The land claims presented before the Waitangi Tribunal, first established in 1975 as a permanent commision of inquiry to address claims by the Maori people, are discussed in this analysis of the role of legal courts and commissions in mediating disputes with indigenous peoples.

Forums such as commissions, courtroom trials, and tribunals that have been established through the second half of the twentieth century to address aboriginal land claims have consequently created a particular way of presenting aboriginal, colonial, and national histories. The history that emerges from these land-claims processes is often criticized for being “presentist” – inaccurately interpreting historical actions and actors through the lens of present-day values, practices, and concerns. In Aboriginal Rights Claims and the Making and Remaking of History, Arthur Ray examines how claims-oriented research is often fitted to the existing frames of indigenous rights law and claims legislation and, as a result, has influenced the development of these laws and legislation. Through a comparative study encompassing the United States, Canada, South Africa, Australia and New Zealand, Ray also explores the ways in which various procedures and settings for claims adjudication have influenced and changed the use of historical evidence, made space for indigenous voices, stimulated scholarly debates about the cultural and historical experiences of indigenous peoples at the time of initial European contact and afterward, and have provoked reactions from politicians and scholars. While giving serious consideration to the flaws and strengths of presentist histories, Aboriginal Rights Claims and the Making and Remaking of History provides communities with essential information on how history is used and how methods are adapted and changed.

An Unsettled History squarely confronts the issues arising from the Treaty of Waitangi in New Zealand today. Alan Ward writes lucidly about the Treaty claims process, about settlements made, and those to come. New Zealand’s short history unquestionably reveals a treaty made and then repeatedly breached. This is a compelling case – for fair and reasonable settlement, and for the rigorous continuation of the Treaty claims process through the Waitangi Tribunal. The impact of the past upon the present has rarely been analysed so clearly, or to such immediate purpose.

This book builds on Claudia Orange’s award-winning Treaty of Waitangi, using a wonderful range of photographs, maps and paintings to bring the Treaty’s history to life. Depictions of key players and moments sit alongside a clear and informative text that helps explain the history of this key document. Two peoples meeting, agreements made and broken, claims and protests: all are a part of the story of the Treaty from before its signing to the present day. Never before have the Treaty’s varied stories been made so accessible the general reader.

An account focusing on the encounters between the Maori and Pakeha—or European settlers—and the process of mutual discovery from 1642 to around 1840, this New Zealand history book argues that both groups inhabited a middle ground in which neither could dictate the political, economic, or cultural rules of engagement. By looking at economic, religious, political, and sexual encounters, it offers a strikingly different picture to traditional accounts of imperial Pakeha power over a static, resistant Maori society. With fresh insights, this book examines why mostly beneficial interactions between these two cultures began to merge and the reasons for their subsequent demise after 1840.

The Waitangi Tribunal sits at the heart of the Treaty settlement process, with a unique remit to investigate claims and recommend settlements. But although the claims process has been hugely controversial, little has been written about the Tribunal itself. These essays, by leading academics, lawyers and researchers, successfully fill that gap, examining the Tribunal’s role in reshaping Māori identity and society, the Tribunal’s future mission, and its contribution to ideas of justice and reparation. This perceptive analysis of a key institution is vital reading for anyone seeking to understand Treaty settlements. Contributors: Paul Hamer Geoff Melvin Grant Phillipson Richard Boast Tom Bennion Stephanie Milroy Jacinta Ruru Deborah Edmunds John Dawson Richard Price Debra Fletcher Evan Te Ahu Poata-Smith Donna Hall Andrew Sharp