New Zealand Prime Minister Christopher Luxon faced sustained heckling and had to fend off questions about a revived Treaty Principles Bill as he returned to Waitangi this year.

ACT leader David Seymour predictably attracted his own jeers, and NZ First’s Winston Peters focused on a return serve.

The opposition was not spared criticism either yesterday, with Labour accused of backstabbing, and Te Pāti Māori given a stern word to sort out their internal problems and finish the work it started at Parliament.

• READ MORE: Indigenous and Pacific leaders unite at Waitangi with shared messages on ocean conservation
• Big Ka Lāhui Hawaiʻi delegation joins Māori in solidarity over Te Tiriti
• Other Waitangi reports

But Luxon was clearly the one attracting the most ire.

Even before MPs walked onto the upper Treaty Grounds, a group of 40 or so protesters led by activist Wikatana Popata gathered as he made a rousing speech beneath the flagstaff — calling the coalition “the enemy”.

“These fellas are accountable to America, they’re here on behalf of America e tātou mā. Don’t you see what my uncle Shane [Jones] is doing?” he said.

“My uncle Shane, he’s giving the okay to all the oil drilling and the mining because those are American companies e tātou mā. So wake up.

‘Not scared of arrests’
“We’re not quite sure who our enemy is, well let me remind us: those people that are about to walk in, that’s our enemy . . .  we’re not scared of your arrests, we’re not scared of your jail cells or your prisons.

“We’ve been imprisoned . ..  we kōrero Māori to our tamariki at home, we practise our tikanga Māori at home, so you will never imprison us.”

The group performed a haka in protest against the politicians’ presence amid the more formal haka welcoming them to the marae. A small scuffle broke out as security stopped some of the protesters — who were shouting “kupapa”, or “traitor” — from advancing closer.

Speaking from the pae in te reo Māori on behalf of the haukāinga, Te Mutunga Rameka paid tribute to retiring Labour MP Peeni Henare and challenged Māori MPs working for the government, asking “where is your kotahitanga, where is your unity?”.

The next speaker, Eru Kapa-Kingi, acknowledged the protesters outside — saying he had challenged from outside in the past and now he was challenging from within the marae.

“Why do we continue to welcome the spider to our house,” he asked.

“This government has stabbed us in the front, but others stabbed us in the back,” he said, referring to Labour.

“Sort yourself out,” was his message to them, and to Te Pāti Māori, which in November ousted two of its MPs.

Part of ructions
Kapa-Kingi was arguably a central part of those ructions, however, having been employed by his mother Mariameno — one of those ousted MPs — and leading some of the criticism of the party’s leadership.

His criticism of Labour highlighted the departure of Henare, who he said had been — like his mother — silenced by his party.

Henare soon rose to his feet, saying according to custom those named on the marae were entitled to speak — and he spoke of humility.

“We must be very humble, extremely humble. And so that’s why I stand humbly before you . . .  Parliament kept me safe over the years.

“We have reached a point in time where I have completed my work. And so I ask everyone to turn their thoughts to what was said this morning: the hopes, aspirations, and desires of our people.”

Henare and his soon-to-be-former boss, Labour leader Chris Hipkins, have both batted away speculation about other reasons behind his departure — not least from NZ First deputy Shane Jones.

Hipkins himself acknowledged Henare in his speech, saying “our hearts are heavy today. We know we are returning you to your whānau in the North, but you are still part of our whānau. And we know where to find you”.

‘Lot of rubbish’
He later told reporters Kapa-Kingi was talking “a lot of rubbish”, that the last Labour government did more for Māori than many others, and Labour had already admitted it got the Foreshore and Seabed legislation wrong.

Seymour was up next and spoke of liberal democratic values; dismissing complaints of colonisation as a “myopic drone”; and saying the defeat of the Treaty Principles Bill was a pyrrhic victory because — he believed — it would return and become law in future.

Defending his comments on colonisation later, he said it had been more good than bad, as “even the poorest people in New Zealand today live like Kings and Queens compared with most places in most times in history”.

Conch shells and complaints about growing sick during Seymour’s speech clearly fired up the next speaker, New Zealand First leader Winston Peters — who said he did not come to be insulted or speak about politics.

“There’s some young pup out there shouting who doesn’t know what day it is,” he said, calling for a return to the interests of “one people, one nation”.

As the shouting started, Peters repeated his line there would come a time where they wanted to speak to him long before he wanted to speak to them.

Green Party co-leader Marama Davidson then rose to speak from the mahau, echoing the words of the late veteran campaigner Titewhai Harawira, urging the Crown to honour the Treaty, “it is not hard”.

Green candidates
The party announced during the events yesterday it would be standing candidates in three Māori seats, including list MP Huhana Lyndon, lawyer Tania Waikato, and former Te Pāti Māori candidate Heather Te Au-Skipworth — and Davidson staked out her party’s claim to those seats.

“When the giants, the rangatira of our Green Party — before the Pāti Māori was even formed — were the only party in the 2004 Foreshore hīkoi to meet the people, the masses, to uphold Te Tiriti,” she said.

With the government trampling treaty and environment while corporations benefited, she said giving land back was core.

While her speech was welcomed with applause, the government’s hecklers soon turned up the noise for the Prime Minister.

After skipping last year’s pōwhiri amid tensions over the Treaty Principles Bill, Luxon began by saying it was a tremendous privilege to be back, someone already shouting “we’ve had enough”.

He spoke about the the meaning of the Treaty as he saw it, and the importance of discussing and debating rather than turning on one another.

“It speaks so highly of us that we can come together at times like this, but it is also relevant on Waitangi Day as we think about how we’ve grappled and wrestled with other challenging issues as well,” he said.

Shouts and jeers
Shouts and jeers could be heard throughout, but he ploughed on undeterred.

“. . .  I think we have the Treaty to thank for that, because that has enabled us to engage much better with each other and we should take immense pride in that.”

One person could be heard yelling “treason” as Luxon spoke. He later said it was “typical of what we expect at Waitangi . . .  I enjoyed it”.

Asked if his government was honouring the Treaty, he said “yes”.

“We take it very seriously. It’s our obligation to honour the Treaty, but we work it out by actually making sure we are lifting educational outcomes for Māori kids, we work it out by making sure we are lifting health outcomes, we work it out by making sure we’re making a much more safer community.”

Luxon has been rejecting the idea of a revived Treaty Principles Bill since the day after it was voted down, but his coalition partner Seymour has been pledging its return for even longer.

The Prime Minister has reiterated his stance several times in the lead-up to Thursday’s pōwhiri, and did so again: “David can have his own take on that but I’m just telling you, it ain’t happening,” he said.

Referendum ‘divisive’
Ahead of the 2023 election, he had said redefining the Treaty’s principles was not his party’s policy and they did not support it, that a referendum — as the bill proposed — would be “divisive and unhelpful”, and a referendum would not be on the coalition table.

He was asked, given that, how ironclad his guarantee could be with an election campaign still to come and governing arrangements yet to be confirmed.

“We’ve been there and we killed it, so we’re done,” he said, clearly hoping for finality on the matter.

Te Tai Tokerau kaumātua and veteran broadcaster Waihoroi Shortland bookended the speeches.

Beginning with a Winston Churchill quote — that democracy is a bad form of government but the others are worse — Shortland said it was easy to remark on how divisive Māori were “when you all live in the most divisive house in the country”.

He called for Henare to be allowed to leave politics with dignity, but extended no such luxury for Te Pāti Māori co-leader Rawiri Waititi.

“Rawiri, I cannot allow you to come away. Your work is not done. It is crushing to see and to hear what the House does kia koutou, kia tātou, ki te Māori — but we sent you there nevertheless, and that work is not done. Find a way.”

‘Feel the pain’
Waititi had spoken earlier, thanking Eru Kapa-Kingi for what he had said.

“I can hear the anger and I can feel the pain. And the courage to stand before the people and say what you had to say,” he said.

He said the party wanted to meet with Ngāpuhi but had been “scattered” when invited to a hui in November, and indicated an eagerness to meet.

“We are still eager to gather with you but we must make the proper arrangements before we can,” he said.

“It’s alright to have problems. But we must experience those problems in our own house. If those problems go outside, the horse will bolt.”

He said the current government was “nibbling like a sandfly” at the Treaty, and there was “only one enemy before us, and it is not ourselves”.

But that fell short of what Mariameno Kapa-Kingi had hoped for, telling reporters she initially thought an apology was coming.

She said she was disappointed Waititi did not fully address their stoush in his speeches, and she was committed to standing in Te Tai Tokerau — presumably, regardless of her party affiliation.

“I’m not going anywhere until our people tell me otherwise. I’ve got much to do.”

This article is republished under a community partnership agreement with RNZ.

As Waitangi Day commemorations continue drawing people from across Aotearoa and around the world to the Bay of Islands, Te Tii Marae has become a gathering point for Indigenous ocean leadership from across the Pacific.

Taiātea: Gathering of the Oceans held its public forum yesterday, uniting more than 20 Indigenous leaders, marine scientists and researchers from Australia, Canada, Cook Islands, Hawai’i, Niue, Rapa Nui and Aotearoa.

The forum forms part of a wider 10-day wānanga taking place across Te Ika a Māui (North Island).

• READ MORE: Big Ka Lāhui Hawaiʻi delegation joins Māori in solidarity over Te Tiriti
• Other Waitangi reports

With a focus on the protection and restoration of Te Moana Nui a Kiwa, the Pacific Ocean, kōrero throughout the day centred on the exchange of knowledge, marine protection, ocean resilience and the accelerating impacts of climate change.

A key message remained prevalent throughout the day – the moana is not separate from the people, but a living ancestor, and a responsibility carried across generations.

‘Continue that path of conservation, preservation’
Hawaiʻi’s Solomon Pili Kaho’ohalahala, co-founder of One Oceania, a former politician, and a respected elder, framed his kōrero around the belief that there is no separation between human and nature — “we are all one”.

For Kaho’ohalahala, being present at Waitangi has been a powerful reminder of the links between past, present, and future.

“Waitangi is a very historical place for the Māori people,” he said. “It is where important decisions were made by your elders.

“So to be here in this place, for me, is significant.”

“We are talking about historical events that have happened to our people across Oceania, preserved by the elders who had visions to create treaties . . .  decisions that were going to be impactful to the generations to follow,” Kaho’ohalahala said.

“It brings the relevancy of these conversations. They are what we need to negotiate and navigate the challenges we face in the present. The purpose for this is, ultimately, no different to the kupuna (Hawai’ian elder), that this was intended for the generations yet unborn,” he added.

Kaho’ohalahala also reflected on the enduring connections between indigenous communities across oceans.

“To be a part of this conversation from across the ocean that separates us, our connection by our culture and canoes is to help us understand that we are still all connected as the people of Oceania.

“But we need to be able to reiterate that, and understand why we need to emerge from that past to bring it to our relevancy to these times and issues, to continue that path of conservation, preservation, for those unborn.”

‘Our ocean … a living organism,’ advocate says
Cook Islands environmental advocate and Ocean Ancestors founder Louisa Castledine reiterated the responsibility of Indigenous peoples to protect the ocean and pass knowledge to future generations.

She said Waitangi was the perfect backdrop to encourage these discussions. While different cultures face individual challenges, there is a collective sense of unity.

“One of our key pillars is nurturing our future tamariki, and the ways of our peu tupuna, and nurturing stewardship and guardianship with them as our future leaders,” Castledine said.

“It’s about reclaiming how we perceive our ocean as being an ancestor, as a living organism, as whānau to us. We’re here at Waitangi to stand in solidarity of our shared ancestor and the responsibility we all have for its protection,” Castledine said.

She said people must be forward-thinking in how they collectively navigate environmental wellbeing.

“We all have a desire and a love for our moana, our indigenous knowledge systems of our oceans are critical to curating futures for our tamariki and mokopuna,” she said.

“We want to ensure that generations that come after us will continue to be able to feed generations beyond all of us. It’s about safeguarding their inheritance.”

Learning about shared challenges
Canadian representative Chief Anuk Danielle Shaw, elected chief councillor of the Wuikinuxv Nation, said the challenges and goals facing Indigenous peoples were often shared, despite the distances between them.

“This is [an] opportunity to learn about common challenges we may have, and how other nations and indigenous leaders are facing those challenges, and what successes they’ve been having,” she said.

“It just makes sense that we have a relationship, and that we build that relationship.”

She noted the central role of the marine environment for her people.

“It’s not lost on me that my people are ocean-going people as well. We rely on the marine environment.

“Our salmon is the foundation and the backbone of our livelihood and the livelihood of all other beings in which we live amongst. I’m a world away, and yet I’m still sitting within the Pacific Ocean.

“So the work I do at home and how we take care of our marine environment impacts the people of Aotearoa as well, and vice versa. And so it just makes sense that we have a relationship, and that we build that relationship, because traditionally we did,” she added.

Following the public forum, indigenous leaders will visit haukāinga in the Tūwharetoa and Whanganui regions for further knowledge exchanges and to discuss specific case studies.

This article is republished under a community partnership agreement with RNZ.

Ka Lāhui Hawaiʻi, a Kanaka Maoli (Native Hawai’ian) initiative for self-determination and self-governance formed in 1987, has sent a 17-member Indigenous delegation to Waitangi to stand in solidarity with Māori in defence of Te Tiriti o Waitangi.

The delegation is present to “stand alongside Māori leadership, strengthen international solidarity, and affirm the deep genealogical and oceanic ties shared by Indigenous peoples of Moana Nui a Kanaloa”, a statement said.

Members of the delegation participated in a pōwhiri yesterday with iwi taketake at Te Tii Waitangi Mārae, marking a formal welcome and the beginning of their engagement alongside Māori communities and leaders.

• READ MORE: Other Waitangi Day reports

Members of the delegation will speak at the Political Forum tent tomorrow, take part in the dawn ceremony on February 6, and march alongside their whānau in support of Te Tiriti.

The delegation has issued a formal Statement of Solidarity calling on the international community to watch developments in Aotearoa while “political actions continue to seek to weaken and reinterpret Te Tiriti and undermine Māori rangatiratanga”.

The Kanaka Maoli statement raised serious concern that recent New Zealand government actions and political rhetoric had “misrepresented efforts” to address structural discrimination as “racial privilege”.

The government actions had also enabled legislative initiatives seeking to “radically redefine” the meaning of Te Tiriti — triggering widespread national protests, multiple claims before the Waitangi Tribunal, judicial review proceedings, and large nationwide hui of Māori leaders.

‘World should know’
“The world should know what is happening in Aotearoa. As Kanaka Maoli, we know what it means to have our lands, waters, and political future decided without us,” said Healani Sonoda-Pale, spokesperson for Ka Lāhui Hawaiʻi.

“We came to Waitangi so the world can see that Māori are not standing alone — and that Indigenous peoples across the Pacific are watching, standing together, and demanding that Te Tiriti o Waitangi be fully honored.

“Our struggles are connected, and our collective liberation as Indigenous peoples of Oceania are bound to one another.”

Ka Lāhui Hawaiʻi

New Zealand’s opposition parties have promised to repeal the coalition government’s changes to the Marine and Coastal Area Act (MACA) if re-elected in the face of criticism over “mindsets of colonisation”.

While the coalition has pitched the changes as restoring the legislation to its original intent, critics argue they diminish Māori rights.

The MACA law was introduced by National in 2011 in response to Labour’s highly controversial Foreshore and Seabed Act 2004.

• READ MORE: Other marine and coastal rights law reports

It has been contested in the courts, with a key Court of Appeal ruling making it easier for groups to win customary title in 2023.

The Supreme Court went on to overturn that decision last year, though the government considered it and said the test remained too broad.

National had agreed to tighten up the legislative test, making it harder for Māori to secure titles, in its coalition agreement with New Zealand First.

It has been contested in the courts, with a key Court of Appeal ruling making it easier for groups to win customary title in 2023.

The Supreme Court went on to overturn that decision last year, though the government considered it and said the test remained too broad.

National had agreed to tighten up the legislative test, making it harder for Māori to secure titles, in its coalition agreement with New Zealand First.

‘This is not something that we’ve done lightly’ – Justice Minister
Speaking in the third reading last night, Justice Minister Paul Goldsmith said the courts had interpreted the test in a way that “materially reduced” its intended effect.

“The bill clarifies the wording of the current test and provides additional guidance to decision makers in interpreting and applying the test,” he said.

“Key elements include more tightly defining what exclusive use and occupation means, requiring decision makers to base any inferences on a firm basis of physical evidence, not just cultural associations in that second part of the test, and thirdly placing the burden of proof more squarely on applicants to demonstrate that they meet both legs of the test.”

Goldsmith said the legislation was retrospective, overriding court decisions made after 24 July 2024, and the government had provided $15 million to support Māori groups to cover the costs of going back to court.

“I recognise that this will be very disappointing to groups who have been through the process. This is not something that we’ve done lightly but there is a long way to go and much of our coastline still to be considered and we believe as a government that it’s important to get that right.”

New Zealand First’s Casey Costello said her leader Winston Peters had been a “champion of equal citizenship and protecting the legitimate interests of all New Zealanders and the marine and coastal area of New Zealand”.

“This is not removing the rights for Māori. Māori, like any New Zealander, have the opportunity to enjoy their coastline and enjoy their benefits.”

The ACT party’s Todd Stephenson said the bill restored the exacting test to establish customary marine title that had been undermined by a number of court decisions.

“We will be supporting this because it does restore what Parliament intended.”

Labour says bill ‘treating Māori as second class citizens’
Labour’s Peeni Henare said the bill’s third reading continued a “long legacy” of Parliament “treating Māori as second class citizens”.

“For whatever reason, this government continues to say co-governance, co-management, or working alongside Māori is not the thing to do and would rather score political points instead of underscoring the good frameworks that are already in place that allow management of places like the marine and takutai moana.”

The Green Party’s Steve Abel said New Zealand had no decent future if Parliament kept doing “shitty legislation like this”.

“No good can come from a bill of this character. It is a bill that explicitly leads in to those worst mindsets of colonisation; that at every turn Māori are cut against and undermined and undone and for all the efforts of this chamber and this house to make amends for those cruel histories of colonisations, this bill forces the Crown back into a position of dishonorability.”

Te Pāti Māori’s Tākuta Ferris said Māori would mobilise, given no government in history had ever had the right or authority to extinguish the Tiriti-based rights of Māori.

“What this government is doing now guarantees that the fight for Te Tiriti justice only deepens from this point on and continues on into the next generations.

“They’ve set the playing field for generations to come, condemning our children, our tamariki to needless, endless, perpetual fighting, costly court cases, societal disharmony and time, energy and money-wasting on a staggering scale.”

This article is republished under a community partnership agreement with RNZ.

Legal experts and Māori advocates say the fight to protect Te Tiriti is only just beginning — as the controversial Treaty Principles Bill is officially killed in Parliament.

The bill — which seeks to redefine the principles of Te Tiriti o Waitangi — sparked a nationwide hīkoi and received more than 300,000 written submissions — with 90 percent of submitters opposing it.

Parliament confirmed the voting down of the bill yesterday, with only ACT supporting it proceeding further.

• READ MORE: The Treaty Principles Bill : Here’s what’s in it
• The Regulatory Standards Bill: What you need to know
• What you need to know about Māori wards
• Māori ward councillors prepare for election and referendum

The ayes were 11, and the noes 112.

Riana Te Ngahue, a young Māori lawyer whose bite-sized breakdowns of complex issues — like the Treaty Principles Bill — went viral on social media, said she was glad the bill was finally gone.

“It’s just frustrating that we’ve had to put so much time and energy into something that’s such a huge waste of time and money. I’m glad it’s over, but also disappointed because there are so many other harmful bills coming through — in the environment space, Oranga Tamariki, and others.”

Most New Zealanders not divided
Te Ngahue said the Justice Committee’s report — which showed 90 percent of submitters opposed the bill, 8 percent supported it, and 2 percent were unstated in their position — proved that most New Zealanders did not feel divided about Te Tiriti.

“If David Seymour was right in saying that New Zealanders feel divided about this issue, then we would’ve seen significantly more submissions supporting his bill.

“He seemed pretty delusional to keep pushing the idea that New Zealanders were behind him, because if that was true, he would’ve got a lot more support.”

However, Te Ngahue said it was “wicked” to see such overwhelming opposition.

“Especially because I know for a lot of people, this was their first time ever submitting on a bill. That’s what I think is really exciting.”

She said it was humbling to know her content helped people feel confident enough to participate in the process.

“I really didn’t expect that many people to watch my video, let alone actually find it helpful. I’m still blown away by people who say they only submitted because of it — that it showed them how.”

Te Ngahue said while the bill was made to be divisive there had been “a huge silver lining”.

“Because a lot of people have actually made the effort to get clued up on the Treaty of Waitangi, whereas before they might not have bothered because, you know, nothing was really that in your face about it.”

“There’s a big wave of people going ‘I actually wanna get clued up on [Te Tiriti],’ which is really cool.”

‘Fight isn’t over’
Māori lawyer Tania Waikato, whose own journey into social media advocacy empowered many first-time submitters, said she was in an “excited and celebratory” mood.

“We all had a bit of a crappy summer holiday because of the Treaty Principles Bill and the Regulatory Standards Bill both being released for consultation at the same time. A lot of us were trying to fit advocacy around summer holidays and looking after our tamariki, so this feels like a nice payoff for all the hard mahi that went in.”

She said the “overwhelming opposition” sent a powerful message.

“I think it’s a clear message that Aotearoa as a whole sees Te Tiriti as part of this country’s constitutional foundation. You can’t just come in and change that on a whim, like David Seymour and the ACT Party have tried to do.

“Ninety percent of people who got off their butt and made a submission have clearly rejected the divisive and racist rhetoric that party has pushed.”

Despite the win, she said the fight was far from over.

“If anything, this is really just beginning. We’ve got the Regulatory Standards Bill that’s going to be introduced at some point before June. That particular bill will do what the Treaty Principle’s Bill was aiming to do, but in a different and just more sneaky way.

‘The next fight’
“So for me, that’s definitely the next fight that we all gotta get up for again.”

Waikato, who also launched a petition in March calling for the free school lunch programme contract to be overhauled, said allowing the Treaty Principles Bill to get this far in the first place was a “waste of time and money.”

“Its an absolutely atrocious waste of taxpayers dollars, especially when we’ve got issues like the school lunches that I am advocating for on the other side.”

“So for me, the fight’s far from over. It’s really just getting started.”

ACT Party leader David Seymour continued to defend the Treaty Principles Bill during its second reading on Thursday, and said the debate over the treaty’s principles was far from over.

After being the only party to vote in favour of the bill, Seymour said not a single statement had grappled with the content of the bill — despite all the debate.

Asked if his party had lost in this nationwide conversation, he said they still had not heard a good argument against it.

‘We’ll never give up on equal rights.”

He said there were lots of options for continuing, and the party’s approach would be made clear before the next election

Eyes on local elections – ActionStation says the mahi continues
Community advocacy group ActionStation’s director Kassie Hartendorp, who helped spearhead campaigns like “Together for Te Tiriti”, said her team was feeling really positive.

“It’s been a lot of work to get to this point, but we feel like this is a very good day for our country.”

At the end of the hīkoi mō Te Tiriti, ActionStation co-delivered a Ngāti Whakaue rangatahi led petition opposing the Treaty Principles Bill, with more than 290,000 signatures — the second largest petition in Aotearoa’s history.

They also hosted a live watch party for the bill’s second reading on Facebook, joined by Te Tiriti experts Dr Carwyn Jones and Tania Waikato.

Hartendorp said it was amazing to see people from all over Aotearoa coming together to reject the bill.

“It’s no longer a minority view that we should respect, but more and more and more people realise that it’s a fundamental part of our national identity that should be respected and not trampled every time a government wants to win power,” she said.

Looking to the future, Hartendorp said Thursday’s victory was only one milestone in a longer campaign.

