Abstract

This article considers the process of determining native title claims and responding to the revelation of forced Indigenous child removal in Australia, together with the Treaty of Waitangi claims process in New Zealand; each of which can be understood more broadly as a response to the aftermath and ongoing consequences of colonisation. We undertake this analysis comparatively, through an examination of the broad sweep of colonial history in both countries, followed by a more detailed consideration of the processes in question, as they have become manifest over the last decade or so in Australia and almost 30 years in New Zealand. We compare and contrast the institutions, epistemological and political preoccupations and language in each case, revealing various latent ironies and incongruities in the systems on both sides of the Tasman Sea.

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