The separation framework

The Separation Framework is an interconnected set of laws, judicial rulings and institutions creating a mechanism for the development of race based laws. It underpins the legal and ideological foundation for New Zealand's race based laws which privilege Maori tribal entities and individuals politically, culturally and economically.

The Race Based Laws, developed through the Separation Framework, have resulted in a form of corruption, the undue influence of Maori tribal entities upon New Zealand’s  governance, economy and society.

• He Puapua a blueprint for co-governance under the United Nations Declaration on the Rights of Indigenous Peoples 
• Waitangi Tribunal
• Principles of the Treaty of Waitangi: Waitangi Tribunal and Courts
• Separate representation (National and Local government)
• Government: Ministry of Maori Development, vote Treaty Negotiations (race based funding)
• NZ Bill of Human Rights Act: section 19(2) (race based affirmative action - minority rights)
• Acts promoting indoctrination and historical revisionism

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The race based laws

Race based legal rights

Treaty of Waitangi Act 1975: section 6, (jurisdiction of Waitangi Tribunal to hear claims prejudicial to Maori or group of Maoris); refer: Special privileges for maori people. Legal Services Act 2011: Subpart 6 - Legal aid grants for Treaty of Waitangi Claimants

Separate representation (Maori individuals)

General elections

Electoral Act 1993: section 45 (establishes separate electorates for Maori),  section 3 (Maori means "a person of the Maori race of New Zealand, and includes any descendant of such a person); section 28(4) (the two persons determining the boundaries of the Maori electorates shall be Maori)

Local body elections

Local Electoral Act 2001: section 24A(1) (provides for separate Maori representation), section 19Z (Territorial authority or regional council may resolve to establish Māori wards or Māori constituencies)

Local Government Act 2002: section 81(1)(a)& (b) (a Local Authority must establish and maintain processes to provide opportunities for Maori to contribute to the decision making process of the local authority, and consider ways in which it may foster the development of Maori capacity to contribute to the decision-making processes)

Local Government Act 2002: section 40(1)d (requires local authorities to prepare three yearly local governance statement including the option of establishing Maori wards) 

Bay of Plenty Regional Council (Maori Constituency Empowering) Act 2001: section 6 (establishes Maori constituency members)

Direct economic advantage (Maori collectives)

Income tax

Charitable status: Charities Act 2005: section 5(2)(a) (blood relatives) and section 5(2)(b) (marae land charitable). These rules allow almost all Maori entities (iwi, runanga, post-settlement governance entities etc) to register as charities.

The combined effect of the Charities Act and section CW 42(1) of the Income Tax Act 2007, which exempts the business income of charities from income tax, is that Maori entities (Maori Authorities and Maori Trusts, tax codes "MA" and "MT") with combined assets of approximately $15 billion, pay virtually nil income tax.

Non-exempt charities: interest received on assets paid by the Crown to settle a Treaty of Waitangi claim is ignored for purposes of income calculation: Income Tax Act section HR12(3)(c)(i)

Maori Authority rules: Income Tax Act 2007: section HF 2 Maori Authority rules (lower taxation rate and dividend deduction rate):

Maori Authorities: concessionary income tax rate on retained earnings of 17.5% (compare with the Corporation tax rate: 28% and Trustee Rate: 33%). This distinction is largely academic as so few Maori Authorities pay income tax.

Taxation of Maori Authority Distributions (equivalent to the payment of a dividend to shareholders) is 17.5% (compare with the standard dividend taxation rate of 33%). 

Maori Authority credits (equivalent to imputation credits attached to dividends) are refundable to recipients in cash rather than being converted to losses to carry forward. This is a major advantage to iwi/hapu receiving dividend income from Aotearoa Fisheries Ltd that don't pay tax and would otherwise accumulate unusable tax losses. 