Why people fought back
“There was a future where this bill hadn’t gone down — this could’ve ended very differently. The reason we’re here now is because people fought back.

“People from all backgrounds and ages said: ‘We respect Te Tiriti o Waitangi.’

“We know it’s essential, it’s a part of our history, our past, our present, and our future. And we want to respect that together.”

Hartendorp said they were now gearing up to fight against essentially another version of the Treaty Principles Bill — but on a local level.

“In October, people in 42 councils around the country will vote on whether or not to keep their Māori ward councillors, and we think this is going to be a really big deal.”

The Regulatory Standards Bill is also being closely watched, Hartendorp said, and she believed it could mirror the “divisive tactics” seen with the Treaty Principles Bill.

“Part of the strategy for David Seymour and the ACT Party was to win over the public mandate by saying the public stands against Te Tiriti o Waitangi. That debate is still on,” she said.

This article is republished under a community partnership agreement with RNZ.

Tongan community leaders and artists in New Zealand have criticised the Treaty Principles Bill while highlighting the ongoing impact of colonisation in Aotearoa and the Pacific.

Oral submissions continued this week for the public to voice their view on the controversial proposed bill, which aims to redefine the legal framework of the nation’s founding document, the 1840 Treaty of Waitangi.

Aotearoa Tongan Response Group member Pakilau Manase Lua echoed words from the Waitangi Day commemorations earlier this month.

• READ MORE: Other Treaty Principles Bill reports

“The Treaty of Waitangi Principles Bill and its champions and enablers represent the spirit of the coloniser,” he said.

Pakilau said New Zealand’s history included forcible takeovers of Sāmoa, Cook Islands, Niue and Tokelau.

“The New Zealand government, or the Crown, has shown time and again that it has a pattern of trampling on the mana and sovereignty of indigenous peoples, not just here in Aotearoa, but also in the Pacific region.”

Poet Karlo Mila spoke as part of a submission by a collective of artists, Mana Moana,

“Have you ever paused to wonder why we speak English here, half a world away from England? It’s a global history of Christian white supremacy, who, with apostolic authority, ordained the doctrine of discovery to create a new world order,” she said.

“Yes, this is where the ‘new’ in New Zealand comes from, invasion for advantage and profit, presenting itself as progress, as civilising, as salvation, as enlightenment itself — the greatest gaslighting feat of history.”

Bill used as political weapon
She argued that the bill was being used as a political weapon, and government rhetoric was causing division.

“We watch political parties sow seeds of disunity using disingenuous history, harnessing hate speech and the haka of destiny, scapegoating ‘vulnerable enemies’ . . . Yes, for us, it’s a forest fire out there, and brown bodies are moving political targets, every inflammatory word finding kindling in kindred racists.”

Pakilau said that because Tonga had never been formally colonised, Tongans had a unique view of the unfolding situation.

“We know what sovereignty tastes like, we know what it smells like and feels like, especially when it’s trampled on.

“Ask the American Samoans, who provide more soldiers per capita than any state of America to join the US Army, but are not allowed to vote for the country they are prepared to die for.

“Ask the mighty 28th Maori Battalion, who field Marshal Erwin Rommel famously said, ‘Give me the Māori Battalion and I will rule the world’, they bled and died for a country that denied them the very rights promised under the Treaty.

“The Treaty of Waitangi Bill is essentially threatening to do the same thing again, it is re-traumatising Māori and opening old wounds.”

A vision for the future
Mila, who also has European and Sāmoan ancestry, said the answer to how to proceed was in the Treaty’s Indigenous text.

“The answer is Te Tiriti, not separatist exclusion. It’s the fair terms of inclusion, an ancestral strategy for harmony, a covenant of cooperation. It’s how we live ethically on a land that was never ceded.”

Aotearoa Tongan Response Group chair Anahila Kanongata’a said Tongans were Tangata Tiriti (people of the Treaty), and the bill denigrated the rights of Māori as Tangata Whenua (people of the land).

“How many times has the Crown breached the Treaty? Too, too many times.

“What this bill is attempting to do is retrospectively annul those breaches by extinguishing Māori sovereignty or tino rangatiritanga over their own affairs, as promised to them in their Tiriti, the Te Reo Māori text.”

Kanongata’a called on the Crown to rescind the Principles of the Treaty of Waitangi Bill, honour Te Tiriti, and issue a formal apology to Māori, similar to what had been done for the Dawn Raids.

“As a former member of Parliament, I am proud of the fact that an apology was made for the way our people were treated during the Dawn Raids.

“We were directly affected, yes, it was painful and most of our loved ones never got to see or hear the apology, but imagine the pain Māori must feel to be essentially dispossessed, disempowered and effectively disowned of their sovereignty on their own lands.”

The bill’s architect, Act Party leader David Seymour, sayid the nationwide discussion on Treaty principles was crucial for future generations.

“In a democracy, the citizens are always ready to decide the future. That’s how it works.”

Republished from PMN News with permission.

On a sticky day in January, dozens of nannies and aunties from Tainui shook and waved fronds of greenery as they called manuhiri onto Tuurangawaewae Marae.

More than 10,000 people had responded to a rare call for unity from the Māori King to discuss what the new government’s policies meant for Māori. It set the scene for what became a massive year for te ao Māori.

A few months beforehand, just in time for Christmas 2023, the newly formed government had announced its coalition agreements.

• READ MORE: Moana Maniapoto on the sound of the 80s to world-class Māori journalism
• Principles of the Treaty of Waitangi Bill public submissions
• Asia Pacific Media Network’s Te Tiriti Bill submission

The agreements included either rolling back previous initiatives considered progressive for Māori or creating new policies that many in Māoridom and beyond perceived to be an attack on Māori rights and te Tiriti o Waitangi.

So as the rest of the country wound down for the year, te ao Māori went to work, planning for the year ahead.

This year saw everything from controversial debates about the place of New Zealand’s founding document to mourning the loss of the Māori king, and a viral haka.

A call for unity — how 2024 started
The Hui-aa-motu in January was the first sign of the year to come.

Iwi from across the motu arrived at Tūrangawaewae, including Ngāpuhi, an iwi which doesn’t typically follow the Kiingitanga, suggesting a growing sense of shared purpose in Māoridom.

At the centre of the discussions was the ACT Party’s Treaty Principles Bill, which aims to redefine the principles of the Treaty of Waitangi and enshrine them in law.

Māori also expressed their concerns over the axing of Te Aka Whai Ora, (the Māori Health Authority), the re-introduction of referenda on Māori wards, removing references to Tiriti o Waitangi in legislation, and policies related to the use and funding of te reo Māori.

The day was overwhelmingly positive. Visitors were treated with manaakitanga, all receiving packed lunches and ice blocks to ward off the heat.

Raising some eyebrows, Prime Minister Christopher Luxon chose not to attend, sending newly-appointed Māori-Crown Relations Minister Tama Potaka and Māori Affairs select committee chair Dan Bidois instead.

Other than the sheer number of people who showed up, the hui was memorable for these words, spoken by Kiingi Tuheitia as he addressed the crowds, and quoted repeatedly as the year progressed:

“The best protest we can make right now is being Māori. Be who we are. Live our values. Speak our reo. Care for our mokopuna, our awa, our maunga.

“Just be Māori. Be Māori all day, every day. We are here. We are strong.”

The momentum continued, with the mauri of Hui-ā-Motu passed to Rātana pā next, and then to Waitangi in February.

The largest Waitangi in years
Waitangi Day has long been a place of activism and discussion, and this year was no exception.

February saw the most well-attended Waitangi in years. Traffic in and out of Paihia was at a standstill for hours as people flocked to the historic town, to discuss, protest, and commemorate the country’s founding document.

Veteran Māori activist Hone Harawira addressed David Seymour, the architect of the controversial Treaty Principles Bill and ACT Party Leader, directly.

“You want to gut the treaty? In front of all of these people? Hell no! You and your shitty-arse bill are going down the toilet.”

A new activist group, ‘Toitū te Tiriti’, also seized the moment to make themselves known.

Organisers Eru Kapa-Kingi and Hohepa Thompson led two dozen protesters onto the atea (courtyard) of Te Whare Rūnanga during the pōwhiri for government officials, peacefully singing over David Seymour’s speech.

“Whakarongo, e noho . . .” they began — “Listen, sit down”.

It was just the start of a movement which led to a nationwide hīkoi from the top of the North Island to Wellington.

Record number of urgent Waitangi Tribunal claims
In the past year, the government’s policies have faced significant formal scrutiny too, with a record number of urgent claims heard before the Waitangi Tribunal in such a short period of time.

The claims have been wide-ranging and contentious, including:

• the disestablishment of the Māori Health Authority,
• ACT’s Treaty Principles Bill,
• limiting te reo Māori use,
• reinstating referendums for Māori wards, and
• the repeal of smokefree legislation.

Seymour has also criticised the function of the tribunal itself. In May, he argued it had become “increasing activist”, going “well beyond its brief”.

“The tribunal appears to regard itself as a parallel government that can intervene in the actual government’s policy-making process,” Seymour said.

The government has made no secret of its plan to review the tribunal’s future role, a coalition promise.

The review is expected to refocus the tribunal’s scope, purpose and nature back to its “original intent”. While the government has not yet released any specific details about the review, it’s anticipated that Māori Development Minister Tama Potaka will oversee it.

Te Kiingi o te Kōtahitanga — mourning the loss of Kiingi Tuheitia
In August, when the seas were choppy, te ao Māori lost a rangatira.

Te iwi Māori were shocked and saddened by the death of Kiingi Tuheitia Pootatau te Wherowhero VII, who just days before had celebrated his 18th year on the throne.

Once again, thousands arrived outside the bright-red, ornately-carved gates of Tuurangawaewae, waiting to say one last goodbye.

The tangi, which lasted five days, saw tears, laughter and plenty of stories about Tuheitia, who has been called “Te Kiingi o Te Kōtahitanga”, the King of Unity.

On the final day, led by Kaihaka, his body was driven the two blocks in a black hearse to the banks of Waikato River. He was placed on a waka specially crafted for him, and made the journey to his final resting place at the top of Taupiri Maunga, alongside his tūpuna.

Just hours before, Tuheitia’s youngest child and only daughter, Nga wai hono i te po was announced as the new monarch of the Kiingitanga. The news was met with applause and tears from the crowd.

At just 27 years old, the new Kuini signals a societal shift, where a new generation of rangatahi who know their whakapapa, their reo, and are strong in their identity as Māori, are now stepping up.

The new generation of Māori activists
An example of this “kohanga generation” is Aotearoa’s youngest MP, Hana-Rawhiti Maipi-Clarke.

Elected in 2023, the 22-year-old gained international attention after a video of her leading a haka in Parliament and tearing up a copy of the Treaty Principles Bill made headlines around the world.

Maipi-Clarke and several other opposition MPs performed the Ka Mate haka in response to the Treaty Principles Bill, a move that cost her a 24-hour suspension from the debating chamber.

At the same time, another up-and-coming leader within Māoridom, Eru Kapa-Kingi, led a hīkoi from the top of the North Island to Wellington, in what is believed to be the largest protest to ever arrive at Parliament.

The hīkoi mō te Tiriti was the culmination of a year of action, and organisers predicted it would be big. But almost no one anticipated the true scale of the crowd.

Prime Minister Christopher Luxon has announced that he will not be travelling to the Treaty grounds in Northland for Waitangi Day commemorations in February next year, opting to attend events elsewhere.

Māori met the decision with mixed emotions — some calling it a missed opportunity, and others pleased.

We’re set for a big year to come, with submissions on the Treaty Principles Bill closing on January 7, the ensuing select committee process will be sure to dominate the conversation at Waitangi 2025 and beyond.

This article is republished under a community partnership agreement with RNZ.

Activist/educator Tina Ngata (Ngati Porou) has warned proposed changes to Aotearoa New Zealand’s Treaty of Waitangi principles would undermine indigenous Māori sovereignty, rights, and protections, and risk corporate exploitation and environmental harm.

Ngata is a member of Koekoeā, a tāngata whenua and tāngata tiriti rōpu which brings accessible information and workshops for select committee submissions for the Treaty Principles Bill.

“[ACT leader and Minister for Regulation] David Seymour is saying, ‘it’s just the principles, not the text, so is it really a big deal?’” Ngata said.

• READ MORE: Read an explainer on the Waitangi Tribunal from an interview with Dr Carwyn Jones, the kaihautū of Te Whare Whakatupu Mātauranga at Te Wānanga o Raukawa
• Other Te Tiriti reports

“The Crown commitments are framed within the principles so, when you affect the principles, it has the same legal effect as redefining the Treaty itself.”

Ngata said the principles were the strongest tool to ensure the Crown as a Treaty partner was including and consulting with Māori.

People can submit on the Bill here until 7 2025 and here is a video by Koekoeā showing how easy it is to make a submission.

What are the Treaty principles Seymour hopes to redefine?
“The principles are enshrined in the Treaty of Waitangi Act, which came about in 1975 as a result of that generation undertaking hīkoi and protests calling for our land rights and for the Crown to honour Te Tiriti,” Ngata said.

The Treaty of Waitangi Act 1975 introduced the concept of treaty principles, which were commitments for the Crown to uphold Te Tiriti o Waitangi. The act established the Waitangi Tribunal.

The principles were often referred to as the “three P’s” — partnership, participation and protection — but there were others such as tino rangatiratanga, ōritetanga as duty to act reasonably.

Over time the principles became more and more defined, particularly in 1987 in a court case where the Māori Council took the Crown to court for trying to sell Aotearoa’s natural assets and privatise them, which was where the principle of consultation came about.

There are no two versions of the Treaty
Ngata said the principles were put into the act to resolve the conflict between what were believed to be two versions that were equally valid but conflicted — often known as the English version, which only 39 Māori signed, and the Māori version, which between 530 and 540 signed.

She said the idea of two versions had a flawed premise.

The Treaty of Waitangi drafted by Captain William Hobson was supposedly translated into Te Tiriti o Waitangi but Ngata said it didn’t qualify as a translation as the two were radically different.

“Even our Māori activists in 1975 were calling the English text the ‘Treaty of fraud’. They were very clear that there was only one valid treaty,” Ngata said.

By valid she means valid by definition where a treaty is an agreement signed between two sovereign nations, and she said the only definition that applied to was Te Tiriti o Waitangi.

Incremental journey towards treaty justice
Ngata said the principles themselves did not represent Treaty justice but were reflective of the time.

In 1989 Ngāti Whātua leader and respected scholar Sir Hugh Kawharu translated the te reo Māori document into English. She said even that translation was caught up in the time because it said Te Tiriti gave permission for the Crown to form a government. But more recent research had found Te Tiriti allowed for a limited level of governance and not a government.

Ngata described the principles as the strongest tool to ensure the Crown as Treaty partner was upholding its commitments but, even with those principles, there were consistent breaches.

“Even though [the principles] are not truly justice, Māori have taken them and used them to protect ourselves, protect our families, protect our mokopuna rights,” Ngata said.

“Often many times to protect Aotearoa’s natural resources from corporate exploitation.”

She said that point was important to remember, that the principles had been a road block. Arguably, the drive to replace those principles was to make it easier for corporate exploitation.

Overall, the Treaty Principles Bill was taking New Zealand back before 1975 and in reverse from that journey towards treaty justice, Ngata said

The principles in the new bill
The Treaty Principles Bill dumps the old principles and introduces three new ones. The proposed principles are below, and Ngata explained the problems in each principle.

1. Civil government — the government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society.
2. Rights of hapū and iwi Māori — the Crown recognises the rights that hapū and iwi had when they signed the Treaty/te Tiriti. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in Treaty settlements.
3. Right to equality — everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.

Māori never ceded sovereignty
In 2014, the Waitangi Tribunal found Māori never ceded sovereignty.

Thus the first principle, “the government has full power to govern and Parliament has full power to make laws” negated Māori sovereignty, Ngata said.

In article one, Te Tiriti o Waitangi gave a limited level of governance for the Queen to make laws through a governor but it was not a cessation of sovereignty.

She argued that article three said Māori had the same rights and privileges as those who were British subjects of the Queen.

“If article 1 was a cessation of sovereignty to the Queen over Māori, then why would we need to explicitly say that we then get the same rights and privileges as those who are subjects of the Queen? That would have been inherent within that article.”

Indigenous peoples’ rights to self-determination
She said this principle was also not in alignment with how the international community understood human rights.

“The second principle the bill is suggesting is that the Crown will recognise the rights of hapū and iwi but only in so far as they are the same rights as everybody else, unless they are rights that have been enshrined within a settlement act,” Ngata said.

But Ngata said Māori rights did not stem from the Treaty of Waitangi Act, and Māori rights did not stem from Te Tiriti. Instead they were inherent.

The United Nations Declaration on the Rights of Indigenous Peoples recognised the right of Indigenous peoples to self-determination.

UNDRIP included rights for Indigenous people to freely determine their political status, maintain distinct political, legal, economic, social and cultural institutions, and participate in decision-making processes that affected them.

“It’s preposterous to say that our rights can only come into effect if they’ve been subject to a Treaty settlement.”

‘Colonial governments will only deliver unequal treatment’
The third article states everyone is equal under law and ACT leader and bill designer David Seymour has proudly advocated “one law for all” but Ngata said this wsn’t equality – it was assimilation.

Earlier in the year, Ngata told Te Ao Māori News the government was implementing assimilation policies, which Raphael Lemkin, who coined the term “genocide”, included as part of the broader spectrum of genocide.

One of the examples of assimilation policy was the disestablishment of Te Aka Whai Ora, the Māori Health Authority, which was created to ensure better health outcomes for Māori and provide te ao Māori approaches, meaning cultural differences rather than simply based on race.

She said the Crown had a long-standing history of treating Māori unequally: “Colonial governments will only deliver unequal treatment.”

“If you were treating the Treaty with Maori equally, you would not be undertaking this process in the first place.”

The impacts the bill would have
Ngata said Māori would be impacted in a “whole ecosystem impact of te ao Māori — across housing, whenua, natural resources, waterways, transport and health”.

She said the bill would impact other marginalised groups and the environment and, therefore, everybody.

She said the bill was being pushed to remove the roadblock to protect the natural environment from corporate exploitation.

It was clear the bill was being driven by multinational corporate interests in accessing natural resources and thus once enacted, there would be environmental degradation.

Ngata said the language and rhetoric David Seymour was using on the topic was reminiscent of and in some cases a direct import of the same rhetoric used to negate treaty rights in Canada and the US.

She cited New Zealand having one of the world’s largest exclusive economic zones (EEZ) (the maritime area a nation has exclusive rights to explore, use and manage natural resources). That zone would be of interest to corporates and, in the past, the Treaty principles had blocked corporations from extracting natural resources.

Ngata said there were international dimensions, and there were parallels with other colonial governments, such as France in Kanaky and Indonesia in West Papua, who “ran roughshod” over Indigenous rights to extract natural resources for profit.

Republished with permission from Te Ao Māori News.

For almost six decades photographer John Miller (Ngāpuhi) has been a protest photographer in Aotearoa New Zealand.

From his first photographs of an anti-Vietnam War protest on Auckland’s Albert Street as a high school student in 1967, to Hīkoi mō te Tiriti last week, Miller has focused much of his work on the faces of dissent.

He spoke of his experiences over the years in an interview broadcast today on RNZ’s Culture 101 programme with presenter Susana Lei’ataua.

• LISTEN: Photographer John Miller talks to RNZ’s Culture 101
• Other Hīkoi mō te Tiriti reports

Miller joined Hīkoi mō te Tiriti at Waitangi Park in Pōneke Wellington last Tuesday, November 19, ahead of its final walk to Parliament’s grounds.

“It was quite an incredible occasion, so many people,”  74-year-old Miller says.

“Many more than 1975 and 2004. Also social media has a much more influential part to play in these sorts of events these days, and also drone technology . . .

“I had to avoid one on the corner of Manners and Willis Streets flying around us as the Hīkoi was passing by.

“We ended up running up Wakefield Street which is parallel to Courtenay Place to get ahead of the march and we joined the march at the Taranaki Street Manners Street intersection and we managed to get in front of it.”

Comparing Hīkoi mō te Tiriti with his experience of the 1975 Māori Land March led by Dame Whina Cooper, Miller noted there were a lot more people involved.

“During the 1975 Hīkoi the only flag that was in that march was the actual white land march flag — the Pou Whenua — no other flags at all. And there were no placards, no, nothing like that.”

There were more flags and placards in the Foreshore and Seabed March in 2004.

“Of course, this time it was a veritable absolute forest of Tino Rangatira flags and the 1835 flag and many other flags,” Miller says.

“Te Mana Motuhake o Tuhoe flags were there, even Palestinian flags of course, so it was a much more colourful occasion.”

Miller tried to replicate photos he took in 1975 and 2004: “However this particular time I actually was under a technical disadvantage because one of my lenses stopped working and I had to shoot this whole event in Wellington using just a wide angle lens so that forced me to change my approach.”

Miller and his daughter, Rere, were with the Hīkoi in front of the Beehive.

“I had no idea that there were so many people sort of outside who couldn’t get in and I only realised afterwards when we saw the drone footage.”

This article is republished under a community partnership agreement with RNZ.

New Zealand’s leading daily newspaper has joined the debate about the haka that stunned Parliament and the nation last week, defending the youngest MP for her actions, saying she is a “product of her forebears” and “shining a light” on the new national conversation about the 1840 Treaty of Waitangi.

That haka has been criticised by some conservative politicians and civic leaders as “appalling behaviour” and led to Te Pāti Māori’s 22-year-old Hana-Rāwhiti Maipi-Clarke being “named” by the Speaker and suspended from the House for 24 hours.

However, among many have rallied to her support across the nation, with The New Zealand Herald declaring in an editorial on Tuesday that her haka “shines the light on a new conversation growing louder daily and describing where many Māori are at politically”.

• READ MORE: ‘I ripped that in half and chucked it away’ – Hana-Rāwhiti delivers speech after world-shaking haka
• Why NZ is protesting over colonial-era treaty bill – a global perspective
• The biggest difference between Hīkoi mō te Tiriti and past hīkoi: More support from non-Māori
• Other national Hīkoi reports

In light of the haka performed in Parliament, The Herald said, it was “important to understand what was on show” 184 years after the signing of Te Tiriti o Waitangi by the British Crown and more than 40 Māori chiefs as the founding document for New Zealand.

The haka protest came as thousands joined a massive nine-day Te Hīkoi mō te Tiriti that marched the 1600km length of the country from north and south ending at Parliament in an impressive show of solidarity against the unpopular bill.

“Culturally, haka is the ability to express thoughts and views in a way that provides clarity with the thoughts of those who deliver it. Haka can be delivered and invoked in many different ways and many different times,” said The Herald.

“It can be delivered at the beginning of a kaupapa (cause) — like the All Blacks’ pre-match haka — or delivered near the end as a tangi when a tūpāpaku (body) is being taken to its final destination.”

The newspaper said that when Maipi-Clarke broke into that haka in Parliament, it was her way of expressing her “absolute disgust and loathing of David Seymour’s Principles of the Treaty of Waitangi Bill”.

Unapologetically Māori
“Toitū Te Tiriti, the kōhanga reo generation and unapologetically Māori whānau are intertwined. Their whakapapa is the same,” The Herald said.

“Toitū Te Tiriti says Te Tiriti will endure no matter what. The first of the kōhanga reo generation – the babies brought up in kōhanga reo over 40 years ago, like Te Pāti Māori co-leader Rawiri Waititi – and casting their leadership across te ao Māori.

“They have been in the workforce for 20+ years, using te reo Māori and mātauranga Māori (Māori intelligence) as their north compass.

“Maipi-Clarke is part of all three groups. She is a product of her forebears.

