-management of Otāiti
9.7 The Aashukan Declaration
9.8 Realities of Co-management of Otāiti
9.9The Mauri Model: Facilitating Co-management and Monitoring
Chapter 10 Conclusions
10.1 Addressing the Aims and Research Questions
10.2 Future Work
10.3 Concluding Remarks
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An Integrated Assessment of New Zealand’s Worst Environmental Maritime Disaster: The 2011 Grounding of the MV Rena on Otāiti (Astrolabe Reef), Bay of Plenty