Dr Fleur Te Aho

LLB(Hons First Class)/BA (Canterbury); LLM Distinction (Victoria); PhD (Australian National University)

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Senior Lecturer

Biography

Fleur (Ngāti Mutunga) researches and teaches in Indigenous peoples and the law and criminal law. Fleur has an especial interest in understanding how international law norms regarding Indigenous peoples influence domestic law, Indigenous peoples’ rights, and Māori and criminal justice.

Fleur is on the Editorial Board of the new journal Legalities: The Australian and New Zealand Journal of Law and Society and is a member of the Royal Commission Forum (https://www.royalcommissionforum.org/). She was formerly a co-director of the Aotearoa New Zealand Centre for Indigenous Peoples and the Law, co-editor of Te Tai Haruru Journal of Māori and Indigenous Issues and the Tumuaki (Associate Dean Māori) in the Faculty of Law.

Prior to joining the University of Auckland in 2017, Fleur held a research position in the Australian National University’s (ANU) National Centre for Indigenous Studies and taught in the ANU College of Law. Fleur also has experience practising as a solicitor in Aotearoa New Zealand and as legal counsel in the United Kingdom, including assisting iwi in the negotiation of historical Treaty of Waitangi settlements with the Crown.

Research | Current

Fleur’s current research focuses on Indigenous peoples and international law; Māori, Te Tiriti o Waitangi/the Treaty of Waitangi and the law; and criminal law.

Indigenous peoples and international law

Fleur is currently writing a book on the UN Human Rights Council’s special procedures and Indigenous peoples, which investigates how this international mechanism regulates state behaviour towards Indigenous peoples.

Fleur is also writing a book chapter on Indigenous peoples and international law for an edited collection by Anna Hood and An Hertogen on International Law in Aotearoa New Zealand to be published with Thomson Reuters and co-authoring, with Claire Charters and Tracey Whare, a book chapter on Indigenous peoples and international law for the Handbook of Indigenous Public Policy to be edited by Sarah Maddison and Sheryl Lightfoot and published by Springer.

In 2020, Fleur published a paper on ‘Treaty settlements, the UN Declaration and Rights Ritualism in Aotearoa New Zealand’ in a Special Report of the Centre for International Governance Innovation in Canada titled UNDRIP Implementation: Comparative Approaches, Indigenous Voices from CANZUS, which is available for download here: https://www.cigionline.org/publications/undrip-implementation-comparative-approaches-indigenous-voices-canzus.

For a decade Fleur authored (or co-authored) an annual review of Indigenous peoples’ rights under international law for the New Zealand Yearbook of International Law. Her last review piece, reviewing 2018, was published in April 2020.

Māori, Te Tiriti o Waitangi/the Treaty of Waitangi and the law

Fleur has also recently written a book chapter concerning the governance of Mātauranga Māori after Ko Aotearoa Tēnei for an edited collection by Robert Joseph and Richard Benton on Māori Corporate Governance to be published by Thomson Reuters.

For the last decade Fleur has written an annual overview of the situation of Māori in Aotearoa New Zealand for the Copenhagen-based NGO the International Work Group for Indigenous Affairs for their publication The Indigenous World. The 2020 edition is available for download here: http://iwgia.org/images/yearbook/2020/IWGIA_The_Indigenous_World_2020.pdf.

Criminal law

Fleur has recently co-authored, with colleagues Julia Tolmie and Katherine Doolin, two journal articles examining the criminalisation of parental omissions in relation to children.

The first article, ‘Criminalising Parenting Through the Omissions Provisions: An Expanding Creep?’ was published in 2019 in the New Zealand Law Review and details, as well as raises questions regarding, the creep towards greater criminalisation that appears to be occurring.

The second article ‘Criminalising Parental Failures to Act: Documenting Bias in the Criminal Justice System’ (which also had the assistance of S. Arnerich and N. Herewini) was published in 2019 in the New Zealand Women’s Law Journal and presents examples from the case law to illustrate how norms and assumptions around ethnicity, class and gender may operate in practice to disadvantage Māori women, who appear to be overrepresented in prosecutions for the criminal breach of a parental duty.