“Maipi-Clarke looks at the world through a kaupapa Māori lens. The things which drive her are Māori-centric, first and foremost. That is who she is and what defines her. The new Māori Queen, Nga wai hono i te po, is of the same ilk.

“Unapologetically Māori is a statement that serves as a declaration to the world about who Maipi-Clarke and those of her generation are, their truth and how to act from a holistic Māori world view.”

‘Their very identity threatened’
The newspaper said Maipi-Clarke, her Te Pāti Māori colleagues and other politicians in the House “reacted when they felt their very identity was threatened”.

“They acted the only way they believed was appropriate, with class and with mana.”

The Herald said Maipi-Clarke, like many Māori and non-Māori, were angry with the progression of this bill.

“She responded to it as she was taught by her predecessors and peers with a haka,” the paper said.

“That’s the way Māori of the kōhanga reo generation were brought up to voice their concerns.”

BACKGROUNDER: By Sarah Shamim

A fight for Māori indigenous rights drew more than 50,000 protesters to the New Zealand Parliament in the capital Wellington yesterday.

A nine-day-long Hīkoi, or peaceful march — a Māori tradition — was undertaken in protest against a bill that seeks to “reinterpret” the country’s 184-year-old founding Treaty of Waitangi, which was signed between British imperial colonisers and the Indigenous Māori tangata whenua (people).

Some had also been peacefully demonstrating outside the Parliament building for nine days before the protest concluded yesterday.

• READ MORE: Bill would ‘render the treaty worthless’ – world reacts to national Hīkoi
• ‘What’s good for Māori is good for everyone’ – Hīkoi ends with peaceful protest
• Hīkoi day 9: Massive crowd joins as Treaty Principles Bill protest reaches Parliament
• Other Hīkoi reports

On November 14, the controversial Treaty Principles Bill was introduced in Parliament for a preliminary first reading vote. Māori parliamentarians staged a haka (a traditional ceremonial dance) to disrupt the vote, temporarily halting parliamentary proceedings.

So, what was the Treaty of Waitangi, what are the proposals for altering it, and why has it become a flashpoint for protests in New Zealand?

Who are the Māori?
The Māori people are the original residents of the two large main islands now known as New Zealand, having lived there for several centuries.

The Māori came to the uninhabited islands of New Zealand from East Polynesia on canoe voyages betweemn 1200 and 1300. Over hundreds of years of isolation, they developed their own distinct culture and language. Māori people speak te reo Māori and have different tribes, or iwi, spread throughout the country.

The two islands were originally called Aotearoa by the Māori. The name New Zealand was adopted by the colonisers who took control under the Treaty of Waitangi in 1840.

While Dutch explorer Abel Tasman was the first European to “discover” New Zealand in 1642, calling it Staten Land, three years later Dutch cartographers renamed the land Nova Zeelandia after the Dutch province of Zeeland.

British explorer James Cook later anglicised the name to New Zealand.

New Zealand became a “dominion” under the British crown in 1907 after being a colony.

It gained full independence from Britain in 1947 when it adopted the Statute of Westminster.

However, for a century the Māori people had suffered mass killings, land grabs and cultural erasure at the hands of colonial settlers.

There are currently 978,246 Māori in New Zealand, constituting around 19 percent of the country’s population of 5.3 million. They are partially represented by Te Pāti Māori — the Māori Party — which currently holds six of the 123 seats in Parliament.

What was the Treaty of Waitangi?
On February 6, 1840, the Treaty of Waitangi, also called Te Tiriti o Waitangi or just Te Tiriti in te reo, was signed between the British Crown and around 500 Māori chiefs, or rangatira. The treaty was the founding document of New Zealand and officially made New Zealand a British colony.

While the treaty was presented as a measure to resolve differences between the Māori and the British, the English and te reo versions of the treaty actually feature some stark differences.

The te reo Māori version guarantees “rangatiratanga” to the Māori chiefs. This translates to “self-determination” and guarantees the Māori people the right to govern themselves.

However, the English translation says that the Maori chiefs “cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty”, making no mention of self-rule for the Maori.

The English translation does guarantee the Māori “full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries”.

“The English draft talks about the British settlers having full authority and control over Māori in the whole country,” Kassie Hartendorp, a Māori community organiser and director at community campaigning organisation ActionStation Aotearoa, told Al Jazeera.

Hartendorp explained that the te reo version includes the term “kawanatanga”, which in historical and linguistic context “gives British settlers the opportunity to set up their own government structure to govern their own people but they would not limit the sovereignty of Indigenous people”.

“We never ceded sovereignty, we never handed it over. We gave a generous invitation to new settlers to create their own government because they were unruly and lawless at the time,” said Hartendorp.

In the decades after 1840, however, 90 percent of Māori land was taken by the British Crown. Both versions of the treaty have been repeatedly breached and Māori people have continued to suffer injustice in New Zealand even after independence.

In 1975, the Waitangi Tribunal was established as a permanent body to adjudicate treaty matters. The tribunal attempts to remedy treaty breaches and navigate differences between the treaty’s two texts.

Over time, billions of dollars have been negotiated in settlements over breaches of the treaty, particularly relating to the widespread seizure of Māori land.

However, other injustices have also occurred. Between 1950 and 2019, about 200,000 children, young people and vulnerable adults were subjected to physical and sexual abuse in state and church care, and a commission found Māori children were more vulnerable to the abuse than others.

On November 12 this year, Prime Minister Christopher Luxon issued an apology to these victims, but it was criticised by Māori survivors for being inadequate. One criticism was that the apology did not take the treaty into account.

While the treaty’s principles are not set in stone and are flexible, it is a significant historical document that upholds Māori rights.

What does the Treaty Principles Bill propose?
The Treaty Principles Bill was introduced by Member of Parliament David Seymour, leader of the libertarian ACT Party, a minor partner in New Zealand’s rightwing coalition government. Seymour himself is of Māori heritage.

The party launched a public information campaign about the bill on February 7 this year.

The ACT Party asserts that the treaty has been misinterpreted over the decades and that this has led to the formation of a dual system for New Zealanders, where Māori and pākehā (white) New Zealanders have different political and legal rights. Seymour says that misinterpretations of the treaty’s meaning have effectively given Māori people special treatment.

The bill calls for an end to “division by race”.

Seymour said that the principle of “ethnic quotas in public institutions”, for example, is contrary to the principle of equality.

The bill seeks to set specific definitions of the treaty’s principles, which are currently flexible and open to interpretation. These principles would then apply to all New Zealanders equally, whether they are Māori or not.

According to Together for Te Tiriti, an initiative led by ActionStation Aotearoa, the bill will allow the New Zealand government to govern all New Zealanders and consider all New Zealanders equal under the law.

Activists say this will effectively disadvantage indigenous Māori people because they have been historically oppressed.

Many, including the Waitangi Tribunal, say this will lead to the erosion of Māori rights. A statement by ActionStation Aotearoa says that the bill’s principles “do not at all reflect the meaning” of the Treaty of Waitangi.

Why is the bill so controversial?
The bill is strongly opposed by political parties in New Zealand on both the left and the right, and Maori people have criticised it on the basis that it undermines the treaty and its interpretation.

Gideon Porter, a Maori journalist from New Zealand, told Al Jazeera that most Maori, as well as historians and legal experts, agree that the bill is an “attempt to redefine decades of exhaustive research and negotiated understandings of what constitute ‘principles’ of the treaty”.

Porter added that those critical of the bill believe “the ACT Party within this coalition government is taking upon itself to try and engineer things so that Parliament gets to act as judge, jury and executioner”.

In the eyes of most Maori, he said, the ACT Party is “simply hiding its racism behind a facade of ‘we are all New Zealanders with equal rights’ mantra”.

The Waitangi Tribunal released a report on August 16 saying that it found the bill “breached the Treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the … guarantee of rangatiratanga”.

Another report by the tribunal seen by The Guardian newspaper said: “If this bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty . . .  in modern times.”

What process must the bill go through now?
For a bill to become law in New Zealand, it must go through three rounds in Parliament: first when it is introduced, then when MPs suggest amendments and finally, when they vote on the amended bill. Since the total number of MPs is 123, at least 62 votes are needed for a bill to pass, David MacDonald, a political science professor at the University of Guelph in Canada, told Al Jazeera.

Besides the six Māori Party seats, the New Zealand Parliament comprises 34 seats held by the Labour Party; 14 seats held by the Green Party of Aotearoa; 49 seats held by the National Party; 11 seats held by the ACT Party; and eight seats held by the New Zealand First Party.

“The National Party leaders including the PM and other cabinet ministers and the leaders of the other coalition party [New Zealand] First have all said they won’t support the bill beyond the committee stage. It is highly unlikely that the bill will receive support from any party other than ACT,” MacDonald said.

When the bill was heard for its first round in Parliament last week, Māori party lawmaker Hana-Rawhiti Maipi-Clarke tore up her copy of the legislation and led the haka.

Is the bill likely to pass?
The chances of the bill becoming law are “zero”, Porter said.

He said the ACT’s coalition partners had “adamantly promised” to vote down the bill in the next stage. Additionally, all the opposition parties will also vote against it.

“They only agreed to allow it to go this far as part of their ‘coalition agreement’ so they could govern,” Porter said.

New Zealand’s current coalition government was formed in November 2023 after an election that took place a month earlier. It comprises the National Party, ACT and New Zealand First.

While rightwing parties have not given a specific reason why they will oppose the bill, Hartendorp said New Zealand First and the New Zealand National Party would likely vote in line with public opinion, which largely opposes it.

Why are people protesting if the bill is doomed to fail?
The protests are not against the bill alone.

“This latest march is a protest against many coalition government anti-Māori initiatives,” Porter said.

Many believe that the conservative coalition government, which took office in November 2023, has taken measures to remove “race-based politics”. The Māori people are not happy with this and believe that it will undermine their rights.

These measures include removing a law that gave the Maori a say in environmental matters. The government also abolished the Maori Health Authority in February this year.

Despite the bill being highly likely to fail, many believe that just by allowing the bill to be tabled in Parliament, the coalition government has ignited dangerous social division.

For example, former conservative Prime Minister Jenny Shipley has said that just putting forth the bill is sowing division in New Zealand, and she warned of potential “civil war”.

Sarah Shamim is a freelance writer and assistant producer at Al Jazeera Media Network, where this article was first published.

• Treaty Principles Bill

International media coverage of Aotearoa New Zealand’s national Hīkoi to Parliament has largely focused on the historic size of the turnout in Wellington yesterday and the wider contention between Māori and the Crown.

Some, including The New York Times, have also pointed out the recent swing right with the election of the coalition government as part of the reason for the unrest.

The Times article said New Zealand had veered “sharply right”, likening it to Donald Trump’s re-election.

• READ MORE: ‘What’s good for Māori is good for everyone’ – Hīkoi ends with peaceful protest
• Hīkoi day 9: Massive crowd joins as Treaty Principles Bill protest reaches Parliament
• Other Hīkoi reports

“New Zealand bears little resemblance to the country recently led by Jacinda Ardern, whose brand of compassionate, progressive politics made her a global symbol of anti-Trump liberalism.”

The challenging of the rights of Māori was “driving a wedge into New Zealand society”, the article said.

Coverage in The Guardian explained that the Treaty Principles Bill was unlikely to pass.

“However, it has prompted widespread anger among the public, academics, lawyers and Māori rights groups who believe it is creating division, undermining the treaty, and damaging the relationship between Māori and ruling authorities,” it said.

‘Critical moment’
Turkey’s public broadcaster TRT World said New Zealand “faces a critical moment in its journey toward reconciling with its Indigenous population”.

New Zealand MP Hana-Rawhiti Maipi-Clarke performed a haka in a powerful speech during her first appearance in parliament.

Maipi-Clarke is Aotearoa’s youngest MP since 1853 and is seen as representing the ‘kohanga reo’ generation of young Māori. pic.twitter.com/sWwbS1FsBI

— NoComment (@nocomment) January 5, 2024

While Al Jazeera agreed it was “a contentious bill redefining the country’s founding agreement between the British and the Indigenous Māori people”.

The Washington Post pointed out that the “bill is deeply unpopular, even among members of the ruling conservative coalition”.

“While the bill would not rewrite the treaty itself, it would essentially extend it equally to all New Zealanders, which critics say would effectively render the treaty worthless,” the article said.

The Hīkoi, and particularly the culmination of more than 42,000 people at Parliament, was covered in most of the mainstream international media outlets including Britain’s BBC and CNN in the United States, as well as wire agencies, including AFP, AP and Reuters.

Across the Ditch, the ABC headline called it a “flashpoint” on race relations. While the article went on to say it was “a critical moment in the fraught 180-year-old conversation about how New Zealand should honour the promises made to First Nations people when the country was colonised”.

Most of the articles also linked back to Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke’s haka in Parliament which also garnered significant international attention.

This article is republished under a community partnership agreement with RNZ.

RNZ News

New Zealand’s hīkoi against the Treaty Principles Bill could be one of the largest rallies that the capital has seen for years, Wellington City Council says.

The Hīkoi mō te Tiriti will arrive in Wellington tomorrow, and locals are being warned to expect disruption and plan ahead.

• READ MORE: Treaty Principles Bill ‘inviting civil war’, says former PM Shipley
• Treaty Principles Bill haka highlights tensions between Māori tikanga and rules of Parliament
• Other Hīkoi mō te Tiriti reports

Yesterday, about 5000 people filled the square in Palmerston North before the convoy headed south, stopping for a rally in Levin.

Thousands of supporters were then welcomed at Takapūwāhia Marae, in Porirua, north of Wellington.

They will have a rest day in Porirua today before gathering at Wellington’s Waitangi Park on tomorrow morning, and converging on Parliament.

“There is likely to be some disruption to roads and highways,” the council said in a statement.

‘Plan ahead’ call
“Please plan ahead if travelling by road or rail on Tuesday, November 19, as delays are possible.”

The Hīkoi will start at 6am, travelling from Porirua to Waitangi Park, where it will arrive at 9am.

It will then depart the park at 10am, travelling along the Golden Mile to Parliament, where it will arrive at midday.

The Hīkoi will return to Waitangi Park at 4pm for a concert, karakia, and farewell.

State Highways 1 and 2 busier than normal.

Police said no significant issues had been reported as a result of the Hīkoi.

A traffic management plan would be in place for its arrival into Wellington, with heavier than usual traffic anticipated, particularly in the Hutt Valley early Tuesday morning, and on SH2 between Lower Hutt and Wellington city.

Anyone living or working in the city should plan accordingly, Wellington District Commander Superintendent Corrie Parnell said.

Police ‘working with Hikoī’
“Police have been working closely with iwi and Hīkoi organisers, and our engagement has been positive.

“The event as it has moved down the country has been conducted peacefully, and we have every reason to believe this will continue.

“In saying that, disruption is expected through the city centre as the hīkoi makes its way from Waitangi Park to Parliament.

“We’ve planned ahead with NZTA, Wellington City Council, Greater Wellington Regional Council, local schools, retailers and other stakeholders to mitigate this as best possible, but Wellingtonians should be prepared for Tuesday to look a little different.”

Wellington Station bus hub will be closed, with buses diverted to nearby locations.

Metlink has also added extra capacity to trains outside of peak times (9am-3pm).

Police said parking was expected to be extremely difficult on Tuesday, especially around the bus hub, Lambton Quay and Parliament grounds.

Wellingtonians were being to exercise patience, particularly on busy roads, Parnell said.

“We ask you to allow more time than normal to get where you are going. Plan ahead by looking at how road closures and public transport changes might affect you, and expect that there will be delays at some point throughout the day.”

PM: ‘We’ll wait and see’
Prime Minister Christopher Luxon said he was playing his approach to the Hīkoi “by ear”.

He has been at his first APEC meeting in Peru, but will arrive back in New Zealand today.

He said he was open to speaking with members of the Hīkoi on Tuesday, but no plans had been made as yet.

“We haven’t made a decision. We’ll wait and see, but I’m very open to meeting, in some form or another.

“It’s obviously building as it walks through the country and gets to Wellington, and we’ll just wait and see and take it as it comes.”

This article is republished under a community partnership agreement with RNZ.

The New Zealand Herald and its publisher are failing to follow a golden rule: Engage with readers when they question your actions.

The Herald is currently confronted by two controversies. The first is its decision to use artificial intelligence to write editorials. The second is its decision to publish a highly divisive advertising wrap-around paid for by the lobby group Hobson’s Pledge.

In neither case has the newspaper or its owner NZME offered an explanation that justifies its decisions. Indeed, it has given little insight into what its decision-making processes were on either matter.

• READ MORE: AI-created editorials: What in HAL’s name was The Herald thinking?
• Hobson’s Pledge front page ad is propaganda disguised as news — Shilo Kino

Following RNZ’s revelations over The Herald’s use of iterative AI to write editorials, The Herald’s reaction was to simply say it did not apply sufficient “journalistic rigour” and that it would be calling a meeting of all editorial staff to discuss AI policy.

This commentary last week posed a series of questions relating to the processes that went into the publication of those editorials. If they were answered at the staff meeting, neither I nor The Herald’s other readers are any the wiser.

Staff were left in absolutely no doubt that what went on at that meeting was confidential and Herald staff I have spoken to have scrupulously observed that obligation not to disclose what occurred. NZME declined to comment to other media that enquired about the meeting (the fact it was taking place had been publicly disclosed).

Instead, several days later the company used its customary conduit, editor-at-large Shayne Currie’s Media Insider column, to ensure the narrative remained positive.

Review of protocols
Currie disclosed some of what was discussed at the meeting (I guess he had a waiver on confidentiality) and said The Herald “will review and further tighten artificial intelligence protocols”. He did not, however disclose the mood of the newsroom in reaction to the news that editorials had been written by AI, choosing instead to merely report editor-in-chief Murray Kirkness “addressing concerns from staff”.

Kirkness apparently told the meeting critical issues were “the level of human oversight, that the publication was transparent with readers, and that policies were continually reviewed and updated”.

None of that told readers how or why the editorials came to be robotically written in the first place, nor why the publication had failed to be transparent with readers. It certainly did not reveal whether the editor-in-chief had been taken to task by staff who, in private correspondence before the meeting, had expressed their dismay.

The Herald’s current statement on its use of artificial intelligence includes no requirement for public disclosure of its use on any story. The only requirement for disclosure is when AI generated images are used on features or opinion pieces: “When we do this, we will acknowledge this in the image caption or credit.”

I get the impression all other use of AI by The Herald is covered by its general statement that, yes, it does employ artificial intelligence. That disclosure is in a statement that you will find at the very bottom of The Herald website. You’ll find it here.

Initially I went looking for it on the mobile app, then the app on my iPad. I gave up. I assume it’s there somewhere.

NZME is doing the right thing by reviewing its policy, but it should not wait until that review is completed — and the current AI statement on the website presumably replaced — before offering adequate explanations and assurances to its readers.

Fundamental principles
There are fundamental principles here that do not require prolonged analysis. Editorials are the opinion of the newspaper — not iterative content — and must be written by designated staff overseen by the most senior editor on duty. Transparency is paramount and stories created by artificial intelligence should carry a disclosure, just as stories from non-Herald sources carry a credit line.

Stuff’s Code of Practice is clear: “Any content (written, visual or audio) generated or substantially generated using generative AI will be transparently labelled outlining the nature of AI use, including the tool used.” It should be clear, too, to The Herald and its readers.

Assurances can and should be given now.

The Hobson’s Pledge advertisement that wrapped last Wednesday’s Herald is a different issue but, again, one the publisher has not handled well. It followed a government announcement that it disagrees with the Court of Appeal’s interpretation in a case defining the customary interests of iwi in the eastern Bay of Plenty, and it intends to change the Marine and Coastal Areas Act to set the bar higher for claims. The advertisement painted a picture of wholesale Māori “ownership” of the foreshore if the law did not change.

The Herald was immediately condemned for publishing the wrap-around, with Māori journalists expressing “profound shock and dismay”, Te Pāti Māori saying it “will no longer engage” with the newspaper, and social media posts calling for boycott.

The response from NZME was a statement that the company was “keenly aware of its obligations as a publisher and broadcaster, including in respect of legislation and Advertising Standards Authority (ASA) codes”.

“Advertising responsibility sits with NZME’s commercial team and is separate to NZ Herald editorial.

“The content is a paid ad from an independent advertiser and is clearly labelled as so.

“There are thousands of ads placed across our platforms every week and publishing an ad is in no way NZME’s endorsement of the advertised message, products, services or other.

“We’re reviewing our processes and policies around advocacy advertising.”

Answer to obvious questions?
All true (although in my day as editor I had responsibility for all published content), but that does not answer some obvious questions, the most important of which is whether it passed tests devised to deal with the thorny issue of advocacy advertising.

Last night The Herald announced — again through Shayne Currie — that it had rejected a second advocacy advertisement that Hobson’s Pledge had tried to place with the newspaper. As to why, it again said no more than “we are reviewing our policies and processes”. There was no expression of the reasons, in the meantime, the ad had been rejected.

The right to free expression is guaranteed by the Bill of Rights Act. That right, however, is not unlimited and judgment needs to be exercised in determining the boundaries in individual cases.

The Advertising Standards Authority has acknowledged advocacy advertising presents some of the greatest challenges facing its complaints procedures. Before they reach the complaints stage (and the Hobson’s Pledge advertisement is apparently the subject of a number already), the same challenges face the publications asked to publish them.

For that reason, the ASA has issued a fulsome guidance note on advocacy advertising. You can read the guidance here.

This was a wrap-around of The Herald, meaning that, although it was clearly labelled as a paid advertisement, it sat directly beneath the paper’s own masthead, which is more significant than if it had been carried on an inside page. The connection with the masthead means even greater care needs to be taken by the publisher in determining whether to accept the advertisement for publication or not.

The question NZME has yet to answer is whether it subjected the material to all of the tests set out in the ASA guidance note. If it did so and all the tests were passed by the first advertisement, there is a compelling free speech argument for its publication.

Disclosure statement
A decision to publish in such circumstances would benefit immensely from a disclosure statement from the editor (the custodian of the masthead) attesting to all of the steps that had been taken in judging fitness for publication. Similarly, readers should be informed whether the same tests had been applied in rejecting a second advertisement and how it differed from the one judged fit for publication.

The guidance note sets out a list of points against which an advocacy advertisement should be weighed:

• It must be clearly identified as an advertisement
• It must clearly state the identity and position of the advertiser
• Opinion must be clearly distinguishable from factual information
• Factual information must be able to be substantiated
• Any combination of opinion and fact must be justifiable
• It must not contain anything that is indecent, or exploitative, or degrading or likely to cause harm, or serious or widespread offence, or give rise to hostility, contempt, abuse, or ridicule
• Heed must be taken of the likely consumer takeout of the advertisement (in other words, whether there is there a contextual justification)

The guidelines also deal with the weight given to academic studies, the status of the organisation placing the advocacy advertisement, and the use of such advertising by official bodies.

I am making no judgement on the Hobson’s Pledge advertisements. If the first had been subjected to those tests by The Herald and had satisfactorily passed each of them, NZME could (and should) have informed readers of the fact.

If the advertisement had failed any of the tests, the company would have had legitimate and defensible reasons for rejecting it. It presumably has those solid grounds for rejecting the second advertisement.

Obviously contentious
The published wrap-around’s subject matter was so obviously contentious that The Herald should have gone to some lengths in the same edition to explain its decision to run it. Assuming the application of the ASA guidelines determined that it could be published, readers should have been informed of that fact.

Instead, they were given a bland statement of NZME’s awareness of standards, and little more in the announcement of the rejection of the second.

Given the likelihood of adverse reaction from some quarters to publication, the first advertisement should also have been a statement from the publisher justifying publication, perhaps as a matter of free expression in which all sides of an issue should be allowed to be aired because, in the words of John Milton’s Areopagitica, “in a free and open encounter” truth would prevail.

