Moana Jackson

Ngāti Kahungunu, Ngāti Porou

1948 -



Moana Jackson was educated at Mayfair Primary, Hastings Intermediate and Hastings Boys’ High School. In 1964 he was awarded a Ngarimu and 28th Māori Battalion University Scholarship to attend Victoria University where he graduated with a Law degree. Jackson worked as a teacher at Wainuiomata College and returned to law in 1983. He attended Arizona State University where he worked with the Navaho Legal Service until 1984. On his return to New Zealand, he worked for the Departure of Justice and is now the principal of Nga Kai whakamarama i nga Ture (Wellington Māori Legal Service Inc). He specialises in issues of indigenous rights and edits the Māori law bulletin Te Whakamarama. Moana Jackson is also the author of many publications, including the Department of Justice’s report The Māori and the Criminal Justice System: A New Perspective, He Whaipaanga Hou written with Phyllis Tangitu. He also wrote Rangihaeata Birth of a New Dawn: A Career Development Package for Māori Women in the Health Service, 1990.

Biographical sources

  • Te Ao Mārama: Regaining Aotearoa: Māori Writers Speak Out. Comp. and ed. Witi Ihimaera. Contributing ed. Haare Williams, Irihapeti Ramsden and D. S. Long. Vol. 2: He Whakaatanga O Te Ao: The Reality. Auckland, N.Z.: Reed, 1993. 70.
  • Te Ao Hou 47 (1964):18.
  • Mana Tiriti: The Art of Protest and Partnership. Wellington, N.Z.: Haeata Māori Women’s Art Collective, Project Waitangi, Wellington City Art Gallery, Daphne Brasell Associates Press, 1991. 14.

    Films/Video

  • The Māori and the Criminal Justice System [video recording]
  • A video recording of an address by Moana Jackson at the School of Law, 12 July 1989
  • Non-fiction

  • The Māori and the Criminal Justice System: A New Perspective, He Whaipaanga Hou. Wellington, N.Z.: Policy and Research Division, Department of Justice, Government Publishing, 1987.
  • Based on hui and interviews with nearly 6000 Māori.
  • Corporatisation, Privatisation and the Treaty: The Ultimate Rejection of Māori Rights. 1989. No further details.
  • "A Māori Criminal Justice System." Race Gender Class 9/10 (1989): 30-41.
  • This is a comprehensive essay on the assumptions and issues involved in the evolution of a criminal justice system. Jackson divides his paper into three areas of discussion: "[t]he cultural and ideological bases of Pakeha Criminal Law", "[t]he use of that law as an instrument, not so much to protect the Māori, but to oppress and control them", and "[t]he cultural, constitutional and structural definitions of a Māori Criminal Justice System."
  • "A Māori Criminal Justice System." Te Iwi o Aotearoa 23 (1989): 5.
  • "- and Never the Twain Shall Meet." New Zealand Herald 5 Aug. 1989: 2.
  • Co-authored with Ray Stapleton.
  • A Summary Produced by Project Waitangi of Moana Jackson’s Report, The Māori and the Criminal Justice System: He Whaipaanga Hou / A New Perspective. Wellington, N.Z.[NZ]: Project Waitangi, [1989]
  • "An Understanding from which Justice Comes." PPTA Journal 1 (1990): 4-5.
  • "Criminality and the Exclusion of Māori." Law Review 20.2 (1990): 23-34.
  • "Māori Access to Justice." Race Gender Class 11/12 (1991): 36-41.
  • In his propounding the need to "re-establish a Māori justice system", Jackson states that Māori see that the present system is failing Māori because it is racist. Jackson cites three examples of racist treatment in the courts. He then explores the cultural base upon which the pakeha judicial system is built. When Māori seek a parallel Māori justice system, Jackson argues that they are reasserting their rights "as indigenous people" and that they are claiming their rights through the Treaty of Waitangi. Jackson concludes this paper by examining the Māori understanding and perception of the Treaty. He points to Pakeha definitions of Māori identity and Pakeha redefinitions of the Treaty.
  • Report of the Courts Consultative Committee on He Waipaanga Hou. Wellington, N.Z.: The Committee, [1991]
  • "Māori Law, Pakeha Law and The Treaty of Waitangi." Mana Tiriti: The Art of Protest and Partnership. Wellington, N.Z.: Haeata Māori Women’s Art Collective, Project Waitangi, Wellington City Art Gallery, and Daphne Brasell Associates, 1991. 14-21.
  • In this comprehensive paper, Jackson examines the various definitions and stories surrounding the Treaty of Waitangi. He notes that while the predominant controllers "of the definition process" have been the Crown, a real understanding of the Treaty requires a knowledge of the iwi story as well. Drawing from his own childhood experiences, Jackson describes the "two definitions of history" he was raised with: one came from his Māori whanau and the other from the education system. Jackson discusses the Māori system of law and treaty-making within the iwi and between the iwi prior to the Treaty of Waitangi and he examines the Crown’s history of treaty-making and notes that "their rules were very similar." Jackson notes that one aspect of international law, the contra proferentum rule, has been rejected in practice and in statute in New Zealand. It states "that if there appears to be conflict between different language texts of a treaty, then it must be interpreted in a manner which is least favourable to the drafting nation. If there is an apparent conflict between the texts, the native language text must take precedence."
  • "Land Loss and the Treaty of Waitangi." Te Ao Mārama: Regaining Aotearoa: Māori Writers Speak Out. Comp. and ed. Witi Ihimaera. Contributing ed. Haare Williams, Irihapeti Ramsden and D. S. Long. Vol. 2: He Whakaatanga O Te Ao: The Reality. Auckland, N.Z.: Reed, 1993. 70-78.
  • This paper was presented at the 1991 Kai Tika Conference in Wellington. Jackson outlines the processes that contributed to the dispossession of Māori land. He begins by discussing the Māori relationship with the land, the Māori concept of Rangātiratanga and mana, and the policies of the pakeha settlers and government to divest Māori of their land.
  • "The Māori Sovereignty Debate – An exercise in Decolonisation." The Press 8 May 1995: 11.
  • Other

