These changes give hope for a multicultural Treaty-based future where there is a shift from decision-making that relies on majoritarianism alone. NWŌ wants to work with you to imagine, discuss, think and act in alignment with place-based, collective values that underpin a peaceful, markedly different, economics and associated relational politics.
THE FOCUS ON THE ACTUAL CONTENT OF TE TIRITI O WAITANGI
In April 2018, Network Waitangi Ōtautahi published an updated poster which includes a new expression in English of the text of the Treaty in te reo Māori. Our description of this being an ‘expression’ in English rather than a ‘translation’ is deliberate and important. Most te reo Māori words cannot be simply translated into an English word or two; often there is just no English equivalent. When a single te reo Māori word is swapped for a single English word (if one exists), the depth and cultural significance of the Māori word are missed and inappropriate ones brought in. The poster also illuminates the differences between the text in te reo Māori and the English version and references the November 2014 conclusion of the Waitangi Tribunal from the Ngāpuhi Claim (WAI 1040) part one. NWŌ continually advocates for not substituting the text in te reo Māori with any set of “principles”.
THE PRIMACY OF THE TEXT IN TE REO MĀORI
NWŌ is clear that the text of the Treaty in te reo Māori takes precedence – for the reasons set out in the NWŌ Treaty poster referred to above. In addition we note:
Te Ture mō te reo Māori The Māori Language Act 2016, section 12, Interpretation of Act:
2) The Māori and English versions of this Act are of equal authority, but in the event of a conflict in meaning between the 2 versions, the Māori version prevails.
To our knowledge, this is a first – and a precedent.
THE CURRENT GOVERNMENT’S COMMITMENT TO TE TIRITI O WAITANGI
In her 2017 Speech from the Throne, the Prime Minister clearly outlined the Government’s commitment to the Treaty:
It is time to start considering what the Treaty relationship might look like after historical grievances are settled and to consider how we, as a nation, can move forward in ways that honour the original Treaty promise. A promise of a nation in which Maori values – diverse as they are – stand in their rightful place alongside those of European New Zealanders and other more recent arrivals. A nation in which manaakitanga and kaitiakitanga and whanaungatanga inform our decision-making. A nation in which fairness and equality of opportunity are not just aspirations but facts. And a nation in which all communities are empowered.
In the 2020 Speech from the Throne this commitment was repeated as “working in the best interests of New Zealand and New Zealanders, working to honour Te Tiriti o Waitangi…”
WELLBEING BUDGET
The Coalition Government presented the country’s first Wellbeing Budget in May 2019. When the Minister of Finance announced it he explained:
The economy is not an end to itself, it is the means to the end of allowing our people to live good and fulfilling lives… We have long held the view that GDP is an inadequate measure not only of the quality of our economic growth, but the value of the other things that affect how we live our lives…
The 2020 Speech from the Throne noted that Wellbeing would continue to be a priority for Government; this term focusing on reducing child poverty, tackling climate change, addressing housing and being guided by its values in looking beyond GDP to find our measures of success.
NWŌ supports Third Sector Organisations’ focus on the importance of measuring what we treasure rather than just treasuring what we measure, as well as upholding all four wellbeings (environmental, social, economic and cultural) reintroduced into the primary purpose of the Local Government Act.
MĀORI CROWN RELATIONS
When Te Arawhiti: Office for Māori Crown Relations was established the Minister for Māori Crown Relations said,
This will help facilitate the next step in the Treaty relationship – moving beyond the settlement of Treaty grievances into what it means to work together in partnerships. The name reflects feedback from the hui held in the lead up to the establishment of the Office that Māori should appear first in the relationship. Te Arawhiti, refers to the transition phase we are in, that is ‘
the bridge’between Māori and the Crown.
In the 2020 Speech from the Throne the government stated it would strengthen the Māori-Crown relationship to ensure that the Crown could grow to be a better Treaty partner and work in true partnership with Māori.