Similarly, last night it should have explained why the second iteration should not be subjected to that “free and open encounter”. In doing so, it might have invoked Stanley Fish’s essay There’s no such thing as free speech, and it’s a good thing, too in which he discusses the way in which free speech is, in fact, a space we carve out. It acknowledges that some forms of speech “will be heard as (quite literally) intolerable” and sit outside that space.

Dr Gavin Ellis holds a PhD in political studies. He is a media consultant and researcher. A former editor-in-chief of The New Zealand Herald, he has a background in journalism and communications — covering both editorial and management roles — that spans more than half a century. Dr Ellis publishes the website knightlyviews.com where this commentary was first published and it is republished by Asia Pacific Report with permission.

A New Zealand solidarity group for Palestine with a focus on settler colonialism has condemned the latest atrocities by the Israeli military in its attack on Rafah — in defiance of the International Court of Justice order last Friday to halt the assault — and also French brutality in Kanaky New Caledonia.

In its statement, Justice for Palestine (J4Pal) said that Monday had been “a day of unconscionable and unforgivable violence” against the people of Rafah.

As global condemnation over the attack on displaced Palestinians in a tent camp and the UN Security Council convened an emergency meeting on the ground invasion, a new atrocity was reported yesterday.

• READ MORE: Israel’s war on Gaza live: Tent cities attacked as tanks roll into Rafah
• Other Israeli War on Gaza reports

Israeli forces shelled a tent camp in a designated “safe zone” west of Rafah and killed at least 21 people, including 13 women and girls, in the latest mass killing of Palestinian civilians.

“Gaza deserves better. Kanaky deserves better. Aotearoa deserves better. All our babies deserve better,” said the group.

“It is not our role to articulate what indigenous Kanak people are fighting for. Kanak people are the experts in their own lives and struggle, and they must be listened to on their own terms at this critical moment,” the statement said.

“Our work for Palestinian rights is, however, part of a larger struggle against settler-colonialism. It is our duty, honour and joy to make connections in this common struggle.

‘Dangerous ideologies’
“These connections begin right here in Aotearoa, where Māori never ceded sovereignty. As New Zealand’s current government, France and Israel all demonstrate, the dangerous ideologies of colonialism are not yet the footnotes in history we strive to make them.

“We recognise common injustices:

• The failure of media to place the current uprising in the context of 150 years of history of French violence in Kanak,
• The characterisation of Kanak activists as ‘terrorists’ all while a militarised foreign force represses them on their own land,
• The deliberate transfer of a settler population to disenfranchise indigenous people and their control over their own territory,
• A refusal to engage with the righteous aspirations of the Kanak people, and
•The lack of support from Western governments around these aspirations.”

Justice for Palestine said in its statement that it was its sincere belief that a world without colonialism was not only necessary, it was near.

“With thanks to the steadfastness of not only Kanak, Māori and Palestinian people, and indigenous people everywhere.

“The struggle of the Kanak people is an inspiration and reminder that while we may face the brute power of empire, we are many, and we are not going anywhere.”

Justice for Palestine is a human rights organisation working in Aotearoa to promote justice, peace and freedom for the Palestinian people.

It added: “Now is the hour for Te Tiriti justice, and liberation for both the Kanak and Palestinian people.”

Is it just me or is it not more than a little odd that coverage of current events in New Caledonia/Kanaky is dominated by the inconvenience of tourists and rescue flights out of the Pacific paradise.

That the events are described as “disruption” or “riots” without any real reference to the cause of the actions causing inconvenience. The reason is the armed enforcement of “order” is flown into this Oceanic place from Europe.

I guess when you live in a place called “New Zealand” in preference to “Aotearoa” you see these things through fellow colonialist eyes. Especially if you are part of the dominant colonial class.

• READ MORE:  Macron says ‘peace, calm and security’ his top priority for New Caledonia
• LISTEN TO RADIO WAATEA: Interview with Jessie Ounei and David Small
• Liberation for New Caledonia’s Kanak people ‘must come’, says media educator — Audio
• President Emmanuel Macron to fly to New Caledonia within hours
• ‘You are not alone’ Pacific messages of solidarity for Kanaky
• Other Kanaky New Caledonia crisis reports

How different it looks if you are part of an indigenous people in Oceania — part of that “Indigenous Ocean” as Damon Salesa’s recent award-winning book describes it. The Kanaks are the indigenous Melanesian inhabitants of New Caledonia.

The indigenous movement in Kanaky is engaged in a fight against the political structures imposed on them by France.

Obviously there are those indigenous people who benefit from colonial rule, and those who feel powerless to change it. But increasingly there are those who choose to resist.

Are they disrupters or are they resisting the massive disruption which France has imposed on them?

People who have a lot of resources or power or freedom to express their culture and belonging tend not to “riot”. They don’t need to.

Not simply holiday destinations
The countries of Oceania are not simply holiday destinations, they are not just sources of people or resource exploitation until the natural resources or labour they have are exhausted or no longer needed.

They are not “empty” places to trial bombs. They are not “strategic” assets in a global military chess game.

Each place, and the ocean of which they are part have their own integrity, authenticity, and rights, tangata, whenua and moana. That is only hard to understand if you insist on retaining as your only lens that of the telescope of a 17th or 18th century European sea captain.

The natural alliance and concern we have from these islands, is hardly with the colonial power of France, notwithstanding the apparent keenness of successive recent governments to cuddle up to Nato.

A clue — we are not part of the “North Atlantic”.

We have our own colonial history, far from pristine or admirable in many respects. But we are at the same time fortunate to have a framework in Te Tiriti which provides a base for working together from that history towards a better future.

Those who would debunk that framework or seek to amend it to more clearly favour the colonial classes might think about where that option leads.

And when we see or are inconvenienced by independence or other indigenous rights activism in Oceania we might do well to neither sit on the fence nor join the side which likes to pretend such places are rightfully controlled by France (or the United States, or Australia or New Zealand).

Rob Campbell is chancellor of Auckland University of Technology (AUT), chair of Ara Ake, chair of NZ Rural Land and former chair of Te Whatu Ora. This article was first published by The New Zealand Herald and is republished with the author’s permission.

Thousands of people gathered before dawn in the Bay of Islands today to commemorate Aotearoa New Zealand’s Treaty of Waitangi amid heightened tensions between the coalition government and Māori.

Waitangi Trust chair Pita Tipene welcomed everyone and said the massive crowds were vastly different from when the country was stuck in the grip of the covid-19 pandemic.

“Several years ago when this commemoration and therefore this dawn service was not held because of the pressures of covid, I nonetheless came here with my mokopuna,” he said.

• READ MORE: Other Waitangi Day reports
• RNZ live news blog and listen to the RNZ broadcast with Mihingarangi Forbes and Julian Wilcox

“We were the only ones here, so when I look out at the throng of people it’s very different to that morning when we sat here on the maho and I was forced to give karakia myself.”

Tipene said moving forward as a nation means we were also moving forward as individuals “learning from each other”.

“When we learn to live with each other and our personal circumstances, I think we can all move forward too.”

Alistair Reese told the crowds Henry Williams, an Anglican priest who translated the English draft of the Treaty in Māori and explained its provisions to Māori leaders, told the chiefs that the Treaty was “Queen Victoria’s act of love to you”.

Reese said the Treaty was understood by many as a “sacrificial union”.

“It is an ethic that seeks the best outcome for the other and to paraphrase the apostle Paul, love is patient, love is kind, love does not dishonour others and love never fails,” he said.

“So if the Treaty was an act of love by Victoria to Māori, by extension it needs also to be an act of love by our government to Māori.”

Prime Minister Christopher Luxon shared a Bible reading from 1 Corinthians 12:12-27 about working as one body.

Labour leader Chris Hipkins said the Treaty was the country’s guide to navigating the challenges in partnership.

“Te Tiriti binds us together as we work towards a fairer Aotearoa, in which all of our people can flourish and prosper, [it] inspires us to be kind, to be compassionate, to be grateful and to do good.”

Departing Greens co-leader James Shaw chose a popular quote about love and Tina Turner’s “what’s love got to do with it” was also quoted in the speeches.

‘We’ve got a lot of work to do’ – Luxon

Prime Minister Christopher Luxon told RNZ’s Waitangi Day programme he wanted a country that was unified but respected differences too.

“I actually think that’s what’s amazing about Waitangi … where else on Earth would you see everyone, with all the diverse sets of opinions and views … actually all choose to come together and express those views in one place. I can’t think of any country that does it, I think it’s very unique and special.”

He said he had been inspired.

He visited a settlement on Friday with “Third World housing in a First World country”.

Luxon said the solution to housing was easing the consenting process, partnering up with iwi, and getting the money to the community to provide housing.

“When you look at the issues across Māoridom . . .  we’ve got a lot of work to do.”

Speaking about increased attention on ACT and New Zealand First, Luxon said that was the reality of MMP.

“New Zealand First, ACT and National are all very united on getting houses built for Māori up and down this country, so that’s where we have great commonality.”

This article is republished under a community partnership agreement with RNZ.

Aotearoa New Zealand coalition government leaders have rejected allegations they are degrading tino rangatiratanga, saying the proposed Treaty Principles Bill will not “delegitimise” Māori.

The criticism was levelled by protesters at the Waitangi Treaty Grounds today.

The leaders of National, ACT and NZ First faced a confronting reception, with the crowd booing NZ First’s Winston Peters and drowning out ACT’s David Seymour.

• READ MORE: Waitangi Day 2024: All the speeches and action from the Treaty Grounds on February 5
• In pictures: Government face raucous challenge at Waitangi
• Tame Iti brings Haki Ātea to Waitangi

Waitangi highlights. Video: RNZ News

But Prime Minister Christopher Luxon said there was “genuinely a sense of unity” and asked people to look beyond the “drama” of the protests and find common ground.

Ahead of the government’s arrival at the treaty grounds, veteran activist Tāme Iti led a hīkoi to the meeting house. The crowd carried white flags and chanted “honour Te Tiriti”.

A pōwhiri followed, with the biggest challenge reserved for Seymour, the leader of the ACT party and main proponent of the Treaty Principles Bill.

He faced a kāhui (group) of kaiwero, while Peters and Prime Minister Luxon were each challenged by one kaiwero.

Seymour then had his speech drowned out with a waiata before a protester walked onto the ātea and was stopped by security.

Seymour called for his opponents to “start talking about ideas and stop attacking people”.

‘Get some manners’
Peters was booed during his speech but quickly fired back.

“You tell me whoever said we’re getting rid of the Treaty of Waitangi. Stop the crap,” he said.

“Get some manners . . .  get an education.”

Among the protesters was Eru Kingi-Kapa, who told RNZ the government’s kōrero was degrading to the tino rangatiratanga of te ao Māori.

Seymour knocked back the allegations, saying ACT had a “long history” of allowing people to self-determine.

“We believe in tino rangatiratanga, perhaps more so than anyone.”

The coalition was devolving decision-making power to Māori, and it was the previous Labour government that “centralised everything”, such as Te Pūkenga, taking power away from Māori, he said.

Seymour described the pōwhiri as “pretty fiery”, but said, “I give as good as I get”.

Ahead of the government’s arrival at the treaty grounds, veteran activist Tāme Iti led a hīkoi to the meeting house. The crowd carried white flags and chanted “honour Te Tiriti”.

IN PICTURES | Politicians from National, NZ First and ACT have been welcomed onto Waitangi Marae – with the fiercest challenge reserved for David Seymour.

Here are some of the best moments caught on camera.

RNZ / Angus Dreaver
https://t.co/vON5JZLvW2 pic.twitter.com/viLoaTpFSk

— RNZ Te Ao Māori (@RNZTeAoMaori) February 5, 2024

“I don’t believe anything our government is doing is delegitimising a personal choice many people make to be Māori,” he said.

“If you choose to accentuate that part of your whakapapa, [you’re] entitled to do that.”

Jones said the government was funding wānanga and marae throughout the country: “None of that delegitimises Māori.”

However, the government was “opening up a debate” on the principles of the Treaty and how they were applied in New Zealand’s increasingly multicultural society, he said.

“We need to ensure, as this debate goes forward, we have a long-term view to the best interests of all Kiwis.”

Jones said he would take an active role in that debate.

He said some of the protesters were “unnecessarily rude”, but he understood where they were coming from.

“Young people . . . I was young once. Out in the hot sun, you can get carried away.”

National won’t support Treaty Principles Bill
Luxon used his speech to reflect on Aotearoa’s history, before talking about his vision for Aotearoa in 2040.

The promises of the Treaty were not upheld, he said.

“Every nation’s past isn’t perfect. But no other country has attempted to right its wrongs.”

Speaking to media, he said National had “no intention, no commitment” to support ACT’s Treaty Principles Bill beyond the first reading.

There would also no referendum on the Treaty of Waitangi, he said.

This article is republished under a community partnership agreement with RNZ.

The crowd booed a combative Deputy Prime Minister Winston Peters and drowned out Associate Treaty Minister David Seymour, while Prime Minister Christopher Luxon sombrely reflected on history at the Waitangi Treaty Grounds today.

It was a confronting reception for the coalition government.

Thousands gathered for the annual commemorations and to carry on the kōrero begun about the 1840 Treaty of Waitangi at last month’s nation-wide hui.

• READ MORE: Waitangi Day 2024: RNZ’s live news blog
• Waitangi Day 2024: 5 myths and misconceptions that confuse NZ’s 1840 Treaty debate

The scene had been set over the weekend, as opposition parties, iwi leaders and the Kiingitanga arrived on Te Whare Runanga in a show of solidarity.

Waitangi National Trust Board chair Pita Tipene said there was a “lot of tension in the air” and Tāme Iti led a white flag hikoi onto the Treaty Grounds this morning.

Activist lawyer Annette Sykes called out ACT leader David Seymour for “tinkering with Te Tiriti” and presenting “rewritten lines in te reo Māori to the nation that don’t make any sense”.

‘Behind closed doors’
“David Seymour I want to talk to you from my Pākehā whakapapa, not my Māori one.,” she said.

“My father was a staunch Catholic. He would never tinker with the testament of the Bible.

“The ten commandments are what he lived by. He would never presume the audacity he had the ability to do that.

“But you Mr Seymour, who doesn’t speak Māori and has had to let a woman speak today.

“You are putting forward a rewrite of Te Tiriti o Waitangi. You do it behind closed doors.

“Thank goodness. Who is the hero that leaked the document from the Ministry of Justice?”

This article is republished under a community partnership agreement with RNZ.

When it comes to grappling with the Treaty of Waitangi/Te Tiriti o Waitangi, one of the commonest responses is that it is a matter of interpretation. It seems to be a perfectly fair reaction, except that historical interpretation generally requires adherence to rules of evidence.

It is not a licence to make any claims whatsoever about the Treaty, and then to assert their truth by appealing to the authority of personal interpretation.

Yet since the 1970s New Zealanders have been faced with the paradoxical situation of a growing body of Treaty scholarship that has led to less consensus about its meaning and purpose.

• READ MORE: History and myth: why the Treaty of Waitangi remains such a ‘bloody difficult subject’
• Learning to live with the ‘messy, complicated history’ of how Aotearoa New Zealand was colonised
• Explainer: the significance of the Treaty of Waitangi

It is therefore worthwhile to investigate some of the more common misconceptions about the Treaty that have accrued over recent decades.

This will not lead to a definitive interpretation of the Treaty. But it might remove a few obstacles currently in the way of understanding it better.

The government has been warned to “be careful” with its policies affecting Māori at the National Iwi Chairs Forum (NICF) on Friday.https://t.co/8SskRWTxGo

— RNZ Te Ao Māori (@RNZTeAoMaori) February 2, 2024

1. The Treaty or Te Tiriti?
A common view persists that the English and Māori versions of the Treaty are fundamentally at odds with each other, especially over the central issue of sovereignty.

But research over the past two decades on British colonial policy prior to 1840 has revealed that Britain wanted a treaty to enable it to extend its jurisdiction to its subjects living in New Zealand.

It had no intention to govern Māori or usurp Māori sovereignty. On this critical point, the two versions are essentially in agreement.

2. The Treaty is not a contract
The principle of contra proferentem — appropriated from contract law — refers to ambiguous provisions that can be interpreted in a way that works against the drafter of the contract.

However, there are several problems in applying this principle to the Treaty. Firstly, treaties are different legal instruments from contracts. This explains why there are correspondingly few examples of this principle being used in international law for interpreting treaties.

Secondly, as there are no major material differences between the English and Māori versions of the Treaty when it comes to Māori retaining sovereignty, there is no need to apply such a principle.

And thirdly, under international law, treaties are not to be interpreted in an adversarial manner, but in good faith (the principle of pacta sunt servanda). Thus, rather than the parties fighting over the Treaty’s meaning, the requirement is for them to work with rather than against each other.

Nearly 400 people have marched down the main street of Kaitāia in a show of support for Te Tiriti o Waitangi.https://t.co/3BGtm8BMbw

— RNZ Te Ao Māori (@RNZTeAoMaori) February 2, 2024

3. Relationships evolve over time
No rangatira (chief) ceded sovereignty over their own people through the Treaty. Nor was that Britain’s intention — hence Britain’s recognition in August 1839 of hapū (kinship group) sovereignty and the guarantee in the Treaty that rangatiratanga (the powers of the chiefs) would be protected.

Britain simply wanted jurisdiction over its own subjects in the colony. This is what is known as an “originalist” interpretation — one that follows the Treaty’s meaning as it was understood in 1840.

This has several limitations: it precludes the emergence of Treaty principles; it wrongly presumes that all involved at the time of the Treaty’s signing had an identical view on its meaning; and, crucially, it ignores all subsequent historical developments.

Treaty relationships evolve over time in numerous ways. Originalist interpretations fail to take that into account.

4. Questions of motive
British motives for the Treaty were made explicit in 1839, yet in the following 185 years false motives have entered into the historical bloodstream, where they have continued circulating.

What Britain wanted was the right to apply its laws to its people living in New Zealand. It also intended to “civilise” Māori (through creating the short-lived Office of Protector of Aborigines) and protect Māori land from unethical purchases (the pre-emption provision in Article Two of the Treaty).

And Britain wanted to afford Māori the same rights as British subjects in cases where one group’s actions impinged on the other’s (as in the 1842 Maketū case, involving the conviction for murder and execution of a young Māori man).

The Treaty was not a response to a French threat to New Zealand. And it was not an attempt to conquer Māori, nor to deceive them through subterfuge.

5. Myths of a ‘real’ Treaty and 4th article
Over the past two decades, some have alleged there is a “real” Treaty — the so-called “Littlewood Treaty” – that has been concealed because it contains a different set of provisions. Such conspiratorial claims are easily dispelled.

The text of the Littlewood Treaty is known and it is merely a handwritten copy of the actual Treaty. And, most obviously, it cannot be regarded as a treaty on the basis that no one signed it.

Another popular myth is that there is a fourth article of the Treaty, which purportedly guarantees religious freedom. This article does not appear in either the Māori or English texts of the Treaty, and there is no evidence the signatories regarded it as a provision of the agreement.

It is a suggestion that emerged in the 1990s, but lacks any evidential or legal basis.

Finally, there is the argument that the Treaty supports the democratic process. In fact, the Treaty ushered in a non-representative regime in the colony. It was the 1852 New Zealand Constitution Act that gave the country a democratic government – a statute that incidentally made no reference to the Treaty’s provisions.

This list is not exhaustive. But in dispensing with areas of poor interpretation, we can improve the chances of a more informed and productive discussion about the Treaty.

Dr Paul Moon is professor of history, Auckland University of Technology. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

The ACT Party’s election promise of a referendum for Aotearoa New Zealand to redefine and enshrine the “principles” of the Te Tiriti o Waitangi (Treaty of Waitangi) is likely to dominate debate at this year’s Rātana and Waitangi Day events.

ACT’s coalition agreement with the National Party commits the government to supporting a Treaty Principles Bill for select committee consideration. The bill may not make it into law, but the idea is raising considerable alarm.

Leaked draft advice to Cabinet from the Ministry of Justice says the principles should be defined in legislation because “their importance requires there be certainty and clarity about their meaning”. The advice also says ACT’s proposal will:

change the nature of the principles from reflecting a relationship akin to a partnership between the Crown and Māori to reflecting the relationship the Crown has with all citizens of New Zealand. This is not supported by either the spirit of the Treaty or the text of the Treaty.

Setting aside arguments that the notion of “partnership” diminishes self-determination, the 10,000 people attending a hui at Tūrangawaewae marae near Hamilton last weekend called by King Tūheitia were motivated by the prospect of the Treaty being diminished.

• READ MORE: Why redefining the Treaty principles would undermine real political equality in NZ
• The kīngitanga movement: 160 years of Māori monarchy
• Putting te Tiriti at the centre of Aotearoa New Zealand’s public policy can strengthen democracy – here’s how

Do we need Treaty principles?
The Treaty principles were developed and elaborated by parliaments, courts and the Waitangi Tribunal over more than 50 years to guide policy implementation and mediate tensions between the Māori and English texts of the document.

The Māori text, which more than 500 rangatira (chiefs) signed, conferred the right to establish government on the British Crown. The English text conferred absolute sovereignty; 39 rangatira signed this text after having it explained in Māori, a language that has no concept of sovereignty as a political and legal authority to be given away.

Because the English text wasn’t widely signed, there is a view that it holds no influential standing, and that perhaps there isn’t a tension to mediate. Former chief justice Sian Elias has said: “It can’t be disputed that the Treaty is actually the Māori text”.

On Saturday, Tūheitia said: “There’s no principles, the Treaty is written, that’s it.”

This view is supported by arguments that the principles are reductionist and take attention away from the substance of Te Tiriti’s articles: the Crown may establish government; Māori may retain authority over their own affairs and enjoy citizenship of the state in ways that reflect equal tikanga (cultural values).

Author and Professor of Māori Studies at the University of Auckland, Margaret Mutu, who was in attendance at the recent hui-ā-iwi at Tūrangawaewae marae, says the government is required to honour Te Tiriti o Waitangi.https://t.co/zSusoi5RER pic.twitter.com/dMrxjtMRan

— 95bFM News (@95bFMNews) January 26, 2024

Democratic or undemocratic?
The ACT Party says this is undemocratic because it gives Māori a privileged voice in public decision making. Of the previous government, ACT has said:

Labour is trying to make New Zealand an unequal society on purpose. It believes there are two types of New Zealanders. Tangata Whenua, who are here by right, and Tangata Tiriti who are lucky to be here.

Liberal democracy was not the form of government Britain established in 1840. There’s even an argument that state government doesn’t concern Māori. The Crown exercises government only over “its people” – settlers and their descendants. Māori political authority is found in tino rangatiratanga and through shared decision making on matters of common interest.

Tino rangatiratanga has been defined as “the exercise of ultimate and paramount power and authority”. In practice, like all power, this is relative and relational to the power of others, and constrained by circumstances beyond human control.

But the power of others has to be fair and reasonable, and rangatiratanga requires freedom from arbitrary interference by the state. That way, authority and responsibility may be exercised, and independence upheld, in relation to Māori people’s own affairs and resources.

Assertions of rangatiratanga
Social integration — especially through intermarriage, economic interdependence and economies of scale — makes a rigid “them and us” binary an unlikely path to a better life for anybody.

However, rangatiratanga might be found in Tūheitia’s advice about the best form of protest against rewriting the Treaty principles to diminish the Treaty itself:

Be who we are, live our values, speak our reo (language), care for our mokopuna (children), our awa (rivers), our maunga (mountains), just be Māori. Māori all day, every day.

As the government introduces measures to reduce the use of te reo Māori in public life, repeal child care and protection legislation that promotes Māori leadership and responsibility, and repeal water management legislation that ensures Māori participation, Tūheitia’s words are all assertions of rangatiratanga.

Those government policies sit alongside the proposed Treaty Principles Bill to diminish Māori opportunities to be Māori in public life. For the ACT Party, this is necessary to protect democratic equality.

