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Organisational Systems

Treaty of Waitangi. Organisational Systems. Overview. Historical Background Legislation Relevance to project management. What is a Treaty?. An agreement or contract between two or more people, groups or countries. The Treaty of Waitangi. Signed in February 1840 at Waitangi

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Organisational Systems

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  1. Treaty of Waitangi Organisational Systems

  2. Overview • Historical Background • Legislation • Relevance to project management

  3. What is a Treaty? • An agreement or contract between two or more people, groups or countries.

  4. The Treaty of Waitangi • Signed in February 1840 at Waitangi • Purpose was to establish an agreement between the indigenous Maori people and the British Crown • Resulted in a new Crown Colony under the protection of Queen Victoria.

  5. Pre- 1840 • Maori population estimated at 115,000 • 2000 European settlers • Large transient population of whalers and traders • Increasingly affected by outside world • Independent tribes and small European settlements

  6. Why the British? • Desire to meet mutual interests • Maori recognised a strong British empire • No formal laws • Protection from France

  7. Relationships begin… • 1831 Maori Chiefs petition British government • 1833 James Busby appointed as British Resident in NZ • 1835 Declaration of Independence (to stop French annexation) • 1835-40 Concern over Maori welfare grew • 1837 British to establish colony • 1838-39 Landsharking peaks • 1839 William Hobson appointed as Consul • 1840 Prohibition on land purchases • 1840 Treaty of Waitangi signed

  8. The Treaty • Prepared in English (February) • Translated into Maori (the night before) • Eventually signed by over 500 Chiefs • Contents (Preamble, 3 Articles) • Governance / Sovereignty • Land and possessions • Protection • Freedom of Religion (only in Maori version)

  9. The Problem • Two versions: Maori & English • Key words: • TinoRangatiratanga: “no greater authority” • Kawanatanga: “governance” • Crown understood they were getting “Sovereignty” • Maori understood they were giving “Governance” • Contra Preferentum applies • With ambiguous terms, meaning goes against the writer • Indigenous language takes priority

  10. Relevance Today • The Treaty has never been incorporated in NZ law as a statute… • However, many Acts of Parliament state that they are to give effect to the principles of the Treaty of Waitangi to some extent

  11. Examples of Legislation • 1986 Environment Act • 1986 State-Owned Enterprises Act • 1991 Resource Management Act • 1991 Crown Minerals Act • 1991 Foreshore and Seabed Endowment Revesting Act • 1991 Harbour Boards Dry Land Endowment Revesting Act • 1992 Crown Research Institutes Act • 1993Treaty of Waitangi (Fisheries Claims) Settlement Act • 2000 New Zealand Public Health & Disability Act

  12. Relevance to Organisational Systems • Organisations (and the systems that support them) exist in a business environment • The business environment is controlled by legislation • Reference to the Treaty and its principles has been incorporated in to many recent pieces of legislation

  13. Key points to remember • When was it signed? • Where was it signed? • What can be seen as a major cause of the issues that surround the treaty?

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