  • "Justice for Māori: More than One Option." Race Gender Class 14 (1992): 44-50.
  • In this comprehensive interview Jackson outlines the various functions of the Māori Legal Service, discusses the regaining of tino rangātiratanga and examines Māori issues in light of international indigenous moves for self-determination. Jackson also describes his work on a United Nations working group; one of the group’s objectives is the drafting of a United Nations declaration on the rights of indigenous peoples.
  • Reviews

  • "Reflecting Māori Perceptions." Dominion 3 Feb. 1990: 7.
  • "Books: Monopoly Rules." Rev. of Healing the Breach, by Hiwi Tauroa. Listener 5 Feb. 1990:107.
  • "Books." PPTA Journal 1 (1990): 38.
  • "Asserting the Crown’s Supremacy." Dominion Sunday Times 15 Jul. 1990: 23.
  • "Putting Words into Māori Mouths." Dominion 3 Nov. 1990: 9.
  • "Weaving a Novel around History." Dominion 22 Dec. 1990: 9.
  • "Treaty Avalanche Buries the Debate in Old Arguments." Dominion 9 Feb. 1991: 7.

    Other

  • Crosbie, Sharon. "The Price Of Justice." Dominion Sunday Times 6 Aug 1989: 12.
  • "Cultural Victim Blaming not the Answer." Tu Tangata 30 (1986): 61.
  • A short article focussing on a survey on Māori offending conducted by Moana Jackson for Geoffrey Palmer, Minister of Justice in 1986.
  • Gregg, Stacy. "Stalking Success." More 95 (1991): 14.
  • "Moana: Part One." Te Iwi o Aotearoa 30 (1990): 1,3,18.
  • "Moana: Part Two." Te Iwi o Aotearoa 31 (1990): 13,23.
  • Polly, Don. "Moana Jackson Speaks Out." Te Māori News Nov. 1992: 13.
  • Scott, Sue. "Finds Strength in Māori Community." Evening Post 30 Dec. 1989: 2.
  • Reviews

    The Māori and the Criminal Justice System
  • Knowles, Michael. Te Karanga: Canterbury Māori Studies Association 3.2 (1987): 36.