In effect, the proposed bill says that to be equal, Māori people can’t contribute to public decisions with reference to their own culture. As anthropologist Dr Anne Salmond has written, this means the state cannot admit there are “reasonable people who reason differently”.

Today thousands answered the Māori Kings call for unity by descending on Tūrangawaewae marae for a national hui to discuss Act’s proposal to redefine the principles of the treaty. Here’s David Seymour being grilled by @moanatribe on his questionable use of the word apartheid. pic.twitter.com/1E9pItTqLm

— Kelvin Morgan (@kelvin_morganNZ) January 20, 2024

Liberal democracy and freedom
Equality through sameness is a false equality that liberal democracy is well-equipped to contest. Liberal democracy did not emerge to suppress difference.

It is concerned with much more than counting votes to see who wins on election day.

Liberal democracy is a political system intended to manage fair and reasonable differences in an orderly way. This means it doesn’t concentrate power in one place. It’s not a select few exercising sovereignty as the absolute and indivisible power to tell everybody else what to do.

This is because one of its ultimate purposes is to protect people’s freedom — the freedom to be Māori as much as the freedom to be Pakeha. If we want it to, democracy may help all and not just some of us to protect our freedom through our different ways of reasoning.

Freedom is protected by checks and balances on power. Parliament checks the powers of government. Citizens, including Māori citizens with equality of tikanga, check the powers of Parliament.

One of the ways this happens is through the distribution of power from the centre — to local governments, school boards and non-governmental providers of public services. This includes Māori health providers whose work was intended to be supported by the Māori Health Authority, which the government also intends to disestablish.

The rights of hapū (kinship groups), as the political communities whose representatives signed Te Tiriti, mean that rangatiratanga, too, checks and balances the concentration of power in the hands of a few.

Checking and balancing the powers of government requires the contribution of all and not just some citizens. When they do so in their own ways, and according to their own modes of reasoning, citizens contribute to democratic contest — not as a divisive activity, but to protect the common good from the accumulation of power for some people’s use in the domination of others.

Te Tiriti supports this democratic process.

Dr Dominic O’Sullivan is adjunct professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and professor of political science, Charles Sturt University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

New Zealand Prime Minister Christopher Luxon has been warned that Māori will not sit by without a fight if the government attempts to meddle with te Tiriti o Waitangi.

As politicians of all stripes have flocked to Rātana near Whanganui, it was a rare chance for Māori to address politicians directly on the pae — something that holds extra weight this year, because the annual celebrations come so soon after last weekend’s national hui.

Among those in attendance were Labour and Green MPs, Prime Minister Luxon, Deputy Prime Minister Winston Peters, and Fisheries Minister Shane Jones, while Te Pāti Māori were welcomed on Tuesday. ACT did not have a representative there.

• READ MORE: Former Pacific minister ‘lights fire of spirit’ supporting Māori at unity hui
• Rātana 2024 celebrations in pictures – RNZ

Rāhui Papa, a representative of the Kiingitanga and Waikato-Tainui, said they were watching the rhetoric coming out of the Beehive very closely.

“Quite frankly, te iwi Māori — and the hui at Turangawaewae confirmed, the hui here at Rātana has confirmed — that if there is any measure of meddling with Te Tiriti o Waitangi, Māori will not sit idly by.

“The message is: The Tiriti o Waitangi is sacrosanct in the view of te ao Māori. We truly believe that the only treaty in town is the one that was written in the indigenous language.”

Amid a climate of concern over the Treaty Principles legislation, Luxon is calling for calm over a bill he himself has said feels divisive.

Government ‘will honour the Treaty’
“The government has no plans and never has had plans to amend or revise the Treaty, or the Treaty settlements that we have all worked so hard together to achieve.

“The government will honour the Treaty.”

His speech to the Rātana faithful largely a speech to all Māori — and focusing on his favourite word: outcomes.

“Ours will be a government with goals for better healthcare, better school achievement, and less welfare dependency.

“When I talk about wanting better outcomes, I’m not talking about giving out hand-outs to close the gaps. I want to improve the opportunities so that people who are prepared to get to work and work hard, can make the most of their opportunities and get ahead.”

Ratana representative Kamaka Manuel told the government that promise of better outcomes was hard to believe.

“What we do see is the first part of the word ‘outcomes’ — or like ‘Māori out’ — and we’re left with the last part: ‘how come’.”

Māori outcomes ‘gone backwards’
He once again reiterated his claim that outcomes for Māori had gone backwards under Labour, and that National had “no intention and no commitment” to take ACT’s Treaty Principles Bill beyond a first reading.

There may be no commitment or intention at this point to do so, but Luxon has repeatedly refused to categorically rule out further support for it.

“It’s consistent with our coalition agreements, we have said and I don’t know how to be any clearer about it, there is no commitment to support it beyond the first reading.”

He was asked by reporters if he would say National would clearly say they would not support it further, but Luxon again said there was “no intention, no commitment”.

For a day full of politicians, Rātana is not supposed to be overtly political.

Deputy Prime Minister Peters acknowledged that — but still gave a political speech anyway — lashing out at Labour to pockets of heckling.

“These people will promise you a bridge where there is no river . . . I want to ask you this question: what’s their record?.”

impromptu standup
In an impromptu standup with reporters, NZ First’s Shane Jones said a review of the Waitangi Tribunal would need to address whether its powers should remain intact.

“An institution that’s been around for 50 years should not expect to continue on uncritically for another set of decades without being reviewed.”

Spurred on by speeches from the morehu, Labour’s Willie Jackson said it had made the opposition parties more united than ever.

“What they were saying the whaikōrero was that there was one enemy . . . and the enemy was the government, and so they wanted us to all . . . to come together as a group — Greens, Pāti Māori, Labour.”

Labour leader Chris Hipkins, in his first public appearance of the year, spent all of a minute talking about Labour’s deep connection to Rātana — and then went on the attack.

“The role of us as political leaders is to light that path forward, it’s not to exploit the fear that comes from uncertainty.”

Hipkins said the current government’s approach was emboldening racism, which he later clarified related to things like the Treaty Principles Bill.

Policies ‘enable racism’
“I don’t think those are things that a responsible government should do.

“The policies of this current government encourage, foster, and enable racism in New Zealand and we should call that out for what it is.”

This time last year, Hipkins was speaking as prime minister. He now admitted — from the benefit of hindsight — the last government didn’t get it all right.

“One of the things that we didn’t get right was that making sure we were bringing non-Māori New Zealanders along with us on that journey.”

There was a notable absentee — the ACT Party, whose Treaty Principles Bill National has agreed to support to Select Committee, but no further.

“We know there could have been some trepidation like last week at Turangawaewae where we only had a couple from the three-headed taniwha government that we have in New Zealand today,” Rāhui Papa said.

‘Dishonour’ to Māori world
Greens’ co-leader Marama Davidson told reporters that ACT’s no-show at Rātana was a display of “absolute ignorance” and a dishonour to the Māori world.

“It dismisses the mana and the importance of Ratana, of Wiremu Pōtiki Ratana, and te ao Māori and their political voice.”

But David Seymour was brushing off the criticism.

“There was a time when they didn’t manage to invite me and now they seem to be complaining that they’ve invited me but I haven’t come. I guess one day the stars will align.”

Seymour has never attended Rātana festivities, describing it as a “religious event”, but he will be attending Waitangi next month.

This article is republished under a community partnership agreement with RNZ.

Pacific peoples joined with tangata whenua at the weekend, calling on the Aotearoa New Zealand government to uphold indigenous principles and language.

Twelve thousand people attended the unity hui at Tuurangawaewae Marae on Saturday, called by the Kiingitanga to discuss what is being seen as anti-Māori actions by the new coalition government.

Former Minister for Pacific Peoples Aupito William Sio was a panel speaker, saying it was “an absolute privilege to support and participate in this vital work”.

• READ MORE: NZ opposition parties urge PM Luxon to shut down ‘erase treaty’ bill
• More than 10,000 turn out for NZ’s national Hui-ā-Iwi at Tūrangawaewae

“It is right for Maori to lead this conversation and not politicians, as the political timeline is short-term while Maori perspectives are long-term and intergenerational.”

Aupito said these conversations were not just limited to Māori peoples, but needed to be held within strong leadership structures.

“This is the right time to have a conversation on nationhood and identity, and using indigenous knowledge and cultural intelligence and frameworks is better than using Pakeha frameworks that have often been the source of pain, harm and colonisation.”

Aupito was also asked to light one of the fires representing the mauri, or spirit of the words shared — the wind then carrying the message across the country.

‘Privilege to light fire’
“It was a privilege to be asked to light a fire as a symbol of Pacific people’s support and for the spirit of the event to now spread among the Pacific communities throughout Aotearoa New Zealand.”

In his speech, Kiingi Tuheitia Pootatau said the political message had been heard around the world.

“We’ve sent a strong message, and that message has been heard around the world . . .  our time is now, kotahitanga (unity) is the way.”

Auckland union organiser Teisa Unga said Pacific communities needed to look back on the shared history with New Zealand to understand shared ties with tangata whenua.

“We’ve grown up, and because we haven’t been taught our history, we actually don’t know the road map of where we are right now and we have this sense of amnesia.

“We need to look back and actually remember who we are, where we come from, and then that’ll start igniting a fire that we need to take it back to the culture and Te Tiriti, remembering that that was there first.”

Tongan community leader Pakilau Manase Lua said it was disappointing that Prime Minister Christopher Luxon was not there to hear the concerns of Māori iwi.

‘Unfortunate that PM’s not here’
“It’s unfortunate that he’s not here — in saying that, we’ve got Waitangi coming up, and what was said here probably will be repeated at Waitangi.

“The atmosphere here was still a little bit charged, with some quite heavy topics that are being discussed, but it’s been amazing.”

Mana Moana programme director Dr Karlo Mila said she was impressed by the clear intentions laid out by different cross sections of iwi.

“What was quite amazing for me, was to see different hapu and iwi come forth with really, really clear resolutions about what they wanted to put forward so that they could get some kind of unity around it, there was a lot of coherency in their messages.

“It felt like a real moment in history for all the provocations that are coming from the new government.”

This week, Prime Minister Christopher Luxon will aim to reassure Māori leaders about the coalition government’s actions at the annual Ratana gathering, where both he and Deputy Prime Minister Winston Peters are expected to speak.

Republished with permission.

RNZ News

New Zealand’s opposition parties have seized on a leaked ministerial memo about the coalition government’s proposed Treaty Principles bill, saying the prime minister should put a stop to it.

ACT is defending the bill, while National has repeated its position of supporting it no further than select committee.

Te Pāti Māori co-leader Rawiri Waititi posted a screenshot of part of a page of the leaked document on social media on Friday, saying it showed the government’s “intentions to erase Te Tiriti o Waitangi”.

• READ MORE:  More than 10,000 turn out for NZ’s national Hui-ā-Iwi at Tūrangawaewae
• NZ government confirms leaked document was a ministry Treaty Principles bill memo
• Luxon defends decision not to attend nationwide hui
• RNZ live news feed

1News also reported that it had a full copy of the leaked report, which it said warned the proposal’s key points were “at odds with what the Treaty of Waitangi actually says”.

Ministry of Justice chief executive Andrew Kibblewhite confirmed the leak “of a draft paper seeking to include the Treaty of Waitangi Bill in the Legislation Programme for 2024” would be investigated.

“We are incredibly disappointed that this has happened. Ministers need to be able to trust that briefing papers are treated with utmost confidentiality, and we will be investigating the leak as a priority.

“All proposed Government Bills are assigned a priority in the Legislation Programme. The draft paper was prepared as part of that standard process, and had a limited distribution within the Ministry of Justice and a small number of other government agencies.

“We will be keeping Minister [of Justice Paul] Goldsmith informed on our investigation and will not be making any further comment at this stage.”

ACT: ‘That is what I believe our country needs’
The bill was an ACT Party policy during the election, which National in coalition negotiations agreed to progress only as far as the select committee stage. Prime Minister Christopher Luxon in Parliament last year said “that’s as far as it will go”.

Party leader David Seymour defended the bill.

“Over the last 40 years, the principles of the Treaty have evolved behind closed doors with no consultation of the average New Zealander, no role for them to play in it whatsoever,” he said.

That referred to the courts’ attempts over the last few decades to reconcile the differences between the English and reo Māori texts of the Treaty, based in part on the findings of the Waitangi Tribunal — an independent body set up by a previous National government to examine the Treaty’s role in New Zealand.

Seymour said people in the bureaucracy had become set in that way of thinking about the Treaty, but that it had made the country feel more divided by race.

“And when ACT comes along and says, ‘hey, we need to have an open discussion about this and work towards a unified New Zealand’, you expect that they’re going to be resistant. Nonetheless, there’s the band aid this government has, and that is what I believe our country needs.

“I believe that once people see an open and respectful debate about our founding document and the future of our constitutional settings, that’s actually something that New Zealanders have been wanting for a long time that we’re delivering, and I suspect it might be a bit more popular than the doomsayers anticipate.”

In a statement, he said the party was speaking for Māori and non-Māori alike who believed division was one of the greatest threats to New Zealand.

“We’re proposing a proper public debate on what the principles of the Treaty actually mean in the context of a modern multi-ethnic society with a place in it for all.

“ACT’s goal is to restore the mana of the Treaty by clarifying its principles. That means the New Zealand government has the right to govern New Zealand, the New Zealand government will protect all New Zealanders’ authority over their land and other property, and all New Zealanders are equal under the law, with the same rights and duties.”

He said they would be consulting all New Zealanders on it, and once it got to select committee they would have a chance to recommend changes to the bill, which would then be put to the public as a referendum.

Te Pāti Māori: ‘The worst way of rewriting the Tiriti’
Te Pāti Māori co-leader Debbie Ngarewa-Packer told RNZ News she was not surprised to see ministry officials warning against the bill.

“The extent and the depth of the erasing of Tangata Whenua, the arrogance to assume to rewrite a Treaty based on one partner’s view — and that was a partner who only had 50 rangatira sign — is really alarming.”

She said she did not trust Prime Minister Christopher Luxon would not support the bill any further than the select committee stage.

“It’s the worst way of rewriting the Tiriti we could ever have expected, it’s made assumptions that don’t exist and again has highlighted that they rate the English version of te Tiriti.

“I’m not quite sure when the last time you could believe everything a prime minister said was factual,” she said.

“The prime minister has been caught out in his own lies . . . the reality is that a clever politician and intentional coalition partner will roll anyone out of the way to make sure that something as negatively ambitious as what this rewrite is looking like can happen.”

She said one of Māoridom’s biggest aspirations was to be a thriving people “and ensure that through our whakapapa te Tiriti is respected”, she said, criticising Luxon’s refusal to attend this weekend’s national hui.

“He didn’t have to be the centre of all the discussions, a good leader listens,” she said.

Labour: ‘A total disgrace and a slap in the face for the judiciary’
Labour’s Māori Development spokesperson Willie Jackson however said the bill was a “total breach” of the Treaty, its obligations, and the partnership between Māori and the Crown.

“It’s a total attack on the Treaty and the partnership that we have, that Māori have with the Crown, and it continues the negative themes from this government from day one.

“The reality is that the Treaty principles — in terms of what’s been drawn up in terms of the ‘partnership’ — was already a compromise from Māori. That’s why the judiciary wrote up the partnership model — so if they want to go down this track they’ll open up a can of worms that they’ll live to regret.”

He said the government should not be pushing ahead with the bill.

“Absolutely, absolutely not, and Luxon should show some leadership and rule it out now. This is a disgrace, what ACT are doing, a total disgrace and a slap in the face for the judiciary and all the leaders who in past years have entrenched the partnership.

“You’re talking about National Party leaders like Jenny Shipley, Jim Bolger, Doug Graham, John Key. This is just laughable and idiotic stuff that is coming from Seymour, and Luxon should shut this down now because it goes in the face of legal opinion, legal history, judiciary decisions since 1987, prime ministerial decisions from National and Labour.

“All of a sudden we’ve got this so-called expert Seymour who thinks he knows more than every prime minister of the last 40 years and every High Court judge, Supreme Court judge — you name it … absolute rubbish and it should be thrown out.”

He said Seymour was “trying to placate his money men . . .  trying to placate some of his extreme rightwing mates”.

He did not trust the government to do as Luxon had said it would, and end support for the bill once it reached select committee.

“I mean surely this government would be the last group of people you’d trust right now wouldn’t you think? These are people that are going to disband our magnificent smokefree laws to look after their tax cuts.

“They also must be told in no uncertain terms that there can be no compromise on the Treaty relationship.”

Greens: ‘All of the kupu are a breach’
Green Party Māori Development spokesperson Hūhana Lyndon also said the government should not proceed with the bill, arguing all the words proposed by ACT for replacing the principles were a breach of the Treaty itself.

“All of the kupu are a breach to Te Tiriti o Waitangi, and this is the choice of the National government to allow this to go ahead into select committee. There’s been no consultation with te iwi Māori or the general public.

“The government shouldn’t proceed with it. Te Tiriti o Waitangi is Te Tiriti o Waitangi — and those words need to be given effect to by the government, any changes to Te Tiriti o Waitangi is between hapū, iwi and the Crown.”

She said the new words proposed to assert a specific interpretation of te Tiriti and its historical context “does not give effect to te Tiriti and does not honour the sacred covenant that our tūpuna signed up for”.

“Ultimately, as we can see, even the government advice is cautioning strongly that the proposed words in the Treaty principles bill will be contentious, and could splinter — and, in fact, undermine — the strong relationship of te iwi Maori with the Crown to date as we have our ongoing conversation around how we honour te Tiriti o Waitangi.

“As we’ve seen with this government thus far, they are rushing through bad legislation under urgency, and this is no different to what we saw before Christmas.”

National: ‘It’s just a simple coalition agreement’
National’s Justice Minister Paul Goldsmith repeated to RNZ the party’s stance was to only progress it as far as the select committee, and no further.

“That’s what the prime minister has indicated,” he said. Asked why the government was even supporting it that far, he said it was part of the coalition agreement.

“Look, it’s just a simple coalition agreement that we have with the ACT Party, we agreed to support it to the select committee so that these matters can be given a public hearing, people can debate it. And so that was the agreement that we had.

“The process that we’ve got will introduce a bill that will have the select committee hearing, lots of different views on it and its merits.”

Asked about National’s position on whether the Treaty principles needed to be defined in law, he said their position was very clear, “that we support this piece of legislation going to the Select Committee and that’s as far as our support goes”.

He rejected Waititi’s suggestion it was an attempt to erase the Treaty.

“Look, I think there’ll be a lot of inflamed rhetoric over the coming weeks, and I’m not going to contribute to that . . . there’s no intention whatsoever to erase the Treaty and that’s not what this bill would do.”

When asked about the memo’s author saying the bill would be in opposition to the Treaty itself, he said the memo was a draft and the matter would be debated at select committee.

This article is republished under a community partnership agreement with RNZ.

In his maiden speech to Parliament in 2020, Te Pāti Māori co-leader Rawiri Waititi told his fellow MPs:

You know what it feels like to have a pebble in your shoe? That will be my job here. A constant, annoying to those holding onto the colonial ways, a reminder and change agent for the recognition of our kahu Māori.

Three years later, most would agree that he and fellow co-leader Debbie Ngarewa-Packer have been just that — visible, critical, combative, prepared to be controversial.

The question in 2023, however, is how does the party build on its current platform, grow its base, and become more than a pebble in the shoe of mainstream politics?

Recent polls suggest Te Pāti Māori could win four seats in Parliament in October. But its future doesn’t necessarily lie in formally joining either a government coalition or opposition bloc, even if this were an option.

The National Party has already ruled out working with the party in government. And Te Pāti Māori has indicated partnership with either major party is not a priority.

Such are the challenges for a political party based on kaupapa Māori (incorporating the knowledge, skills, attitudes and values of Māori society) in a Westminster-style parliamentary system.

Focusing on Māori values
These tensions have existed since 2004, when then-Labour MP Tariana Turia and co-leader Pita Sharples established Te Pāti Māori in protest against Labour’s Foreshore and Seabed Act.

Under that law, overturned in 2011, the Crown was made owner of much of New Zealand’s coastline. Turia and others argued the government was confiscating land and ignoring Māori customary ownership rights.

As a kaupapa Māori party, Te Pāti Māori bases its policies and constitution on tikanga (Māori values), while advocating for mana motuhake and tino rangatiratanga. That is, Māori self-determination and sovereignty, as defined by the Māori version of te Tiriti o Waitangi/Treaty of Waitangi.

A tikanga-based constitution has helped shape policies advocating for Māori rights. But it has also, at times, sat at odds with the rules of Parliament.

Waititi, for example, called pledging allegiance to Queen Elizabeth II “distasteful”. He also refused to wear a tie, breaching parliamentary dress codes.

Between left and right
Over the years, the party’s Māori-centred policies have enabled its leaders to move between left and right wing alliances.

Under the original leadership of Turia and Sharples, Te Pāti Māori joined with the centre-right National Party to form governments in 2008, 2011 and 2014. This was a change from traditional Māori voting patterns that had long favoured Labour.

During it’s time in coalition with National, Te Pāti Māori helped influence a number of important decisions. This included finally signing the United Nations Declaration on the Rights of Indigenous Peoples, the development of Whanau Ora (a Māori health initiative emphasising family and community as decision makers), and repealing the Foreshore and Seabed Act.

However, internal fighting over the decision to align with National led to the resignation of the Te Tai Tokerau MP at the time, Hone Harawira. Harawira later formed the Mana Party.

The relationship with National proved unsustainable when Labour won back all the Māori electorates at the 2017 election. Notably, Labour’s Tāmati Coffey beat te Pāti Māori co-leader Te Ururoa Flavell in the Waiariki electorate.

Rebuilding Te Pāti Māori
Waiariki was front and centre again in the 2020 election, where despite Labour’s general dominance across the Māori electorates, new Te Pāti Māori co-leader Rawiri Waititi reclaimed the seat. The party also managed to win enough of the party vote to bring co-leader Ngarewa-Packer into Parliament with him.

Sitting in opposition this time, the current party leaders have been vocal across a range of issues. The party has called for the banning of seabed mining, removing taxes for low-income earners, higher taxes on wealth, and lowering the superannuation age for Māori.

It hasn’t all been smooth sailing. Some policies, such as 2020’s “Whānau Build” have caused discomfort. Aimed largely at addressing the housing crisis, Whānau Build identified immigration as the root of Māori homelessness.

It was a sentiment more often associated with the extreme right, and the party has since apologised for that part of the policy.

Contesting more seats in 2023
Those bumps and missteps notwithstanding, recent polls show just how competitive Te Pāti Māori has become in the Māori electorates.

Ex-Labour MP Meka Whaitiri — an experienced politician who has held the Ikaroa-Rāwhiti electorate since 2013 but left to join Te Pāti Māori this year — is in a tight race to regain her seat against new Labour candidate Cushla Tangaere-Manuel.

Co-leader Ngarewa-Packer is also running a close race against Labour candidate Soraya Peke-Mason for the Te Tai Hauāuru electorate — a Labour stronghold.

But Te Pāti Māori has also shifted from its previous focus on the Māori electorates, with Merepeka Raukawa-Tait standing in the Rotorua general electorate.

The Māori Electoral Option legislation, which came into effect this year, now allows Māori voters to change more easily between electoral rolls. In future, Te Pāti Māori may find it can best to serve Māori by standing candidates in general electorates.

Broader social change across Aotearoa New Zealand has also likely been an important contributor to the success of Te Pāti Māori, with greater understanding of Te Tiriti o Waitangi, tikanga and te reo Māori among voters.

Indeed, the current party vision of an “Aotearoa Hou” (New Aotearoa), includes reference to tangata tiriti, a phrase being popularised to refer to non-Māori who seek to honour partnerships based on Te Tiriti o Waitangi.

