Moana Sinclair LLM (Hons) / Indigenous Film Maker

The Maori experience with a British Treaty has been at worst a broken promise, and at the more enlighted end of the Treaty of Waitangi 1840 spectrum, and only after some long and brittle, 162 years later, an expression of hope, pregnant with potential.

In this paper I will analyse how the New Zealand government is now in a process of trying to correct its historical wrongs done to Maori of New Zealand.

I will briefly cover the history and the political context of the the Treaty of Waitangi in its early days. I will then analyse the phenomenon of the early 1970’s and the emergence of the Treaty of Waitangi into domestic law.

I will follow this theme through to contemporary times and give some current Treaty litigation which is developing Treaty jurisprudence in Aotearoa New Zealand. By doing this I will demonstrate how Treaty jurisprudence offers remedies toward not just reconciliation but a basis on which to build a healthy relationship between Indigenous Peoples and their governments.

It will then be important in terms of the conference theme to discuss the limitations of these structures in the New Zealand context but to look at the potential of these structures that has yet to be tapped in not only the New Zealand context but in the interests of advancing reconciliation for indigenous peoples globally but in particular, Australia.

Finally I will examine how international law attempts to advance indigenous peoples rights in finding mechanisms that would advance not only reconciliation but work towards developing more durable and ongoing relationships with governments and  indigenous peoples.

Moana Durie-Sinclair Bio

Moana is an Indigenous Maori women lawyer and Film maker from Aotearoa - New Zealand. I hold an LLM (Hons) specializing in International Law and Indigenous Peoples, my thesis case studies Maori and the Treaty Of Waitangi 1840, The Waitangi Tribunal and other related Treaty issues.

Moana is a descendant  from the tribes of Ngati Raukawa, Rangitane, Ngati Toa Rangatira, Maniapoto from both parents. I teach part-time at Te Wananga O Raukawa, our tribal university.

Moana holds an LLM (Hons) in International Law and Indigenous Peoples Rights and a background in film making both with Television New Zealand for and as an independent film maker. I have just produced a documentary on Indigenous Peoples Rights & Issues, filmed at the World Conference Against Racism in Durban, South Africa, September 2001.

Moana is  currently working as a Human Rights Officer with United Nations High Commission For Human Rights, a secondee from the New Zealand government. I am part of a small team working establish the Permanent Forum For Indigenous Peoples, as part of a United Nations General Assembly Resolution 2000/22, the first session for which, will be held in New York this year, from May 13 – 24 2002.