Auckland Independent Maori Statutory Board

Local Government (Auckland Council) Act 2009: Part 7 section 81 (Auckland Independent Maori Statutory Board - promote cultural, economic, environmental and social issues significant for mana whenua and mataawaka), section 88(1)(c) (Auckland Council must take into account the Board's advice on ensuring input of mana whenua groups and mataawaka of Tamaki Makaurau is reflected in the Council's strategies, policies and plans), section 88(1)(f) Auckland Council must work with the Board on the design and execution of documents and processes that relate to the input of mana whenua groups and mataawaka of Tamaki Makaurau)

Commercial fisheries and aquaculture

Maori Fisheries Act 1989 (granted 10% of all fish quota holdings at the time (or cash equivalent) to the Maori Fisheries Commission)

Treaty of Waitangi (Fisheries Claims) Settlement Act 1992: Preamble (a)(Crown confirms and guarantees to the Chiefs, tribes, and individual Maori full exclusive and undisturbed possession and te tino rangatiratanga of their fisheries) 

Fisheries Act 1996: section 44 (allocates 20% of any new quota management stocks to the Treaty of Waitangi Fisheries Commission)

Maori Commercial Aquaculture Claims Settlement Act 2004: section 22(1) (Crown must ensure that the Trustee is provided with space in the coastal marine area for the purpose of aquaculture activities equivalent to 20% of pre-commencement space).

Land ownership

Te Ture Whenua Maori Act 1993: Maori Land Act 1993: section 17(1)(a) (the primary objective of the (Maori Land Court) shall be to promote and assist in the retention of Maori land and General land owned by Maori in the hands of the owners)

Local Government Act 2002: section 102 (a local authority must have a policy on remission of rates on Maori freehold land) and Local Government (Rating) Act 2002: section 93 (rates relief on Maori freehold land - trustees are liable for rates only to the extent of the money derived from the land). To view land covered by the te Ture Whenua Maori Act 1993 click here

Local Government (Rating of Whenua Māori) Amendment Act 2021 - amended to further promote the retention of Maori owned land. Section 114A (1) allows Maori ratepayers to apply in writing for a rates remission where the land is or will be developed.

exempts some Maori land from rates. 

Land Transfer Act 2017: section 159 (application for adverse possession cannot be made against Maori land)

Treaty of Waitangi (State Enterprises) Act 1988: Preamble (clause g) (protection of Maori claims to land transferred to State Owned Enterprises, (i) including power of the Waitangi Tribunal to make binding recommendation for return of land or interests in land to Maori ownership, and (ii) requiring Waitangi Tribunal to hear claim as if land or interests had not been transferred, and (iii) precludes State enterprises and successors from being heard by the Tribunal on such claims)

Land Transport Management Act 2003: section 22 (Maori roadways may qualify for payment from the national land transport fund)

Ngai Tahu Settlement Act: Sections 255 - 268: Section 256(2) nohoanga entitlements allow members of Ngai Tahu to exercise exclusive rights of occupation over Crown [public] land close to waterways for the purposes of fishing and gathering of natural resources. Section 259: the holder of a nohoanga entitlement has the right to occupy the entitlement land to the exclusion of any other person for up to 210 days in any calendar year. Section 256(3) The Crown must establish 72 nohoanga entitlements. Refer also "Fenton Agreements".

 

Special ownership rights (Maori collectives)

Coastal and Marine Area - Customary Marine Title

Marine and Coastal (Takutai Moana) Act 2011: section 58 (Customary Marine Title may be granted to iwi, hapu, whanau over common marine and coastal area i.e foreshore and seabed), section 45(4) (first right of refusal reclaimed land); section 62(1)f(i) (grant of Customary Marine Title includes ownership of non-nationalised seabed minerals)

Greenstone (pounamu)

Ngai Tahu (Pounamu Vesting) Act 1997 Section 3 Transfers ownership of greenstone within the Ngai Tahu takiwa and seabed from the Crown to Ngai Tahu.

Crown forest land 

Crown Forests Act 1989: section 35(2) (The Crown shall not sell, assign or otherwise dispose of, or deal with, any rights or interests in any Crown forestry licence unless the Waitangi Tribunal has made a recommendation under the Treaty of Waitangi Act 1975), section 36(1) (where the Waitangi Tribunal makes a recommendation for the return to Maori ownership, the Crown shall (a) return the land, and (b) pay compensation in accordance with Schedule)

Ancestral based rights and privilege: partnership, co-governance, joint management, and delegation to iwi