According to the most recent polling, Te Pāti Māori may not be the deciding factor in who gets to form the next government come October.

But the party’s resilience and growth after it’s electoral disappointments in 2017 and 2020 show an ability to rebuild. In doing so, it is carving out it’s place in New Zealand’s political landscape.

And if Te Pāti Māori is not the kingmaker in 2023, it is still on the path to influence — and potentially decide — elections in the not-too-distant future.

Annie Te One is lecturer in Māori Studies at Te Herenga Waka — Victoria University of Wellington. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Tui Rererangi Walsh O’Sullivan, 4 July 1940 — 20 May 2023

Kia ora koutau katoa. Kia ora mo o koutou haerenga i te ahiahi nei. Kia ora mo o koutou aroha, o koutou karakia mo Tui i te wa o tona harenga ki te rangi.

I whanau mai a Tui, kei Kaitaia, hei uri o Te Rarawa, i te tau kotahi mano, iwa rau, wha tekau.

Tui was born in Kaitaia in 1940 — exactly 100 years after her great-great grandfather, Te Riipi, signed the Treaty of Waitangi. She was descended, too, from a Scotsman, John Borrowdale who named his boat Half Caste — after his children. Such was the mystery of race, life and family in 19th century Northland.

• READ MORE: Tui O’Sullivan: Lifetime of devotion to Māori and Pacific student success

Tui was the last born child of Jack and Maata Walsh, and sister of John, Pat, Rose and Michael. Maata was Te Rarawa, from Pukepoto. Tui lies alongside her at Rangihoukaha Urupa in Pukepoto. She was named Tui Rererangi, the flying bird in the sky, in honour of her uncle Billy Busby — a World War II fighter pilot.

Maata died when Tui was two years old. She and Rose and their brothers were raised by their father, Jack Walsh, his mother Maud and his sister Lil. Maud was born in Townsville. Her father was a lacemaker from Nottingham who emigrated, with his wife, firstly to Australia and then to the far North of New Zealand.

Jack was born in Houhora and died when Tui was 23. Jack’s father emigrated from Limerick.
Early in the next century, the writer Frank McCourt described Limerick, just as it had been in Timothy Walsh’s time, “It was, of course, a miserable childhood: the happy childhood is hardly worth your while. Worse than the ordinary miserable childhood is the miserable Irish childhood, and worse yet is the miserable Irish Catholic childhood.”

It was a better world these people sought, in and with, Te Rarawa.

Tui’s story — almost 83 years — spans a time of rapid social, political and technological development in New Zealand and the world. Her contribution was transformative for the many, many, people she encountered in her professional, social and family lives.

Tui’s schooling began at Ahipara Native School. Transcending the government’s official purpose of the Native School, of “lead[ing] the lad to be a good farmer and the girl to be a good farmer’s wife” — Tui left primary school with a Ngarimu VC and 28th Maori Battalion Scholarship to St Mary’s College in Ponsonby.

Some of her friends from St Mary’s are here today, and her granddaughter, named in her honour, started at the school this year.

Disrupting social orthodoxy was Tui’s life. On leaving school, she enrolled at the University of Auckland, completing a degree in English and anthropology part-time over the next 20 years. During these years she trained as a primary school teacher, working in Auckland, Wellington, Cambridge, Athens and London.

In the past week, we took a phone call from somebody Tui had taught at Kelburn Normal School in the 1960s. Such was Tui’s impact.

I was born in Hamilton in 1970. Deirdre in Cambridge in 1973. We moved to Northcote Point in 1975 and, in 1977, Tui became the first woman and the first Māori appointed to a permanent position at what was then the Auckland Technical Institute. I remember her telling me she was going for a job interview and coming into this Church to pray that she would be successful. Deirdre and I did our primary schooling here at St Mary’s.

Being a working single parent in the 1970s and 80s was hard work. It didn’t reflect social norms, but the Auckland University of Technology, as it’s become, provided Tui, Deirdre and me with security and a home – a home that has been Tui’s since 1978.

At AUT, she developed the first Women on Campus group. She helped establish the newspaper Password, a publication introducing new English speakers to New Zealand society and culture.

She taught courses on the Treaty of Waitangi when the treaty was a subversive idea. She contributed to the change in social and political thought that has brought the treaty — that her tupuna signed — to greater public influence. The justice it promises was a major theme in Tui’s working life.

Tui was interested in justice more broadly, inspired by her Catholic faith, love of people and profound compassion. These values stood out in the memories of Tui that people shared during her tangihanga earlier in the week at Te Uri o Hina Marae.

On Twitter, like them all, a social media that Tui never mastered, a former student, some 40 years later, recalled “the sage advice” given to a “young fella from Kawerau”. As Tui remembered, for a Māori kid from the country, moving to town can be moving to a different world.

In a media interview on her retirement, she said: “Coming from a town where you didn’t know names, but everyone was Aunty or Uncle, Auckland was by far a change of scenery”.
In Auckland, Tui knew everybody. Always the last to leave a social function, and always the first to help people in need.

Tui helped establish the university’s marae in 1997. She would delight in sharing the marae with students and colleagues. Just as she delighted in her family — especially her grandchildren, Lucy, Xavier, Joey, Tui and Delphi.

She remembered Sarah Therese. Her grandchildren tell of their special times with her, and her deep interest in their lives. Last year, Deirdre and Malcolm and their children moved from Wellington to be close by. Joey and I came from Canberra for the year.

We talked and helped as we could. My job was to buy the smokes. I remember saying one day, “I’m going to the supermarket, what would you like for dinner” — “a packet of cigarettes and a bottle of wine”. That was Tui’s diet and she loved it. And it was only in the last few months that she stopped going out.

At the wake for her brother John’s wife, Maka, in November, she was still going at three in the morning. I worried that three bottles of wine mightn’t have been the best idea at that stage in life, but she was well enough to do it, and loved the company of her family as we loved being with her.

In December, she took Joey and Tui to mark their birthdays at the revolving restaurant at the Sky Tower, where she also joined in the celebration of Lucy’s 18th birthday a couple of months ago. Delphi liked to take her out for a pancake. She loved Xavier’s fishing and rugby stories.

Over the last year, she wasn’t well enough to watch her grandchildren’s sport as she would have liked, take them to the beach as she used to love, or attend important events in our lives. But she did what she could right until the end.

My last conversation with her, the day before she died, was slow and tired but cogent and interesting. We discussed the politics of the day, as we often did. She asked after Joey and Lucy, and after Cara — always concerned that they were doing well. She didn’t speak for long, which was out of character, but gave no reason to think that this would be the last time we spoke.

Her copy of my book, Indigeneity, Culture and the UN Sustainable Development Goals,  published last month, is still in the post. She didn’t know that it was dedicated to her and that I had explained, in the acknowledgements, that the reasons needed more words than the book itself.

That was supposed to have been for her to read, and for her to learn, that the dedication was also from her grandchildren. She was the immediate and unanimous choice when I asked them, “to whom should I dedicate this book”.

No reira, ka nui te mihi ki tena ki tena o koutou. Kia ora mo o koutou manaaki me te aroha.

Kia ora huihui tatau katoa!

Dr Dominic O’Sullivan, Tui’s son and professor of political science at Charles Sturt University, delivered this eulogy at her memorial mass at St Mary’s Catholic Church, Northcote, on 27 May 2023. It is republished here with the whanau’s permission. Tui O’Sullivan was also a foundation Advisory Board member of the Pacific Media Centre in 2007 and was a feisty advocate for the centre and its research publication, Pacific Journalism Review, until she retired in 2018.

Many different arguments for and against the Voice to Parliament have been heard in the lead-up to this year’s referendum in Australia. This has included some media and politicians drawing comparisons between the Voice and South Africa’s apartheid regime.

Cory Bernardi, a Sky News commentator, argued, for instance, that by implementing the Voice, “we’re effectively announcing an apartheid-type state, where some citizens have more legal rights or more rights in general than others”.

As legal scholar Bede Harris has pointed out, it’s quite clear Bernardi doesn’t understand apartheid. He said,

How the Voice could be described as creating such a system is unfathomable.

• READ MORE: Australians should be wary of scare stories comparing the Voice with New Zealand’s Waitangi Tribunal
• Sam Frost knows nothing about segregation: white settlers co-opting terms used to oppress

Comparisons to apartheid
Apartheid was a system of racial segregation implemented by the South African government to control and restrict the lives of the non-white populations, and to stop them from voting.

During apartheid, non-white people could not freely visit the same beaches, live in the same neighbourhoods, attend the same schools or queue in the same lines as white people. My wife recalls her white parents being questioned by police after visiting the home of a Black colleague.

The proposed Voice will ensure First Nations peoples have their views heard by Parliament.

It won’t have the power to stop people swimming at the same beaches or living, studying or shopping together. It won’t stop interracial marriages as the apartheid regime did. It doesn’t give anybody extra political rights.

It simply provides First Nations people, who have previously had no say in developing the country’s system of government, with an opportunity to participate in a way that many say is meaningful and respectful.

Apartheid and the Voice are polar opposites. The Voice is a path towards democratic participation, while apartheid eliminated any opportunity for this.

Evoking emotional responses, like Bernardi attempted to do, can inspire people to quickly align with a political cause that moderation and reason might not encourage. This means opinions may be formed from limited understanding and misinformation.

“Whether you vote yes or no in the coming referendum, your choice deserves respect.” #CharlesSturtUni constitutional law expert has challenged claims made by a SKY TV host likening the proposed Voice to Parliament to an apartheid-type state.https://t.co/EePzMcIksO

— Charles Sturt University (@CharlesSturtUni) May 9, 2023

Misinformation doesn’t stop at apartheid comparisons
The Institute of Public Affairs, a conservative lobby group, has published a “research” paper claiming the Voice would be like New Zealand’s Waitangi Tribunal and be able to veto decisions of the Parliament.

The truth is the tribunal is not a “Maori Voice to Parliament”. It can’t veto Parliament.

The Waitangi Tribunal is a permanent commission of inquiry. It is chaired by a judge and has Māori and non-Māori membership. Its job is to investigate alleged breaches of the Treaty of Waitangi.

The tribunal’s task is an independent search for truth. When it upholds a claim, its recommended remedies become the subject of political negotiation between government and claimants.

The Voice in Australia would make representations to Parliament. This is also not a veto. A veto is to stop Parliament making a law.

We need to raise the quality of debate
Unlike the apartheid and Waitangi arguments, many objections to the Voice are grounded in fact.

Making representations to Parliament and the government is a standard and necessary democratic practice. There are already many ways of doing this, but in the judgment of the First Nations’ people who developed the Voice proposal, a constitutionally enshrined Voice would be a better way of making these representations.

Many people disagree with this judgment. The National Party argues a Voice won’t actually improve people’s lives.

Independent Senator Lidia Thorpe says she speaks for a Black Sovereignty movement when she advocates for a treaty to come first. The argument is that without a treaty, the system of government isn’t morally legitimate.

Other people support the Voice in principle but think it will have too much power; others think it won’t have enough.

Thinking about honest differences of opinion helps us to understand and critique a proposal for what it is, rather than what it is not. Our vote then stands a better chance of reflecting what we really think.

Lies can mask people’s real reasons for holding a particular point of view. When people’s true reasons can’t be scrutinised and tested, it prevents an honest exchange of ideas.

Collective wisdom can’t emerge, and the final decision doesn’t demonstrate each voter’s full reflection on other perspectives.

Altering the Constitution is very serious, and deliberately difficult to do. Whatever the referendum’s outcome, confidence in our collective judgment is more likely when truth and reason inform our debate.

In my recently published book, Indigeneity, Culture and the UN Sustainable Development Goals, I argue the Voice could contribute to a more just and democratic system of government through ensuring decision-making is informed by what First Nations’ people want and why.

Informed, also, by deep knowledge of what works and why.

People may agree or disagree. But one thing is clear: deliberate misinformation doesn’t make a counter argument. It diminishes democracy.

Dr Dominic O’Sullivan,  adjunct professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and professor of political science, Charles Sturt University.  This article is republished from The Conversation under a Creative Commons licence. Read the original article.

Australian Senator Jacinta Nampijinpa Price’s recent claim that New Zealand’s Waitangi Tribunal has veto powers over Parliament was met with surprise in New Zealand, especially by the members of the tribunal itself.

That’s because it is just plain wrong.

As the debate around the Voice to Parliament ramps up, we can probably expect similar claims to be made ahead of this year’s referendum. But the issue is so important to Australia’s future that such misinformation should not go unchallenged.

• READ MORE: What Australia could learn from New Zealand about Indigenous representation
• Solicitor-general confirms Voice model is legally sound, will not ‘fetter or impede’ Parliament
• Explainer: the significance of the Treaty of Waitangi
• What actually is a treaty? What could it mean for Indigenous people?

From an Australian perspective, New Zealand may appear ahead of the game in recognising Indigenous voices constitutionally. But that has certainly not extended to granting a parliamentary power of veto to Māori.

The Waitangi Tribunal was originally established as a commission of inquiry in 1975, given the power only to make recommendations to government. And so it remains. The Crown alone appoints tribunal members and many are non-Māori.

As with all commissions of inquiry, it is up to the government of the day to make a political decision about whether or not to implement those recommendations.

Deceptive and wrong
Price’s claim echoed a February article and paper published by the Institute of Public Affairs, aimed at influencing the Voice referendum. Titled “The New Zealand Māori voice to Parliament and what we can expect from Australia”, it was written by the director of the institute’s legal rights program, John Storey.

The paper makes a number of assertions: the Waitangi Tribunal has a veto over the New Zealand parliament’s power to pass certain legislation; the Waitangi Tribunal was established to hear land claims but its brief has expanded to include all aspects of public policy; and the Waitangi Tribunal “shows the Voice will create new Indigenous rights”.

The last of the statements is deceptive and the others are completely wrong. The Waitangi Tribunal’s jurisdiction was largely set in stone by the New Zealand parliament in 1975 when it was established.

Far from investigating land claims, it initially wasn’t able to examine any claims dating from before 1975. Parliament changed the tribunal’s jurisdiction in 1985, giving it retrospective powers back to 1840 (when the Treaty of Waitangi/te Tiriti o Waitangi was signed).

The tribunal then started hearing land claims. But in its first decade, it focused on fisheries, planning issues, the loss of Māori language, government decisions being made at the time and general issues of public policy.

Historic grievances
Over the past 38 years, the tribunal has focused on what are called “historical Treaty claims”, covering the period 1840 to 1992. In 1992 a major settlement of fishing claims began an era of negotiation and settlement of these claims, quite separate from the tribunal itself.

With the majority of significant historic claims now settled or in negotiation, that aspect of the tribunal’s work is coming to an end. It has returned to hearing claims about social issues and other more contemporary issues.

Far from expanding its jurisdiction, the tribunal’s powers have been steadily reduced in recent decades. In 1993, it lost the power to make recommendations involving private land — that is, land not owned by the Crown.

In 2008, it lost the power to investigate new historical claims, as the government looked to close off new claims that could undermine current settlements.

There is one area where the tribunal was given the power to force the Crown to return land. The 1984-1990 Labour government set a policy to rid itself of what were seen as surplus Crown assets.

A deal was struck between Māori claimants and the Crown to allow the tribunal to make binding recommendations to return land in very special cases.

This compromise was not created by the tribunal but through ambiguity in legislation, which was resolved in favour of Māori claimants in the Court of Appeal. The ability to return land has almost never been used and is being progressively repealed across the country as Treaty settlements are implemented in legislation.

Senator Jacinta Nampijinpa Price made the erroneous comments while appearing at a debate on the Voice to Parliament referendum in Australia. https://t.co/XGBfteJDaM

— Stuff (@NZStuff) April 27, 2023

Wide political support
Storey quotes a number of tribunal reports, which make findings about the Crown’s responsibilities, as if these findings are binding on the Crown or even on Parliament. This is not the case. The Waitangi Tribunal investigates claims that the Crown has acted contrary to the “principles of the Treaty”.

The Waitangi Tribunal establishes what those principles are, but they are binding on neither the courts nor Parliament. Having made findings, the tribunal makes recommendations — not to Parliament, as Storey suggests, but to ministers of the Crown.

Some recommendations are implemented, others are not.

Where there is a dispute between the Crown and Māori, the tribunal has often recommended negotiation rather than make specific recommendations for redress.

Storey has elsewhere referred to the tribunal as a “so-called advisory, now binding, Māori Voice to Parliament” that has “decreed” certain things. In the longer paper he does admit the “tribunal cannot dictate the exact form any redress offered by government must take”.

But he then falls back on the notion of a “moral veto” — that its status is so elevated that parliament is forced, however reluctantly, to do its bidding.

Yet not only does the Crown ignore tribunal recommendations as it chooses, it refuses even to be bound by the tribunal’s expert findings on history in negotiating settlements.

The Waitangi Tribunal will remain a permanent commission of inquiry because there is wide political support for its work. Nor can be it held solely responsible for increasing Māori assertiveness or political engagement with government, even if this was in any way a bad thing.

A larger social shift has taken place in Aotearoa New Zealand over the past few decades. No fiat from the Waitangi Tribunal has eliminated the cultural misappropriation of Māori faces and imagery — something Storey warns could mean “tea towels with a depiction of Uluru/Ayers Rock, or boomerang fridge magnets, would become problematic”.

The Waitangi Tribunal has often done no more than make Māori histories, Māori perspectives and Māori values accessible to a non-Māori majority. It has certainly had no power to control where debates on Indigenous issues fall.

Dr Michael Belgrave is professor of history, Massey University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

As part of its aspiration to be “Tiriti-led”, the University of Otago has embarked on a consultation process to re-brand. The proposed change involves a new logo and a new, deeply symbolic Māori name: Ōtākou Whakaihu Waka.

Universities occasionally change logos, names and marketing strategies. All New Zealand institutions have added te reo Māori to their original titles, often opting for a literal translation — “Te Whare Wānanga” — to describe their status as a university. But Otago is taking it a step further.

Metaphorically, “whakaihu” refers to the university’s place as the country’s oldest university, as well as its Māori students often being the first to graduate from their whanau and communities. And it symbolically includes everyone on the “waka”.

• READ MORE: Explainer: the significance of the Treaty of Waitangi
• Colonial ideas have kept NZ and Australia in a rut of policy failure. We need policy by Indigenous people, for the people
• Putting te Tiriti at the centre of Aotearoa New Zealand’s public policy can strengthen democracy – here’s how

That is exactly what a university is supposed to be, of course — a place for everyone. A place where people are free to think and develop ideas, even contested or unpopular ones.

As the Education and Training Act 2020 says, universities must operate as the “critic and conscience of society”.

But being “Tiriti-led” is not as straightforward. It throws into sharp relief where universities sit in relation to the Crown under te Tiriti o Waitangi/Treaty of Waitangi. This, in turn, raises quite fundamental questions about what a university is in the first place.

The University has collaborated with mana whenua to create a proposed new visual identity including a new Māori name and tohu (symbol), to sit along the official University of Otago name, which we believe represent where we have come from and where we’re going. pic.twitter.com/mZ86NPOzE2

— University of Otago (@otago) March 15, 2023

What is te Tiriti, what is a university?
Essentially, te Tiriti o Waitangi was the Māori language agreement in 1840 between Māori hapu and the British Crown which set out the terms of British settlement. Britain could establish government over its own people, hapu would retain authority over their own affairs.

Māori would enjoy the “rights and privileges” of British subjects, a legal status which continues to evolve as New Zealand citizenship. The Treaty of Waitangi is an English language version of the agreement with different and less favourable emphases for Māori.

By wanting to become “Tiriti-led”, Otago has decided it is part of the Crown party to this agreement. This makes Kai Tahu, as mana whenua (people of the land), the university’s “principal Tiriti partner”.

By contrast, when Massey University says it’s Tiriti-led, it doesn’t explicitly say it’s part of the Crown. Auckland University of Technology’s vice-chancellor has said his university is Tiriti-led, but there’s no definition to be easily found on the public record.

Styling a relationship in this way is significant — but not necessarily in ways that keep faith with te Tiriti o Waitangi, or with the essential purposes of a university.

Universities are owned and principally funded by the Crown. But their obligation to independent scholarship means they cannot be part of the Crown in the same way as a government department.

Universities don not take direction from ministers in the same way, and their staff are not public servants. They are not part of the executive branch of government.

Together with their students and graduates, academics are the university — a community of scholars obliged to contribute to the discovery and sharing of knowledge, but not obliged to serve the government of the day.

Us and them
Parliament and the executive (government ministers) together decide what te Tiriti means to the Crown side of the relationship. Public servants offer advice, but ultimately take ministers’ instructions on giving effect to whatever is the Crown’s Tiriti policy.

Academics, however, can take a different view. They are not bound by what the Crown side of the agreement thinks. And, as developments in te Tiriti policy show, academic independence makes a difference.

In 1877, New Zealand’s Supreme Court found the Treaty was legally a “simple nullity” because it had not been incorporated into domestic law. It wasn’t the public servant’s role to object, at least not in public. That kind of intellectual freedom belongs elsewhere. Explicitly, it’s one of the reasons universities exist.

Academics — Māori and others — have contributed significantly to developments in te Tiriti policy since 1877, especially in more recent years. Their contributions have often contested prevailing political thought. Universities have given Māori academics — and through them, Māori communities — the kind of voice unavailable to public servants working for the Crown partner.

Partnership is one of the “Treaty principles”, developed legally and politically as an interpretive guide to the agreement. But partnership creates a “them” and “us” binary.

In my book, Sharing the Sovereign: recognition, treaties and the state, I show how this binary encourages people to think of the Crown as exclusively Pākehā. Any institution that is not solely Māori is an institution that belongs to “them”.

This reinforces Māori separation from the university as an institution that should belong to all of us — and to each of us in our own ways.

Academics are not public servants
If an institution represents one side of a partnership, that institution cannot be a “place for everyone”. A Māori student or staff member should be able to say, “I belong here as much as anybody else, with the same rights, opportunities and obligations to contribute to the institution’s culture, values and purpose.”

That includes the right to study and teach te Tiriti with an independence that is not available to public servants.

In 2020, I helped develop “Critical Tiriti Analysis”, a policy evaluation method that could be used to assess public policy consistency with te Tiriti. While anecdotally it seems now to be widely used across the public service, it’s not something likely to have been written by a public servant.

The Crown is a cautious Tiriti partner.

Thoroughness and objectivity — but not political caution — guide academic contributions to policy debate. Such contributions are different in style and purpose from the kind of policy making that it is the duty of the public service to undertake.

Universities are not the Crown in the same sense, and this is why they are not Tiriti partners.

Dr Dominic O’Sullivan, Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Professor of Political Science, Charles Sturt University. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

New Zealand Prime Minister Chris Hipkins has described today’s Waitangi Day dawn service as moving and says he welcomes the shift away from a focus on politics.

Hundreds of people gathered before dawn to commemorate 183 years since Te Tiriti o Waitangi was signed.

• LISTEN TO RNZ MORNING REPORT: ‘We should allow good honest conversation’ – PM Chris Hipkins
• ‘I didn’t mean to say the treaty is an experiment’ – Christopher Luxon
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• What the party leaders said at Waitangi

Hipkins said the national day had a greater focus on reflection and celebration than years ago.

The criticism that politicians had come to Waitangi in the past and used Māori as a way to increase their votes was a fair one, he said.

Hipkins said he saw his role as lighting the path forwards and not playing in the uncertain space where politicians could create fear and division.

“I think Māori have often been used as a way for politicians to whip up votes in other parts of the population and that’s something that I find abhorrent.”

Trend for less politics
Asked to compare this year’s Waitangi commemorations to previous years, Hipkins said in the last five years there had been a trend for less politics on Waitangi Day.

“I think there’s been a trend in the last five and a half years or so . . . for a bit less politics on Waitangi Day and a bit more reflection and a bit more commemoration and a little bit more celebration and I really welcome that.”