In 2019, Fleur, along with colleague Kate Doolin and Judges Ema Aitken and Lisa Tremewan, with the generous support of the Michael and Suzanne Borrin Foundation and Auckland Law School, hosted a large two day international conference on the Future Directions of the Adult Alcohol and Other Drug Treatment Courts in Auckland (http://aodtc-conference2019.org.nz/). In the lead up to that conference, Fleur co-authored with Kate an article in the New Zealand Law Journal raising core discussions points on the future of the courts.

Teaching | Current

Criminal Law

Indigenous Peoples and International Law

Postgraduate supervision

Indigenous peoples and international law

Māori, Te Tiriti o Waitangi and the law

Māori and criminal justice

Distinctions/Honours

In 2019, an article Fleur co-authored with Julia Tolmie and Katherine Doolin ‘Criminalising Parental Failures to Act: Documenting Bias in the Criminal Justice System’ won the Auckland District Law Society’s 2019 prize for best article published in the New Zealand Women’s Law Journal.

In 2015, Fleur was an invited regional expert at the United Nations Permanent Forum on Indigenous Issues’ International Expert Group meeting on the theme Dialogue on an optional protocol to the United Nations Declaration on the Rights of Indigenous Peoples, United Nations Headquarters, New York, USA. Fleur's paper for the meeting is available for download here: http://www.un.org/esa/socdev/unpfii/documents/EGM/2015/Experts-papers/Fleur-Adock.pdf.

Areas of expertise

  • Indigenous peoples and international law
  • Māori, Te Tiriti o Waitangi and the law
  • Māori and criminal justice

Committees/Professional groups/Services

Honorary Research Fellow at The Australian National University’s National Centre for Indigenous Studies

Selected publications and creative works (Research Outputs)

  • Te Aho, F. T. (2020). Treaty settlements, the UN Declaration and Rights Ritualism in Aotearoa New Zealand. UNDRIP Implementation: Comparative Approaches, Indigenous Voices from CANZUS (pp. 33-40). Waterloo, Canada: Centre for International Governance Innovation. Related URL.
  • Te Aho, F. T. (2019). The Land is Our History: Indigeneity, Law, and the Settler State By Miranda Johnson (Oxford University Press, New York, 2016) [Book Review]. Journal of New Zealand Studies, 28, 141-143. 10.26686/jnzs.v0iNS28.5430
  • Tolmie, J., Te Aho, F., & Doolin, K. (2019). Criminalising Parental Failures: Documenting Bias in the Criminal Justice System. New Zealand women's law journal, 3, 136-182.
    Other University of Auckland co-authors: Katherine Doolin
  • Tolmie, J., Te Aho, F., & Doolin, K. (2019). Criminalising parenting through the omissions provisions: An expanding creep. New Zealand Law Review (2), 143-184. Related URL.
    URL: http://hdl.handle.net/2292/48597
    Other University of Auckland co-authors: Julia Tolmie, Katherine Doolin
  • Doolin, K., & Te Aho, F. (2018). The Alcohol and Other Drug Treatment Courts - Te Whare Whakapiki Wairua - in Aotearoa. The New Zealand Law Journal, 2018 (11), 334-358.
    Other University of Auckland co-authors: Katherine Doolin
  • Te Aho, F. T. (2018). Indigenous Courts, Self-Determination and Criminal Justice by Valmaine Toki (Routledge, Abingdon and New York, 2018) [Book Review]. Māori Law Review (September). Related URL.
  • Te Aho, F. T., & Erueti, A. (2018). Using UN documents in domestic advocacy. In S. Katene, R. Taonui (Eds.) Conversations About Indigenous Rights: The UN Declaration on the Rights of Indigenous Peoples in Aotearoa New Zealand (pp. 105-127). Auckland, New Zealand: Massey University Press.
    Other University of Auckland co-authors: Andrew Erueti
  • Adcock, F. (2015). Los procedimientos especiales de la ONU y los pueblos indígenas: Un estudio de caso de Guatemala [The UN special procedures and indigenous peoples: A case study of Guatemala; Spanish translation by Carmen Paz ]. Revista Análisis de la Realidad Nacional, 4 (11), 137-157. Related URL.

Identifiers

Contact details

Primary office location

1-11 SHORT STREET - Bldg 810
Level 7, Room 725
1-11 SHORT ST
AUCKLAND CENTRAL
AUCKLAND 1010
New Zealand

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