Kelly Mitchell explores how responding to "one-system" approaches is reactive work that is a burden and distraction from a future focus and proactive stance on gains for Māori rights.

The current coalition government's policies have significantly impacted Māori communities and the Māori legal community. From the disestablishment of the Māori Health Authority to the review of the Māori and Pacific Admission Scheme (MAPAS), to the repeal of the Smokefree Environments and Regulated Products Amendment Act, these actions reflect a shift away from proactive measures addressing systemic inequities. Instead, there is a movement towards a "one-system" approach, raising concerns among Māori leaders and scholars. These policy changes are part of a broader pattern of decisions that diminish Māori rights and recognition, such as the proposed Treaty Principles Bill and the political rejection of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

This article explores how these changes have increased the reactive legal work required of the Māori legal community, as they focus on protecting existing rights rather than advancing new gains. This defensive stance, coupled with the emotional and cultural burdens it entails, poses significant risks to the health and wellbeing of Māori legal professionals. There is a pressing need for collective response and support, encouraging participation from non-Māori allies to share the workload and support efforts toward maintaining progress.

Background: Māori legal activism

The Māori protest movement was instrumental in advocating for legislative changes in New Zealand. Initially focused on land loss and economic disadvantages, the movement expanded to include addressing racism, and the promotion and preservation of the Māori language and culture. These efforts were underscored by recognition of Te Tiriti o Waitangi, pushing for the return of unjustly taken land and the recognition of the Māori language as an official language. This led to significant achievements like the establishment of the Waitangi Tribunal in 1975 and the recognition of Māori as an official language in 1987. The occupation of Bastion Point also highlighted grievances regarding land and iwi sovereignty.

The modern Māori legal community has strong ties to this period of activism. Annette Sykes' interview with Dale Husband outlines her experience and offers a clear example of this synergy.^[1] As a student at Auckland University, she participated in the Māori women’s movement and was involved in the occupation of the university's registry to demand the establishment of a marae on campus. This action, undertaken by a small group, was pivotal in securing what is now the Waipapa marae, a significant cultural and educational resource for Māori students and the wider community. In her final year, she undertook an honours paper on Te Pire mō Te Reo Māori, which she believed became the basis of the final law. Additionally, Sykes describes being part of a group that co-ordinated significant protests such as the Hīkoi ki Waitangi in 1984, a major march advocating for Māori rights and sovereignty under Te Tiriti o Waitangi. 

At the conclusion of Sykes’ interview with Husband, she commends the current numbers of Māori lawyers, as over her tenure the National Māori Lawyers Conference has increased in attendance from thirty to over three hundred and fifty. 

Current situation: reactive work

The current government's policies have led to an increased workload for Māori legal professionals, who now find themselves engaged in reactive work to defend existing rights. Rather than focusing on progressive reforms or proactive community engagement, the emphasis has shifted to protecting rights that are under threat. This reactive approach requires substantial time and resources, often in the face of a government that is less willing to acknowledge or prioritise Māori concerns. This shift has not only increased the volume of work but also heightened the emotional and cultural burden on the Māori legal community, who often bear the burden of representing their communities during challenging times.

The intensified workload and the reactive nature of legal work will take a toll on the health and wellbeing of Māori legal professionals. The constant pressure to defend hard-won rights, combined with the emotional strain of confronting policies that threaten to undo years of progress, contribute to high levels of stress and burnout. Māori lawyers are seen as cultural guardians and advocates for their people, a role that carries significant responsibility and emotional weight. This can lead to feelings of isolation, as they often navigate these challenges in environments that may not fully understand or support their unique pressures. The cultural expectation to uphold and protect tikanga Māori adds another layer of pressure, making it crucial for these professionals to find balance and support to maintain their wellbeing.

Going forward: sharing the burden and a future focus

To address these challenges, there is a growing recognition of the need for collective support and shared workload within the Māori legal community. Collaboration and solidarity are essential, not only among Māori lawyers but also with non-Māori allies who are committed to upholding Māori rights. Encouraging non-Māori legal professionals to participate in advocating for Māori issues can help distribute the burden more evenly, and ensure that the fight for justice is a collective effort. This approach fosters a sense of unity and shared purpose, crucial for sustaining the long-term energy needed to continue this vital work. Creating networks of support within the Māori legal community can also help mitigate burnout and provide a platform for sharing strategies and resources.

Despite the reactive nature of the current legal environment, it is essential for the Māori legal community to maintain a focus on progress and long-term goals. This requires a deliberate effort to defend existing rights while continuing to advocate for new advancements in Māori legal protections and societal recognition. Practical strategies for sustaining this focus include setting clear achievable goals, prioritising care, and fostering a resilient mindset that views setbacks as opportunities for growth. Ongoing education and advocacy are vital, ensuring that the significance of these issues remains at the forefront of public consciousness. By maintaining a proactive stance and fostering a strong support network, the Māori legal community can overcome the challenges posed by the current political landscape and continue to advance Māori rights and justice.

Ngā kupu āpiti - Notes

[1] Dale Husband “Annette Sykes: Reaching for the stars and imagining what should be” (12 November 2021) E-Tangata <e-tangata.co.nz>.

Author: Kelly Mitchell

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