Hipkins said he first attended Waitangi commemorations at Waitangi about 15 years ago and overall he had always found it “to be a pretty positive experience”.

As prime minister his role was “to try and preserve a sense of unity and common purpose,” Hipkins said.

“It’s easy to create division when it comes to race relations and we’ve seen that in the past; governments have tried to to avoid that, it tends to have come from those who are not in government who are trying to get into government and I think that’s most unfortunate.”

National Party leader Christopher Luxon said New Zealand was an intelligent country that could engage in proper debates.

“I think what I’ve seen in reaction to some of our positions, say on co-governance, is you end up with some lazy sort of baseless accusations of racism frankly,” he said.

“Because that’s not what I’m doing, I’m having a conversation to say I’m interested in the ends of advancing all Māori and all non-Māori . . .  the means by which I do that may be different.”

The fact that National does not support co-governance of public services should not be misinterpreted as the party lacking ambition or aspirations for Māori in New Zealand, he said.

Open discussion needed
A lot of New Zealanders were scared to talk about the treaty and our history, we needed good honest relations to take place, Hipkins said.

“We have to create sort of safe spaces for people to say what they think. I think we get into dangerous territory when people stop saying what they think because they’re worried what the response to that might be and then you just perpetuate misunderstanding.

“I think when you create an environment where people can say what they think and other people can challenge that and people don’t have to feel offended or confronted by that.”

The signing of Te Tiriti o Waitangi was a bold vision, Hipkins said.

“If we go to the spirit of what they were trying to accomplish, I think they were trying to accomplish an ability for us all to live here together, to all prosper together without conflict.”

The goal of the treaty was to try to avoid the conquest and conflict that occurred during settlement of some other countries during the mid-1800s, he said.

The history of Aotearoa shows this attempt was somewhat limited and conquest and conflict still followed, Hipkins said.

But the goal was a very noble one and the ongoing importance of the treaty recognises that it was a goal that was worth striving for, Hipkins said.

“I think when people say he aha te mea nui o te ao, he tangata, he tangata, he tangata, when I was here with my mokopuna last year and we were the only ones here due to covid, and we had our own karakia.”

“Funnily enough, it was a similar bleak sort of a morning.

“You just can’t beat having so many people, a throng of people, hearing different voices, hearing the diversity, but feeling the unity that everybody is seeking.”

History was also made this today with the delivery of the first Muslim prayer at the dawn service, from Labour MP Ibrahim Omer.

“We look at Te Tiriti of Waitangi as being between Māori and European or Pākehā, but we really need to be thinking much, much more of the other ethnicities in our country that make up a multicultural tapestry of our nation,” he said.

“How we view it is that we have tangata whenua, or people of the land, and tangata Tiriti, which is the broad application of all people who have come here over time.”

Luxon defends ‘little experiment’ statement
Luxon spoke at Waitangi yesterday, but missed the dawn service today, instead opting to go to an event at the Takapuna Boat Club in Auckland.

One part of Luxon’s speech yesterday caused some controversy: “We started on the 6th of February 1840 as a little experiment, and look at us now — the 21st century success story able to tackle the challenges that come our way.”

Today, Luxon clarified that he did not mean to say that the treaty was an experiment.

“What we’ve done here in New Zealand is incredibly special, I mean if you think about the goodwill of those people who were here negotiating that treaty, it was unprecedented in many ways.”

Looking at what happened in other countries and how they have developed over time the treaty that had been done in New Zealand was incredibly special, he said.

“So it was a brave experiment to set up a treaty as a foundation for a whole new country, that didn’t happen if you think about it pre-1840 around the world.”

The intention was great, but the Crown did not honour its obligations and that was what a lot of New Zealand’s modern history had been about in terms of trying to deal with that issue, Luxon said.

Treaty settlements, Ngāpuhi and rangatiratanga
Asked about the concept of rangatiratanga, or the right of Māori to rule themselves, Hipkins said he was comfortable with the notion of “by Māori for Māori”.

In education there had been significant expansion of things like kura kaupapa Māori and in health some progress was being made in a by Māori for Māori approach, he said.

“I think the government can be a better partner, we can have a better relationship, we can work together better when it comes to all things Māori.”

Hipkins said the Ngāpuhi settlement was likely to be one of the most complex and difficult to achieve, but it was important to continue to approach it “with good faith and good will”.

“We’ve still got a process that we’re going through, what I can provide assurance about though is that the Crown will approach that with good faith and we want to get a settlement, so that’s a pretty good starting point.”

Luxon defended National’s goal that all treaty settlements should be completed by 2030.

Having a deadline made a government focus on getting that job done, he said.

“Treaty settlements are full and final, I mean the individual settlements are full and final, not to be opened up and discussed again.”

He acknowledged that everyone had a lot of work to do in terms of digesting the latest Waitangi Tribunal report on the Ngāpuhi claim.

On rangatiratanga, Luxon said there was one sovereign state here in New Zealand and it was the government.

Equity and equal opportunity
Equity and equal opportunity were two concepts that politicians needed to spend more time talking about, Hipkins said.

“Equal opportunity doesn’t guarantee an equal outcome, but equal opportunity also in itself isn’t necessarily equity because if you’re starting from a very different place then the opportunity in front of you might be the same, but your ability to take up that opportunity might be vastly different.”

For example, a child who starts school and already has a good base of education will be ahead of a child starting school with no education base, Hipkins said.

So treating them exactly the same in the classroom is not equity, although it might be equal opportunity, he said.

To try and address this in the education sector the government had just changed the way schools were funded to allow targeted additional funding to schools with equity challenges, and the same would be done for early childhood centres, he said.

National rejects co-governance of public services
Luxon said National was very supportive of co-management arrangements and it had led to better outcomes.

“But when it comes to the provision of national public services, from a government that’s accountable to all New Zealanders, and those services are designed to deliver to people in need, we think the better way is to have a single system of delivery.”

But there could be innovation within that system to ensure services were being delivered to those communities that needed it, he said.

Luxon said he was focused on outcomes which were targeted on the basis of need which could be delivered through many organisations which would do a much better job than central government would.

This article is republished under a community partnership agreement with RNZ.

The heated (and often confused) debate about “co-governance” in Aotearoa New Zealand inevitably leads back to its source, Te Tiriti o Waitangi. But, as its long-contested meanings demonstrate, very little in the Treaty of Waitangi is straightforward.

Two versions of the 1840 document were written, one in English and one in te reo Māori.

About 540 Māori, including 13 women, had put their names or moko to the document. All but 39 signed the Māori text.

• READ MORE: A growing number of non-Māori New Zealanders are embracing learning te reo – but there’s more to it than language
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But the differences in the translations were so significant that there has been debate ever since about what much of this agreement actually meant, especially Articles 1 and 2.

Article 3, on the other hand, attracts less controversy — which is interesting, because it was and is critical to debates such as the one swirling around co-governance. In effect, Article 3 acted as a mechanism by which the fundamental rights and privileges of British citizenship would be afforded Māori.

The promise of these rights and privileges, coupled with Articles 1 and 2, conferred a fundamental commitment of a partnership, in which the two sides could be expected to act reasonably, honourably and in good faith towards each other.

Although there were many British laws, practices and principles in existence by this time, four particularly stand out.

Participation
The ideal was that laws reflected the community (or a portion of it at least) and were made with the participation and consent of citizens. This was a long-standing principle, in that law and governance could not be something arbitrary or controlled absolutely by one person.

There had been efforts to control royal abuses of power since the Magna Carta in 1215 and the establishment of a “common council of the kingdom”, by which high-ranking community leaders could be summoned to discuss important matters.

Later, the 1688 Bill of Rights required free and frequent parliaments which would contain the right of free speech within them (parliamentary privilege in today’s terms). This meant representatives could speak without fear. Monarchs could no longer suspend laws on a whim, levy taxes at their pleasure, or maintain a standing army during peacetime without the permission of Parliament.

The anomaly that only about 5 percent of British citizens (wealthy and entitled men) could actually vote for members of Parliament was not resolved until legal reform in the early 1830s. This began the expansion of the political franchise and the widening of control over Parliament.

Individual rights
All were deemed equal in the eyes of the law, and the delivery of justice with integrity could be expected. Clause 39 of the Magna Carta stated:

No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

Clause 40 added: “To no one will we sell, to no one deny or delay right or justice.” The Habeas Corpus Act of 1679 required a court to examine the lawfulness of a prisoner’s detention, thus preventing unlawful or arbitrary imprisonment.

The Bill of Rights prohibited excessive penalties, cruel and unusual punishment, and the imposition of fines or penalties before convictions. It also guaranteed the right for all citizens to petition, where they could complain or seek help from the authorities, without fear of punishment.

Tolerance and a free press
After the Reformation, religious tolerance among British subjects took centuries to develop. The 1701 Toleration Act allowed some tolerance of the public practising of different religions, although the monarch could never be Catholic. But it was not until 1829 that Catholics — and some other faiths — could even be elected to Parliament in Britain.

The importance of tolerance can be seen in the oral promise made by Governor William Hobson at the time of the signing the Treaty: all established religious faiths would be tolerated in New Zealand, “and also Māori custom shall be alike protected by him”.

Although an oral commitment, to many signatories it was just as binding as the written words.

Public debate and the role of a free press was another important privilege. Although British laws governing libel, blasphemy and sedition were continued after 1688, there was a clear trend toward expanding liberty, allowing both booksellers and newspapers to proliferate.

This helped build the modern belief in the Fourth Estate, and that the media would act as a positive influence on decision makers.

Forward together
Despite the fine sounding language of Article 3 and all the expectations that went with it, the reality was that for many decades after 1840, the promised rights and privileges did not arrive for everyone.

The governor, followed by the early stages of representative government, ruled with a near absolute power that crushed dissent. The law itself was often used to target the rights and privileges of Māori, with some of the darkest examples occurring during and after the New Zealand Wars/Ngā Pakanga o Aotearoa.

Equality for most was largely a chimera, tolerance was elusive, and the press did not act as a brake on atrocious decision making.

Thankfully, the world is different today. Positive change has happened through successive generations of Māori defending the rights guaranteed in 1840, the Waitangi Tribunal, and the critical questioning of early and contemporary government policies by Māori, politicians, community leaders, media and scholars.

There have been official apologies, compensation and redress, although only a portion of what was alienated has been returned.

As we move forward and look for new ways to work together to achieve equal and equitable partnership based on Te Tiriti o Waitangi, it is important to remember the relevance of Article 3 and what it continues to offer in a modern context.

Dr Alexander Gillespie, professor of law, University of Waikato; Dr Claire Breen, professor of law, University of Waikato, and Valmaine Toki, professor of law, University of Waikato. This article is republished from The Conversation under a Creative Commons licence. Read the original article.

“On the ground, there is a sense of disquiet and distrust of the organisers’ motivations for the hui, as some Muslim participants directly connected to the Christchurch tragedy were not invited.”

— Khairiah A. Rahman

The two-day Aotearoa New Zealand government He Whenua Taurikura Hui on Countering Terrorism and Violent Extremism this week saw participation of state agencies, NGOs, civil rights groups and minority representations from across the country.

Yet media reportage of deeply concerning issues that have marginalised and targeted minorities was severely limited on the grounds of media’s potential “inability to protect sensitive information”.

Lest we forget, the purpose of the Hui is a direct outcome of the Royal Commission recommendations following the 2019 Christchurch mosque attacks.

• READ MORE: Shifting the dynamics in popular culture on Islamophobic media narratives — Pacific Journalism Review
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• Other countering terrorism reports

The first hui last year had a media panel where Islamophobia in New Zealand and global media was addressed, and local legacy media reiterated their pact to report from a responsible perspective.

A year later, it would be good to hear what local media have done to ask the hard questions — where are we now in terms of healing for the Muslim communities? What is the situation with crime against Muslims across the country? What projects are ongoing to build social cohesion for a peaceful Aotearoa?

This year, the organisers decided to have the Hui address “all-of-society approaches” to countering violent extremism. This means removing the focus on issues faced by Muslims and extending this to concerns of other minorities subjected to abuse and hate-motivated attacks.

While Muslim participants embraced sharing the space with disenfranchised communities, many reflected that this should not detract from a follow-up to issues discussed at the last hui.

A media panel should address the role of media in representing the voiceless communities. In addition to media following up on Islamophobia, how has media represented minority groups based on their ethnicity, faith or sexual orientation? How can media play a direct role in truth-telling that would inspire social cohesion?

A participant of the LGBTQ+ community shared how bisexual members were threatened on social media as a result of local and international media’s reportage of the Amber Heard misogyny case in the US and the negative representation of bisexual people.

As a social conduit for communal voices and public opinion, the media have a significant role in countering terrorism and violent extremism and should not be excluded from the difficult conversations. Legacy, ethnic and diversity media must be included in all future hui, regardless of topics.

Confidential information can be struck from the record if necessary, but often this is hardly shared in a public forum.

There is little point having a Hui where critical national issues of safety and security are discussed across affected communities, if they are just noise in an echo chamber for those affected while people that care outside of this room are unaware.

Six takeaways from the Hui
Discussions centred on what community groups have been doing on the ground and what the larger society and government must do to counter radicalisation and terrorism.

1. Victims’ families call for a Unity Week

Hamimah Ahmat, widow of Zekeriya Tuyan who was killed in the terror attack, and who is chair of the Sakinah Trust, called on the government to observe an official Unity Week for the country to remember the 51 lives lost in Christchurch.

“More than funds — we need to make sure that the nation ring fences their time for reflection and their commitment to that [social cohesion].”

Sakinah Trust, formed by women relatives of the victims, organised Unity Week where Cantabrians participated in social activities and shared social media messages on “unity” to commemorate the lives lost and build a sense of togetherness across diverse communities.

This bonding exercise connected more than 310,000 New Zealanders and initiated 25,000 social media engagements. Hamimah emphasised the importance of this as during the pandemic Chinese migrants had suffered racism and hate rhetoric.

“We need a National Unity Week not just because of March 15 but because it is an essential element for our existence and the survival of our next generation — a generation who feels they belong and are empowered to advocate for each other,” she said.

“And this is how you honour all those beautiful souls and beautiful lives that we have lost through racism, extremism and everything that is evil.”

2. Issues and disappointment

Members of the IWCNZ (Islamic Council of Women in New Zealand) and other ethnic minority groups have repeatedly shared their disappointment that some speakers appeared to equate the terrorist mass murder in the two Christchurch mosques to the LynnMall attack in Auckland. Yet, the difference is stark.

One terrorist was killed and the other was apprehended unharmed. One had a history of trauma and mental instability, and police knew of this but failed to intervene.

The other was a white supremacist radical who had easy access to a semi-automatic weapon. While both could have been prevented, the LynnMall violent extremism was within the authority’s immediate control.

Aliya Danzeisen, a founding member of Islamic Women’s Council of New Zealand (IWCNZ), said it was offensive that there was an inappropriate focus on the Muslim community in discourse on the LynnMall attack as there was failed deradicalization by the government corrections department.

“We find it offensive as a community because it was a failed government action, not getting in front, again, that someone was shot and killed and seven people were stabbed.”

Danzeisen also reported that despite sitting in the corrections forum for community, she was unaware of any change since the Royal Commission in terms of addressing radicalisation.

On the ground, there is a sense of disquiet and distrust of the organisers’ motivations for the hui, as some Muslim participants directly connected to the Christchurch tragedy were not invited.

Murray Stirling, treasurer of An Noor Mosque, and Anthony Green, a spokesperson for the Christchurch victims, were present at last year’s Hui but did not receive invitations this year.

3. Academic input from Te Tiriti perspectives

The opening of the conference was led by research from a Te Tiriti perspective. The Muslim community had called for a Te Tiriti involvement in the Hui to acknowledge the first marginalised people of the land.

One shared feature of all the discussions related to colonialism. Tina Ngata, environmental, indigenous and human rights activist, called out those in power who passively protect and maintain colonial privilege, allowing extreme and racist ideas to persist.

Ngata cited racialised myth-making in media and schools, state-sanctioned police violence, hyper-surveillance and the incarceration of non-white people.

She argued that a critical mass of harmful ideas was growing and that it is the “responsibility of accountable power to engage humbly in discussion; not just about participants as victims or solution-bearers but also about structural power as part of the problem”.

Bill Hamilton from the Iwi Chairs forum paid tribute to the work of the late Moana Jackson in the area of Te Tiriti, reminding people that Te Tiriti belonged to everyone.

Hamilton recounted that despite Te Tiriti’s promise of protection and non-discrimination, Māori suffered terrorist acts.

“We had invasions at Parihaka . . . our leaders were demonised . . . our grandparents were beaten as small kids by the state for speaking their language [Māori].”

Hamilton reflected on the values of rangatiratanga and said that perhaps, instead of forming a relationship with “the crown”, Māori was better off forming relationships with minority communities based on shared values.

He explained that rangatiratanga is a right to self-determination; the right to maintain and strengthen institutions and representations. It is a right enjoyed by everyone.

Hamilton called for a state apology and acknowledgement of the terrorism inflicted on whānau in Aotearoa. He proposed a revitalisation of rangatiratanga, the removal of inequalities and discrimination, and the strengthening of relationships.

Rawiri Taonui, an independent researcher, presented a Te Tiriti framework for national security.

There was a marked difference between the Crown’s sovereign view of the Te Tiriti relationship with Māori and Māori’s view of an equal and reciprocal Te Tiriti relationship with the Crown.

Taonui highlighted that while Te Tiriti was identified as important for social cohesion in the Royal Commission Report, Te Tiriti was absent in the 15 recommendations for social cohesion.

He explained the tendency in policy documents to separate Māori from new cultural communities.

“That is a very unhelpful disconnect because if we are trying to improve social cohesion, one of the things we need to do is bring Māori and many of our new cultural communities together. Because we share similar histories — colonisation, racism, violence.”

Taonui proposed a “whole of New Zealand approach” towards countering terrorism, emphasising social cohesion to prevent extremism as “we all belong here”.

4. On countering radicalism

In a panel session on “Responding to the changing threat environment in Aotearoa”, Paul Spoonley, co-director of He Whenua Taurikura National Centre of Research Excellence, said that he was confused about how communities should be engaged as “often the affected communities are not the ones that provided the activists or the extremists. How do we reach out to those communities who might often be Pākehā?

“By the time we get to know about these groups, they have progressed down quite a long path towards radicalisation.

“So if we are going to provide tools to communities, we must understand that the context in which people get recruited are often very intimate; we are talking about whānau and peer groups. We are talking about micro settings.”

Sara Salman, from Victoria University in Wellington, spoke on radicalism and the thought processes and emotional attraction to notoriety and camaraderie that encourage destructive behaviours.

For radicals, there is a feeling of deprivation, “a resentment and hostility towards changes in the social world”, whether these are women in the workspace, migrants in society, or co-governance in the political system.

In the context of March 15, the radical is typically a white supremacist male. Such males join extremist groups because they feel a sense of loss and are motivated by power and social status.

According to Salman, there is now a real threat to our governance and democracy by radical groups through subtle ways like entering into politics.

“Radical individuals who ascribe to supremacy ideas are engaging in disruptions that are considered legitimate by entering into local politics to disrupt governance.”

Salman warned that although the government might prefer disengagement, which is intervention before a person commits violence, deradicalisation is critical as it aims to change destructive thinking.

Research showed that children as young as 11 have been recruited and influenced by radical ideas. Without being repressive, the government needs to deradicalise vulnerable groups.

5. Vulnerable communities and post-colonial Te Tiriti human rights

Several speakers on the “countering messages of hate” panel discussed horrific stories of physical, verbal and sexual attacks based on their identities including, ethnicity, disability and sexual orientation.

Many spoke about the lack of fair representations in media and professional roles and one participant emphasised that members of a group are diverse and not defined by stereotypes.

In an earlier session, chair of the Rainbow New Zealand Charitable Trust, called on society, including the ethnic and religious communities, to find ways of helping this group feel supported and loved in their communities.

Lexie Matheson, representing the trans community, spoke on the importance of being included in discussions about her people. She echoed my point at last year’s media panel about fair representations: “Nothing about us, without us”.

In the closing session, Paul Hunt, chair of the Human Rights Commission argued that the wide spectrum of human rights is normative as it defined the ethical and legal codes for conduct of states and constituted humanity’s response to countering terrorism.

Hunt offered a post-colonial human rights perspective and called for a process of truth-telling and peaceful reconciliation which respects the universal declaration of human rights and Te Tiriti.

“My point is in today’s Aotearoa, violent extremism includes racism, Islamophobia, antisemitism, homophobia, misogyny, xenophobia and white supremacy. And it is dangerous for all communities and for all of us.

“And if we are to address with integrity today’s violence, racism and white supremacy, we have to acknowledge yesterday’s violence, racism and white supremacy which was part of the social fabric of the imperial project in Aotearoa.”

6. What the Hui got right and wrong

Prime Minister Jacinda Ardern’s presence and participation on the final day was timely, inspired confidence and implied a seriousness to address issues. Ardern covered developments that impact on national security, from technology, covid-19 and the war in Ukraine to climate change.

She addressed the radicalisation prevention framework and announced its release at year end, with an approved budget funding for $3.8 million to counter terrorism and violent extremism.

The Hui must have cost a pretty penny. Participants appreciated the food and comfort of the venue, but was there really a need for illustrators to capture the meetings on noticeboards?

If the organisers meant to enthuse participants with the novelties of artwork, stylish pens, and a supportive environment of aroha and healing, they have done a decent job.

But repeated feedback from Muslim representatives on the lack of action by government departments must be taken seriously and addressed promptly. All the good intentions without action achieve nothing.

Until those directly involved in the horrendous Christchurch massacres witness concrete sustainable actions that can support social cohesion, counter radicalism and violent extremism, the great expenses and show of love at this Hui would be wasted.

Khairiah A Rahman was a speaker at the media panel at the He Whenua Taurikura Hui in 2021. She is a senior lecturer at AUT’s School of Communication Studies, a member of FIANZ Think Tank, secretary of media education for Asian Congress of Media and Communication (ACMC), secretary of the Asia Pacific Media Network (APMN), assistant editor of Pacific Journalism Review and a member of AUT’s Diversity Caucus.

At this year’s local government elections, average voter turnout was 36 percent. This is comparable to the 2019 figure. It compares with voter turnout of 81.5 percent at the last general election.

Local Government New Zealand says that a review into why people don’t vote should be carried out before the next elections in 2025.

We need to know how many people didn’t vote because they didn’t receive their ballot papers and what practical obstacles to voting might have occurred.

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We also need to know how many people just couldn’t be bothered, and if some people made a conscious choice not to vote. A conscious choice is a legitimate democratic decision.

Wayne Brown’s campaign for the Auckland mayoralty may have succeeded partly because it targeted people who traditionally vote — property owners and people over 50. People who are less likely to be Māori.

However, positioning Māori as Treaty partners to the Crown may also be a factor, because it overshadows The Māori citizenship as a share in the Crown’s authority to govern.

Participating in the affairs of government is a greater political authority than partnership. The state is a large and powerful institution and always the senior partner in the relationships it forms. Its partners may have a voice, but they don’t have the right to help make decisions. Decision-making is the task of the participant.

Democracy requires complementary participation
While there are examples of council/Māori partnerships that work well, democracy requires that they complement participation, rather than take its place.

Te Tiriti wasn’t a partnership between races. It was an agreement over the distribution of political authority. Rangatiratanga, as an independent Māori authority over Māori affairs, on the one hand, and the right of the British Crown to establish government on the other.

Te Tiriti didn’t intend that the rights of government should override the rights of rangatiratanga. Indeed, it provided a check against this outcome by granting Māori the rights and privileges of British subjects.

In 1840 those rights and privileges were not extensive. But, in 2022 they have developed into the rights, privileges and political capacities of New Zealand citizenship.