Local Body Committee co-governance

Hawke's Bay Regional Planning Committee 2015: section 11 (entrenched 50:50 co-governance of iwi appointees with voting rights on Committee governing Hawke's Bay's natural resource planning) 

mana tuku iho

Marine and Coastal Area (Takutai Moana) Act 2011: section 4 (recognises and contributes to the continuing exercise of mana tuku iho, section 9 Mana Tuku Iho (the inherited right or authority according to tikanga by iwi) as tangata whenua over the marine and coastal area)

Te Ture Whenua Maori Act 1993: Maori Land Act 1993: Preamble (for the protection of the rangatiratanga exchanged for kawanatanga in the Treaty of Waitangi: land is a taonga tuku iho, Act to promote the retention of land in the hands of its owners, etc)

Nga Wai o Maniapoto (Waipa River) Act 2012: section 4(14) (Guiding principle is co-government and co-management with Crown)

kaitiakitanga

Resource Management Act 1991: section 9 (kaitiakitanga: means the exercise of guardianship by the tangata whenua of an area in accordance with tikanga Maori in relation to natural and physical resources; and includes the ethic of stewardship)

Marine and Coastal Area (Takutai Moana) Act 2011: section 47 (kaitiakitanga), section 50 (stranded mammals)

Environmental Protection Authority Act 2011: section 19 (Maori Advisory Committee provides advice to a marine consent authority, advice must be given from a Maori perspective)

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: section 59(3)(c) (Marine Consent Authority must have regard to advice received from Maori Advisory Committee when granting marine consent), section 46(1)(b)(ii)(C)(D)(E) (Environmental Protection Agency must serve copy of consent applications on iwi authorities, customary marine title groups, protected customary rights groups affected by the activity)

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: Hauraki Gulf Marine Park Act 2000: section 3 (d) and (e) (co-governance)

Fisheries Act 1996: (the exercise of guardianship in relation to any fisheries resources, and includes the ethic of stewardship based on the nature of the resources as exercised by the appropriate tangata whenua in accordance with tikanga Maori)

Rahui (de facto implementation over fisheries)

Fisheries Act 1996: section 186A Minister may temporarily: (1)(a) close any area of New Zealand fisheries waters or, (1)(b) restrict or prohibit the use of any fishing method, any species of fish, aquatic life or seaweed if it will recognise and make provision for the use and management practices of tangata whenua in the exercise of non-commercial fishing rights by (2)(a) improving the availablity or size of fish, aquatic life or seaweed; or (2)(b) recognising a customary fishing practice in the area

186A(5)(a) and (6): The notice may be in force for not more than 2 years but may be renewed. 186A(8): An individual commits an offence who takes any fish, aquatic life or seaweed from a closed area or uses a prohibited fishing method.

186(7)(b): the Minister must provide for the input and participation in the decision-making process of tangata whenua with a non-commercial interest in the species or the effects of fishing in the area concerned, having particular regard to kaitiakitanga

Penalties: Section 252(6) : Every person convicted of an offence is liable to a fine not exceeding $5,000

mana whenua

Resource Management Act 1991: section 9 (mana whenua means customary authority exercised by an iwi or hapu in an identified area)

Resource Legislation Amendment Act 2017: Mana Whakahono a Rohe: Iwi Participation arrangements: sections 58L - 58U

Resource Legislation Amendment Act 2017: section 58M (purpose of Agreements is to provide a mechanism for tangata whenua through iwi authorities to participate in resource and decision making processes under the RMA)

Resource Management Act 1991: delegation: section 33(2)(b) (local authority may transfer its functions, powers or duties under the RMA to an iwi authority)

Resource Management Act 1991: joint management: joint management agreement (an agreement by a local authority with an iwi authority or hapu groups providing for the parties to jointly perform the local authority's functions, powers or duties under the RMA

Hawke's Bay Regional Planning Committee Act 2015: section 11 (Regional Council committee co-governance between mana whenua and elected representatives overseeing development and review of RMA documents) 

Local Government Act 2002: section 77(1)(c) (when making a significant decision relating to land or a body of water, a local authority must take into account the relationship of Maori and their culture and traditions with their ancestral land, water, waahi tapu, valued flora and fauna, and other taonga)

Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010: section 4(g) (Waikato River co-governance), and Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010: section 4(f) (Waikato River co-governance). (NB. river clean up costs taxpayer funded)

Ngai Tahu Claims Settlement (Resource management Consent Notification) Regulations 1999: section 3: consent authorities must send a summary of resource consent applications for activities within, adjacent to or impacting on a statutory area to te Runanga o Ngai Tahu as soon as reasonably possible

Taipuika Claims Settlement Act 2014: section 118 (Members of Kaituna River Authority) (co-governance)

Ngai Tahu Claims Settlement Act 1998: section 331

Fiordland (Te Moana o Atawhenua) Marine Management Act 2005: section 3 (kaitiakitanga)

Nga Wai o Maniapoto (Waipa River Act) 2012: section 10

Ngāti Manuhiri Claims Settlement Act 2012: subpart 8

Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010: Part 2 (co-governance Waikato River)

Te Rarawa Claims Settlement Act 2015: subpart 3: (co-governance conservation land)

Ngai Takoto Claims Settlement Act 2015: subpart 3: (conservation land)

Te Aupouri Claims Settlement Act 2015: subpart 3: (conservation land)

et.c

Water management

Environment Canterbury (Transitional Governance Arrangements) Act 2016: Schedule 3 Clause 3 (Kaitiakitanga - The exercise of kaitiakitanga by Ngai Tahu applies to all water and lakes, rivers, hapua, waterways and wetlands, and shall be carried out in accordance with tikanga Maori)

Customary fisheries - marine: Kaimoana Customary Fishing and Taiapure-local fisheries

rangatiratanga*

*"Rangatiratanga" is a word that appears in the preamble and article 2 of the Maori text of the Treaty. In 1840 it translated the English words "possession" or "ownership". In the 1980s a Waitangi Tribunal member who took a "what the chiefs might have understood" view of the treaty surmised, against written evidence of what the chiefs showed that they actually understood, that "rangatiratanga" may have meant "chiefly authority". That new meaning stuck and passed into practice and legislation. The new meaning enabled some to assert a type of authority over assets understood to be owned by all (such as the coastal area). It also enabled claims for compensation for being denied the ability to exercise chiefly authority in a post-Treaty society that increasingly no longer had a role for chiefs in governance.

Treaty of Waitangi (Fisheries Claims) Settlement Act 1992: Preamble (k) (Crown recognises duty under Treaty to develop policies to help recognise use and management practices and provide protection for and scope for exercise of rangatiratanga in respect of traditional fisheries); section 10 (provides for the making of regulations pursuant to recognise and provide for customary food gathering by Maori): Fisheries (Kaimoana Customary Fishing) Regulations 1998: section 11 (Power of a Tangata Kaitiaki/Tiaki to authorise taking of fisheries resources for customary food gathering; Fisheries (South Island Customary Fishing) Regulations 1999: clause 11 (Power to authorise taking of fish, aquatic life, or seaweed for customary food gathering)

Treaty of Waitangi (Fisheries Claims) Settlement Act 1992: Part 9 (section 174 to 185), section 175 (Governor General may declare any area of New Zealand fisheries (estuarine or littoral coastal waters) to be a taiapure-local fishery, section 177 (area of special significance to iwi or hapu as a food source or spiritual or cultural reasons) 

Fisheries Act 1996: section 174 (better provision for recognition of rangatiratanga over Taiapure-local fisheries and customary fishing)

Freshwater fisheries co-management 

Raukawa Claims Settlement Act 2014: (co-management rights to Raukawa in the Upper Waikato fisheries area, these agreements give Raukawa a right to co-manage a part of the Waipā River)

Fisheries (Ngāti Tūwharetoa, Raukawa, and Te Arawa River Iwi) Regulations 2017 clause 7 (manage and enhance the fisheries resources of the Waikato River....to enable customary practices that are consistent with tikanga and kawa), clause 6 (Customary Gathering)

 

Maori spirituality, Animism

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017: section 14 (declares that the Whanganui River has all the rights, powers, duties and liabilities of a legal person; the rights, powers and duties of the River (Te Awa Tupua) are exercised by two persons (Te Pou Tupua) appointed under section 18). Section 25: deems the Te Awa Tupua and Te Pou Tupua to be the same person for the purposes of the Inland Revenue Acts, GST etc)

