Justice as Reconciliation and Restoring Mana in New Zealand’s Treaty of Waitangi Settlement Process

Abstract

The historical injustices suffered by Maori, the indigenous people of New Zealand, arose as a result of interactions between two different cultures each having different conceptions of justice. This article examines how the interaction of cultures shapes and constrains the kind of justice achievable when attempting to resolve Maori historical grievances in the Treaty of Waitangi settlement process. It argues that justice in the Treaty settlement process is only that notion of justice shared by Maori and the New Zealand Crown, and demonstrates that this conception of justice is sourced in, and framed by, the Treaty of Waitangi. The article then considers restraints resulting from this shared notion of justice. It explores the advantages and disadvantages of a rights-based approach to justice, questioning whether the outcomes of the Treaty settlement process can be called 'justice’ at all. Finally, the article argues for a new vision of justice — justice as reconciliation or restoring mana — as a means to maximise justice in the Treaty settlement process.

• Maori
• Treaty of Waitangi
• historical injustices
• reparative justice
• indigenous people.