Most importantly, citizenship means that everybody has the right and obligation to participate in public decision-making. They should expect that their contributions have the same likelihood of influence as anybody else’s.

Nobody should have reason to feel so alienated from the system that they can’t see the point of voting. Māori wards are supposed to guard against this possibility by supporting active participation and influence.

Influence means being able to participate with reference to culture and colonial context.

Yet, in 2019, the Iwi Chairs’ Forum commissioned a report on constitutional transformation, Matike Mai Aotearoa.

Ethnically exclusive Pakeha body
It comments on what rangatiratanga looks like, but it sees citizenship as the domain of its partner, the Crown. It sees the Crown as an ethnically exclusive Pakeha body governing only for “its people”.

In other words, government is for other people. It’s not for us because rangatiratanga is where our exclusive political authority lies. Our relationship with government is as Treaty partner.

Another view is that rangatiratanga and citizenship are different but complementary. While voting doesn’t matter if one is a partner, it’s essential if one is a participant. Participation means, as Justice Joe Williams, argued, that, there is a need for a mindset shift away from the pervasive assumption that the Crown is Pākehā [non-Māori], English-speaking, and distinct from Māori rather than representative of them.

“Increasingly, in the 21st century, the Crown is also Māori. If the nation is to move forward, this reality must be grasped.”

In 2022, I was commissioned by the Ministerial Review into the Future for Local Government to write a discussion paper on Māori and local government.

The review is required to consider Treaty partnership. But it has also decided to be “bold” in its thinking.

Boldness could mean strengthening Te Tiriti and democracy by thinking beyond partnership as a treaty principle, established by the Court of Appeal in 1987, to thinking about the real substance of rangatiratanga and citizenship.

Local government functions by iwi
Rangatiratanga could mean that not all local government functions need to be carried out by councils. There may be some that are more logically and justly carried out by iwi, hapu, marae, or other Māori political communities.

The ideal that decisions are best made at the point closest to where their effects are experienced is a well-established democratic principle.

Citizenship is different from rangatiratanga but especially important because if Māori are, like everybody else, shareholders in the Crown’s authority to govern, then they are entitled to make culturally distinctive contributions to council decisions.

They are also entitled to expect that councils’ powers and decision-making processes will work for them as well as they work for anybody else.

Increasing voter turnout depends on people believing that councils make a positive contribution to their lives.

Professor Dominic O’Sullivan (Te Rarawa, Ngāti Kahu) is adjunct professor at Auckland University of Technology’s (AUT) Taupua Waiora Centre for Māori Health Research, and professor of political science at Charles Sturt University in Australia. He is also a contributor to Asia Pacific Report. This article was first published by Stuff and is republished with the author’s permission.

• READ MORE: How NZ’s Public Interest Journalism Fund can help ‘normalise’ diversity (Part 1)
• Perceptions over NZ’s public interest journalism project – saint or sinner? (Part 2)
• Public Interest Journalism Fund

Goal 3: The PIJF says: “Actively promote the principles of Partnership, Participation and Active Protection under Te Tiriti o Waitangi acknowledging Māori as a Te Tiriti partner.”

The first tranche of the New Zealand government’s $55 million Public Interest Journalism Fund has been allocated – against a backdrop of criticism it could skew reporting of political issues.

Māori journalism projects and a new training initiative are the major beneficiaries of the first $10 million, but some of the money goes to things already funded from the public purse.

Last February, the Minister for Broadcasting and Media Kris Faafoi chose the premises of the Otago Daily Times — one of the country’s oldest newspapers — to announce that $55 million would be spent over the next three years to sustain local news and journalism.

• READ MORE: Major NZ media networks collaborate to develop talented Pacific journalists
• First funding injection – full list
• LISTEN: RNZ Mediawatch on the Public Interest Journalism Fund

It is the biggest single public investment in journalism for decades and takes the total annual spend on media to over $300m. (There’s another $20m up his sleeve if Cabinet thinks the media need that too.)

Media companies big and small, local and national, public and private alike can all apply to the fund – including those which have never had public money before.

Minister Kris Faafoi insisted that the fund would be dispensed at arm’s-length from all politicians. The government’s broadcasting funding agency NZ On Air has that job, though its board members are appointed by the Minister of Broadcasting.

NZ On Air previously announced there would be “three pillars” for the fund: specific content to be delivered to a deadline; employing staff in newsrooms around the country and “industry development” projects such as cadetships and training.

Partnership guidelines
Guidelines issued in April also said the fund “must actively promote the principles of Partnership, Participation and Active Protection under Te Tiriti o Waitangi.”

“NZ On Air intends to work with the Māori and Iwi journalism sector to ensure parity of need and interests within the sector,” the guidelines said.

The guidelines also invited proposals that “report from perspectives including Pacific, pan-Asian, women, youth, children, persons with disabilities [and] other ethnic communities” — as well as those “made by Māori about Māori perspectives, issues and interests prioritising the needs of Māori .”

This was a change of focus for NZ On Air, whose website says:

“Because of the significant public funding available for Māori content provided through Māori  Television and Te Māngai Pāho, we allocate funding for Māori programmes as a relatively modest proportion, given our other statutory requirements.”

At a NZ on Air summit in June, NZ on Air’s recently appointed head of journalism Raewyn Rasch told media representatives she was disappointed by some of the applications.

“Whether (they) provided public interest journalism, not just business-as-usual journalism, was in question,” she told online service BusinessDesk.

Rasch said she had been in touch with the shortlisted news organisations to “fine-tune ideas”.

Need for more diversity
“We are also particularly conscious of the need for more diversity, and Māori, Pacific, and Asian journalism,” she told BusinessDesk in June.

Participants were also told they had failed to fully grasp the need to collaborate.

“I know it caused a lot of grinding of teeth in the industry and there was pushback. But the conversations wouldn’t have happened in any other situation,” Rasch told Mediawatch.

Where the money will go
On Thursday, NZOA announced where the first $9.6m was going (see full list here).

Around 40 percent has gone to projects benefiting Māori journalism.

A training programme called Te Rito aims to train and hire 25 journalists and cadets to inject more Māori and “diverse voices” into the news media. Te Rito is a collaboration between Māori Television, Newshub, NZME, and Pacific Media Network and others media organisations in support.

Other funded projects include a boost in funding for Auckland urban Māori station Radio Waatea to deliver programmes and news to 20 Iwi stations around the country, and The Rotorua Weekender will print a weekly bilingual section.

Non-Māori-specific projects include a BusinessDesk series on how our public service measures up and a follow-up to the Inside Child Poverty documentary which screened 10 years ago. (The funding of that created a political interference controversy when a National-led government was in charge.)

Programmes and investigations on what will happen when the Alpine fault ruptures, the spread of type 2 diabetes and how to fight public health misinformation have also been funded on a range of platforms — many of them not run by the big names in local media.

Rasch said journalism in the regions been “particularly hard-hit” and must also be a priority.

But a separate currently publicly funded initiative – the Local Democracy Reporting Service – is already up and running and being expanded.

“That is working and providing news to local and regional areas that probably wouldn’t have been there otherwise. We are very careful about duplication. The LDRS is very focused on local government reporting and the Local Focus videos are a broader look at community news,” Rasch told Mediawatch.

Political project?
Opposition politicians have complained that the media would be reluctant to bite the government hand that’s feeding them more in future.

“$50 million paid to the media last year; another $55 million this year. Does that buy compliance?” asked National Party leader Judith Collins in an interview on Facebook this week.

“You have the government helping out the media because they say it’s good to have the media but: ‘You have to say what we think’? I don’t buy it. And I don’t think the media should buy it, but obviously some have completely drunk the Kool Aid,” she said.

“Why is it part of the conditions that you have to promote the principles of the Treaty of Waitangi? What the hell’s this got to do with a free media and free speech?” she asked.

Some commentators see fish-hooks in it too.

“Any news outlet that seeks money from the fund is signing up to a politicised project whose rules are fundamentally incompatible with free and independent journalism,” former editor Karl du Fresne said in a recent letter to the Dominion Post.

Writing about “the dangers of putting media on the government’s payroll,” Graham Adams said the role that the Treaty should play in our constitutional and political arrangements is a hot issue at the moment.

“But any journalist who wanted to revisit dissenting views on the Treaty as a partnership — as former PMs David Lange and Geoffrey Palmer had done — would be out of luck,” he said.

Would proposals wanting to explore – say – He Puapua be considered  – or deemed out of sync with Te Tiriti principles?

“We absolutely want to encourage conversation but we want to ensure that it is fair and that it is coming from an understanding of what Te Tiriti is actually about – so we are not just getting into a polarised debate. We want to make sure both sides of the story can be told. I don’t see why that would be bad,“ she said.

“I take offence at some of those comments. I do not see how encouraging and incentivising our media to understand our founding document and provide better engagement with all New Zealanders is a bad thing,“ Raewyn Rasch told Mediawatch. 

“They are confusing two things. The fund does not editorialise on how they cover issues or what they say in their coverage. But it does require that they understand Te Tiriti principles. So if you understand those and you want to be critical of those, then all well and good,” Rasch said.

“But many media organisations do not understand Te Tiriti and the conversations they are curating run the risk of being biased, racist and not delivering to the Te Tiriti partner – Māori or tangata whenua,” she said.

Business as usual?
Some of the things bankrolled by the new fund were already funded by New Zealand On Air, such as RNZ and Newsroom’s daily podcast The Detail, the Local Focus regional news videos hosted by NZHerald.co.nz and the TV news for Dunedin-based Channel39, The South Tonight.

Radio Waatea’s current affairs show Paakiwaha, which receives $430,000 from the new fund, has been on air for years.

Is that “business as usual,” which Rasch said the fund was not for?

“Because those things were already funded it makes sense for them to come into the journalism fund. It’s basically tidying things up and putting them all in context with all the other journalism projects. But they still had to compete against other projects and they all met the requirements of the PIJF,” Rasch said.

“Paakiwaha will turn into a morning current affairs show that is essentially a Māori ‘Morning Report’. At the moment it’s interview-based but we are beefing it up with journalists so it will actually be able to go out and cover news and events,” Rasch said.

There are several journalism training schools and tertiary courses available around the country –- as well as internship programmes at media companies. Is the Te Rito training programme a declaration that these have failed to deliver Māori  and Pasifika journalists to the media?

“There is a huge need. At the moment no institution is training Māori journalists and the training has been funneled into three-year degrees. The number of applications we have from the industry shows the need to bring more into the journalism sector and train them with hands-on skills they feel they need in the newsroom,” she said.

“In particular Māori journalism is at a crisis stage because what tends to happen is that at the moment the only training is by Māori Television who identify some stars from kura, bring them in and then they are poached,” Rasch said.

For some projects, the relevance of Te Tiriti o Waitangi principles may not be obvious.

For example, Fault Lines, billed as “explanatory journalism looking at the science behind, and the communities at risk of, the rupture of the Alpine Fault.”

“Te Tiriti actually comes into everything, When we first looked at that proposal, we noted that there was no Māori content in their proposal at all. So we went back to the proposers and had a chat. They have come back with the project that’s stronger because now they’ve had some engagement with Ngai Tahu who have lots of experience on earthquakes and how it affects the community,” said Rasch.

“I think we have strengthened their proposal because now it has an element that will actually provide for Māori audiences and also a viewpoint other audiences may not have seen before. It wasn’t a requirement that was onerous and I think they would say themselves that it’s a good thing,” Rasch said

“I’m not sure why in 2021 I need to explain to media that actually it’s important that Māori voices are seen and heard,” Rasch told Mediawatch.

This article is republished under a community partnership agreement with RNZ.

A brown, bicultural generation is changing the face of New Zealand.

That’s according to the Minister for Pacific Peoples, ‘Aupito Sua William Sio, who has previously told RNZ Pacific that as many as two thirds of New Zealand born-Pasifika now had Māori whakapapa as well.

He says that although the Māori-Pasifika dynamic is not a new phenomenon, there is definitely a more apparent and visible presence now.

“You go back to the 1960s and 70s when New Zealanders invited the Pacific workforce to fill the booming manufacturing industry, the freezing works and the forestry and you trace where the people were in South Auckland, in the Waikato regions in Tokoroa, Rotorua and up north, and you will find people who descend from relationships during that workplace,” he says.

“Now that our communities have migrated to the regions, they are settled, they’ve got jobs and are really putting their roots in the ground. I’m seeing that more and more.

“And I’m trying to describe it as the Generation Six Bs – people who are brown, obviously, but they’re brainy, they’re beautiful and bicultural. They’re bilingual, and they’re bold.”

“They’re brainy, they’re beautiful and bicultural. They’re bilingual, and they’re bold.” – ‘Aupito William Sio

So how does this shape the minister’s approach to what the government does?

Collaborating at grassroots level
Since 2018,  ‘Aupito has wanted to formalise the so-called “tuakana-teina” relationship between Māori and Pacific people in an effort to collaborate more at grassroots level.

“I will have ongoing conversations with my Māori caucus colleagues, I think in the last three years in regional New Zealand, we were recognising this and so were my Māori ministers, and so interestingly enough when I said to the Minister of Provincial Growth Fund at the time, I was saying ‘are you seeing what I’m seeing with this diversity of young Pasifika who whakapapa to Māori?’

“He said, ‘yes I am starting to see these long names on the land register’, and even the Minister of Youth Affairs at the time was also acknowledging that he was capturing that diversity.”

‘Aupito said these conversations would continue to see how best Māori and Pasifika could work together.

However, he conceded data could often be unreliable when it came to Pasifika and Māori people, as those collecting the information often lumped them together.

Lourdes Vano is one person who refuses to be put into a single box.

Of Cook Island, Samoan and Ngāti Kahungunu ki Wairoa stock, the university student and aspiring politician was on a journey of learning about all three cultures.

‘Learning my ancestry’
“It’s just learning all the different words, and also learning my ancestry, learning about my tupuna, and how they all fit together and where they all come from and what our family tree history is.”

Vano’s efforts were not just for her.

“I’m also doing this so that my siblings don’t have to make too much of a trip to find out about themselves, which is a really, really important sort of taonga, a gift that I want to pass on to them.

“I’ve always felt strongest when I know when I learn more about myself and I learn more about my tupuna and where I’ve come from, and I want to be able to give them that feeling as well.”

Vano says she doesn’t want her whānau to face as many barriers as she had.

“A lot of those barriers include what has happened in the process of colonisation where things have been cut off from us or gatekept from us where we have to pay money or we have to jump through a couple of loops to get to our own history.”

For Vano, straddling multiple cultures can be challenging.

‘Including my islands’
I have found myself in the past leaning into different parts of myself, depending on my environment, depending on where I am. But recently I’ve been trying to notice when I’m doing that. One of the ways that I’m trying to break out of that is including my islands in my pepeha and never refusing any part of myself.”

She points to Green MP Teanau Tuiono as inspiration. From Ngāpuhi and Atiu in the Cook Islands, he talked about his whakapapa during his maiden speech to Parliament in December.

People had asked if he was half Māori and half Pasifika.

“Nah, bro. If anything, I’m whole,” Tuiono said in the House.

“I don’t think anyone is half anything. If anything, I’m double. If I was a beer, I would be Double Brown. If I was the flavour down at the dairy, I’ll be twice as nice but the only half the price. I am two peas in the cultural pod.”

Vano says she has now grown to see the beauty of being both Tagata Pasifika and Tangata Whenua.

“I did struggle with it at first trying to figure out where I fit in but I think the more I learn about these things, the more beautiful it becomes to me and how lucky I am to be able to connect to so many different places and so many very cool places.

Many different communities
“I’m really glad that I am a part of so many different communities that work so well together and have always worked so well together and we were doing amazing things thousands of years ago.They were sailing the ocean hundreds of people at a time and hundreds and hundreds of miles away to get to an island,” Vano says.

Hine Funaki is of Ngāpuhi, Ngāti Whatua, Ngāi Tahu and Tongan heritage and is a doctoral student at Te Herenga Waka Victoria University.

She is also on a journey. One that began when she was a toddler at Kōhanga Reo and primary school where she learnt in a full immersion Māori environment.

However, things changed at high school.

“I just went straight into mainstream thinking that, you know, it wasn’t going to get you anywhere. I kind of bought into their narrative, better off learning Spanish or Mandarin or something else so that you can travel and make money and all this Pākehā or Western concept of success. So I started trying to follow that path and it wasn’t working for me.”

Funaki dropped out of high school at 16, with no qualification, thinking that was her lot in life. She then fell pregnant at 19 and had her son at 20. Her moment of clarity.

“I just knew that he couldn’t go down that same path that I went down, and believe those lies.”

Pivotal moment
So Funaki enrolled as an adult university student and reached another pivotal moment when meeting someone who would eventually become her mentor.

“In my third year of undergrad, I had Cherie Chu, she was in Pacific education and her courses were completely different to the two years that I was doing prior to that, I was with Pākehā lecturers all the time.

“The assignments I didn’t understand, I didn’t understand the literature. I just felt so unconfident and inadequate. And then in my third year, I finally met somebody who made the class inclusive, assessments inclusive and accessible. The literature, I understood it.”

Funaki continues to play it forward, mentoring young Māori and Pacific students as they try to navigate a world which has not always welcomed them.

“I can’t turn off the fact that I walk in these multiple different worlds. And so I carry that lens with me all the time and so I think of spaces all the time, physical spaces, relational spaces, theoretical spaces, and so if that space feels safe with certain people, then I feel like I can navigate it a bit more smoothly. Even if I’m still figuring it out. I can do it without feeling ashamed.

“Like I can mess up, and it’s okay, but if it’s in a space like predominantly Pākehā, Western, white spaces, if that whakamā is there, I won’t feel safe to even try and instead I just try and push back or I select spaces that I go to that I know I will feel more comfortable.”

But when Funaki and her colleagues addressed a workshop about how more professors could be Māori and Pasifika, she realised it was important to share stories for change.

Changing the dynamic
Funaki says it is about claiming spaces and changing the dynamic so that she comes from a perspective of pushing for change and not delivering trauma on a silver platter for others to consume.

Funaki keeps advocating for her people, driven by her heritage, both from the Pacific and Aotearoa.

“I can’t just be quiet and complacent. I can’t not say anything or call anything out when injustice is happening, like I feel the need to even more speak up because of my ancestors. When you know you have Pasifika descent in your family who migrated over for the idea of wanting better, or the land of milk and honey.

“You feel this obligation to give back and to do something with that sacrifice they have given. So having this Tongan inside of me and knowing that even though I’m not immersed fully in the Tongan culture, I still feel proud that that’s in my blood.”

Funaki says her Māori heritage and the struggles in institutions like universities, gave her even more motivation.

But still, it could be physically, mentally and spiritually tiring. Funaki said it was her pride in who she was that maintained her.

“That ancestral link, that blood that we have. What our people did to even get here. That’s not by chance or accident. That was navigation, that was intelligence. That’s science. Our people are smart and always have been, for generations. So I’m proud to be Māori and Tongan.”

Proud of his mixed heritage
Haereiti Hetet is someone else who is proud of his mixed heritage. The Fijian rugby international represented his mother’s whakapapa, from Ngāti Maniapoto and Ngāti Tuwharetoa, when he turned out for the Māori All Blacks in 2019, ironically against Fiji. He said being involved in that team made him want to learn more of the Māori language.

Although born and bred in Otorohanga, and surrounded mostly by his Māori whānau, Hetet said rugby had allowed greater access to both his cultures. When it came to his time with the Flying Fijians in 2020 and the Māori All Blacks the year before, both teams took time and made space to acknowledge their wairua, whether it be Fijian prayers and hymns sung multiple times during the day, or karakia and waiata with the Māori team.

“I’m probably still trying to really, fully connect. I want to understand both languages still, it’s still an ongoing journey,” Hetet says.

However, it was challenging trying to connect and learn two cultures and languages in the course of what has become a busy life.

“Throughout the day, you run out of time, you go to work, I’m still trying to train regularly to stay in good condition, just in case somebody comes up. I also have a small family as well, so it’s just finding a balance.”

Hetet says he is trying to find an hour, or a half an hour to keep his learning going. He hopes one day to get to his father’s [former Fijian international Joe Veitayaki] island of Matuku to take his cultural journey to the next level, but in the meantime he will continue to connect via his marae and community in Aotearoa.

And as Aotearoa marked another Waitangi Day, he believes it is a good opportunity for Māori to have their voice heard as they continue to fight for land and rights as tangata whenua.

Waitangi Day unsettling
But for Hine Funaki – Waitangi Day is unsettling.

“To me it’s like this constant reminder of, let’s pretend we have this romanticised lens of a bicultural partnership and then let’s even claim multiculturalism, because we are a multi-ethnic nation and it’s like this time to celebrate and put on these pretty window dressings for another year.”

But Funaki says it is lies.

“Where’s the part where you acknowledge your treaty roles, where’s the part where partnership actually means something and doing something together as equals? That doesn’t mean junior partnerships,” she says.

Lourdes Vano understands that hurt. For her, the day is an opportunity for education and information.

“If you don’t know what to do on Waitangi Day and you’re scared of contributing to something that you don’t know completely about, use it as a day for education. Ranginui Walker’s Struggle Without End is a really good starter book about Māori history and New Zealand/Aotearoa and really sets the scene and gives so much context for Waitangi Day.”

Vano says people could also use it as a day to find out how they could support tangata whenua.

They sound like words from this growing Generation B – so named by ‘Aupito William Sio – Brown, Brainy, Beautiful, Bicultural, Bilingual and Bold.

This article is republished under a community partnership agreement with RNZ.

Allegations of casual and structural racism within the University of Waikato have been met with resounding silence from the university’s leaders, Professor of Indigenous Education Linda Tuhiwai Smith says.

She is one of six academics who have written a 13-page letter to the Ministry of Education alerting it of their concerns, and demanding that racism within the university be dealt with.

The allegations include Māori expertise being ignored, tokenism, lower pay for Māori staff and no meaningful commitment to the Treaty of Waitangi.

• READ MORE: As Māori students faced education inequality during lockdown, iwi stepped up – report

Professor Linda Tuhiwai Smith said it was surprising no one from the university had reached out.

“There are two ways that you can attend to our claim. You can go into defensive mode and scurry around and try to manage us as a crisis, and I think that’s what’s happening to be honest. The other way is to say, ‘oh my God, there’s a problem, we need to sit down and talk about it because why would senior staff speak out?’

“In terms of leadership, a phone call would have been quite good or someone acknowledging that a problem has been identified and trying to talk about that. But silence is an interesting response.”

She said casual racism was occurring every day for Māori staff members.

Science research ignored
“For many Māori who work in the university, especially when they are on their own, casual racism can vary from comments made to people about ‘you people’ that might refer to something in the news, the mispronunciation of your name, all the way to examples of younger scholars having their work dismissed or being asked to contribute to the Māori part of a project but then the science that they have a PhD in is completely ignored,” she said.

“Part of the structural racism is a failure to fully commit to the rhetoric that many institutions already have about their commitment to Te Tiriti o Waitangi, their commitment to equity, their commitment to vision mātauranga and Māori knowledge and te reo Māori and all those things.

“It’s all at the surface. It hasn’t really developed. It’s limited in the sense that it is a very small part and we’re often reminded of just how small we really are.

“The systemic issue is deeply imbedded in academic subject matter in the way that certain forms of knowledge are privileged.”

The university has publicly refuted all allegations.

In a statement the University of Waikato Chancellor, Sir Anand Satyanand, said all allegations of racism were taken seriously.

“The Vice-Chancellor and University Council take allegations of racism seriously and if any members of our community have concerns we encourage them to raise them through the appropriate channel, and in the context of the University’s policies and codes of conduct, so that the university has an opportunity to investigate them.”

The Ministry of Education says it has responded to the letter, but could not add anything further.

This article is republished by the Pacific Media Centre under a partnership agreement with RNZ.