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RESPONSIBILITY FOR A TE TIRITI O WAITANGI BASED SOCIETY. What does this mean in practice. Te Tiriti o Waitangi. Is NOT about the relationship between social workers and their clients IS about the relationship between Maori and the Crown
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RESPONSIBILITY FOR A TE TIRITI O WAITANGI BASED SOCIETY What does this mean in practice
Te Tiriti o Waitangi . . . • Is NOT about the relationship between social workers and their clients • IS about the relationship between Maori and the Crown • And by extension, the relationship between Maori and pakeha, Maori and tau iwi, tangata tiriti
Te Tiriti o Waitangi Maori text English text • Maori yielded kawanatanga(government)to the Queen • The Queen guaranteed to Maori tino rangatiratanga (unqualified chieftainship) over lands, taonga • Queen gave Maori protection and all the rights of British subjects • Maori yielded all the rights and powers of sovereigntyover their land to the Queen • The Queen guaranteed to Maori exclusive and undisturbed possession of their lands etc • Queen gave Maori protection and all the rights of British subjects
Subsequent history . . . • Treaty largely ignored by settler governments • 1860s Land Wars, confiscation of Maori lands • 1875 Chief Justice James Prendergast denied the Treaty had any legal standing, declared it a “simple nullity” • For first half of 20th century Maori from time to time sought redress for grievances based on the Treaty, minimal success • From 1970s “Maori Renaissance”, protest movements made demands for honouring the Treaty
The Crown Response . . . • 1975 Treaty of Waitangi Act An Act to provide for the observance, and confirmation, of the principles of the Treaty of Waitangi by establishing a Tribunal to make recommendations on claims relating to the practical application of the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty • First use of the phrase the principles of the Treaty of Waitangi which has subsequently appeared in other legislation, however did not define these • Established the Waitangi Tribunal to address grievances
The principles of the Treaty of Waitangi • Phrase starts to appear in legislation • Problematic, not defined • The text of the Treaty does not have principles it has articles • Various definitions of the Principles developed by Courts, the Waitangi Tribunal and Government • Overall aim to engage the spirit or overall intent of the Treaty rather than get bogged down in trying to reconcile the differences between the Maori and English versions • No definitive set, still ongoing development
Royal Commission on Social Policy, 1988 • Partnership • Protection • Participation • However these have no legal status
Court of Appeal, NZ Maori Council v Attorney General, 1987 • The acquisition of sovereignty in exchange for the protection of rangatiratanga • The Treaty established a partnership, and imposes on the partners the duty to act reasonably and in good faith • The freedom of the Crown to govern • The Crown’s duty of active protection • Crown duty to remedy past breaches • Maori to retain rangatiratanga over their resources and taonga and to have all the rights and privileges of citizenship • Duty to consult
Fourth Labour Government, 1989 • the government has the right to govern and make laws • Iwi have the right to organise as iwi, and, under the law, to control their resources as their own • all New Zealanders are equal before the law • both the government and iwi are obliged to accord each other reasonable cooperation on major issues of common concern • the government is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation can occur
So how does this apply in practice • If a statutory agency, how well is the agency fulfilling the Crown’s obligations? • Does the agency have a Treaty of Waitangi policy? What does it say? • Are there Maori staff? Is their contribution to agency direction sought and encouraged? • Are tikanga Maori appropriately followed? • Are there specific Maori models of practice developed and implemented? • Are different Maori perspectives recognised?
If the agency does not generally serve Maori, are there appropriate partnership relationships and processes with Maori agencies to enable appropriate referral of Maori clients? • For ethnic/migrant agencies, has the agency developed a relationship with iwi and/or Maori agencies • Tangata whenua welcome to new migrants • Education, orientation • Cultural exchanges