The importance the government places on relational approaches was set out in the Prime Minister’s 2017 speech from the Throne:
Now we as a government, we know what we have to do, we know all of the failings that we have as a nation, but we won’t always know exactly how to change it. For that we will come to you, we will ask you to help us, we will form partnerships together because we cannot do it alone.
NWŌ is following developments from HE PUAPUA the recently released report on the country’s progress towards the aims put forward in the UN Declaration on the Rights of Indigenous People. This report builds on the Iwi Leaders Constitutional Transformation Report MATIKE MAI and has been described as a road map towards tino rangatiratanga for Māori.
FOCUS ON HE WAKAPUTANGA 1835 DECLARATION OF INDEPENDENCE
The Minister of Justice at Waitangi on 6 February 2020 stated:
There is another agreement [than the Treaty] we cannot ignore. It is very important to Maori of the north. It is He Wakaputanga. Neither He Wakaputanga nor Te Tiriti stand on their own. We have talked much about Te Tiriti. We must talk about He Wakaputanga. There are many thoughts about it. But we must talk about it. We must understand.
2019 CABINET OFFICE DIRECTIONS ON TE TIRITI O WAITANGI / THE TREATY OF WAITANGI IN POLICY DEVELOPMENT
The Cabinet office Circular of October 2019 sets out guidance for government policy-makers and included recognition of the importance of a holistic approach:
The Treaty must be considered ‘
on the whole’. No article of the Treaty stands apart from the others. Consideration of how the Treaty applies in any situation will require consideration of all the articles and the relationship each has to the other.
The Cabinet Manual now states that the ‘Treaty of Waitangi is to be regarded as a founding document of government in New Zealand’ and that this ‘may indicate limits on majority decision-making.’
THE EDUCATION AND TRAINING ACT, 2019
The Act directly references
honouring Te Tiriti o Waitangi.
The purpose of the Act includes
establishing and regulating an education system that honours Te Tiriti o Waitangi and supports Māori-Crown relationships
Section 9 Te Tiriti o Waitangi lists the
main provisions of this Act that recognise and respect the Crown’s responsibility to give effect to Te Tiriti o Waitangi.
These commitments and the government decision that NZ history is to be taught in all schools by 2022 is reflected in the NZ Teaching Council noting that inclusion of local histories has significant relevance in affirming Māori learners as tangata whenua and reflects a commitment to both Te Tiriti o Waitangi and to addressing injustices caused by colonisation.
In addition, in a recent AKO seminar Professor Margaret Mutu emphasised the need to embed understanding of Te Tiriti o Waitangi if we are to address racism.
PUBLIC SERVICE ACT 2020
The PURPOSE states that Public Service
…supports the Government to pursue the long term public interest…
It also refers to MĀORI CROWN RELATIONSHIPS
…under the Treaty of Waitangi / Te Tiriti o Waitangi
NWŌ knows of no other statutory imperative of the Public Service to
support the long term public interest in the context of the imperative of supporting the Crown in its relationships with Māori under the Treaty of Waitangi / Te Tiriti o Waitangi.
HOPE FOR THE FUTURE
A Treaty-based future that is being called for means developing understanding around contemporary identity for those who are not Tangata Whenua but who identify with a Treaty-based future in this land – NWŌ refers to them as Tangata Tiriti. The challenge is not to focus just on ethnicity but on taking responsibility for a shift from decision-making that relies on majoritarianism alone to relational politics where we are in right relationship with Tangata Whenua – and with each other and with nature.
NWŌ recognises that this work is place-based and values-based. It requires learning to be an ally of Tangata Whenua and understanding roles in setting the agenda so that all of us living in this country can participate in a multicultural Treaty-based future where the indigenous status of Tangata Whenua is understood. NWŌ sees this as pivotal for a socially inclusive, peaceful future and for building an honourable Kāwanatanga.
NWŌ wants to work with you to imagine, discuss, think and act in alignment with place-based, collective values that underpin a new, markedly different, economics and associated relational politics.
This resource was produced by Network Waitangi Otautahi (NWO) www.nwo.org.nz
NWO welcomes feedback on all resources. Please send to organisers@nwo.org.nz
May 2024