Ngai Tahu Claims Settlement Act 1998: Section 239: the Crown acknowledges "Ngai Tahu values" in relation to a Topuni; Section 237: Topuni means an area of land administered under the National Parks Act 1980, the Conservation Act 1987 or Reserves Act 1977;  Section 238: areas described in Schedules 80 to 93 are declared Topuni. Section 240: Ngai Tahu and the Crown may agree on principles directed at the Minister of Conservation avoiding harm to or diminishing the Ngai Tahu values in relation to each Topuni

Special rights to be consulted

Biosecurity Act 1993: section 72

Climate Change Response Act 2002: section 3A; section 160; section 269

Conservation Act 1987: section 17F, section 17K, section 17M

Crown Minerals Act 1991: section 14(1)(b); section 17; section 33C

Energy Efficiency and Conservation Act 2000: section 13

Environmental Reporting Act 2015: section 19(3)(d) (Ministers must consult iwi authorities)

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: section 32(2)(a) & (d)

Fisheries Act 1996: Consultation: to provide for utilisation of fisheries resources while ensuring sustainability: section 12(a)& (b) (before doing anything under sections 11(1), 11(4), 11A(1),13(1),13(4), 13(7),14(1), 14(3),14(6)124B(1),15(1) and 15(2) or recommending the making of an Order in Council under section 13(9) or section 14(8) or section 14A(1) the Minister shall consult with... including Maori, and provide for the input and participation of tangata whenua having a non-commercial interest or an interest in the effects of fishing on the aquatic environment, and have regard to kaitiakitanga) 

Game Animals Council Act 2013: section 71

Gambling Act: section 102(1)(b) (consultative procedure with organisations representing Maori) 

Heritage New Zealand Pouhere Taonga Act 2014: section 46(4) (scientific investigation of site of interest to Maori requires consent of iwi or hapu)

Land Transport Management Act 2003: section 18G(1)(c) (Land Transport Management Agency, Auckland Council must separately consult Maori where proposed activity may affect Maori historical, cultural or spiritual interests), section 103(6) (Agency may not declare State highway if declaration will affect Maori land without consultation)

Local Government Act 2002: section 82(2)  (local authority must ensure it has in place processes for consulting with Maori)

Marine and Coastal Area (Takutai Moana) Act 2011: section 4; section 45; section 47; section 50; section 55; section 62; section 71; section 77

Maritime Transport Act 1994: section 291(3)

Ngai Tahu Claims Settlement Act 1998: section 293 Minister of Conservation must consult with and have particular regard to views of Ngai Tahu over policy decisions and plans relating to taonga species

National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act 2003: section 16(2) (Minister must consult with Minister of Maori Affairs before appointing Guardians to the Alexander Turnbull Library), section 22(3) (Information Advisory Commission Nga Kaiwhakamara i nga Korero)

National Parks Act 1980: section 30(2)

Racing Act 2003: section 65E (special consultative procedure appropriate to organisations representing Maori)

Resource Management Act 1991: section1A; section 3; section 6(e); section 7; section 8; section 33; section 34A; section 36B; section 46A; section 61(2); section 58; section 58D; section 58H; section 58M; section 74(2);section 149M; section 165E; section 187; section 199; section 360B; 

Social Workers Registration Act 2003: section 100 (Board must maintain mechanism to ensure views of Maori as tangata whenua are accessible)

Telecommunications Act 2001: section 101A,section 157AA (review of service obligations & regulatory framework) 

Te Ture mo Te Reo Maori 2016 maori Language Act 2016: section 9

Treaty of Waitangi (Fisheries Claims) Settlement Act 1992: section 10

Ngai Tahu Claims Settlement Act 1998:  section 196; section 213; section 242; section 249; section 260; section 282; section 293; section 294; section 303; section 304;

Waitakere Ranges Heritage Area Act 2008: section 33 

Principles of the Treaty of Waitangi: 

Waitangi Tribunal: Treaty of Waitangi Act 1975: Preamble  "it is desirable that a Tribunal be established to make recommendations on claims relating to the practical application of the principles of the Treaty and, for that purpose, to determine its meaning and effect and whether certain matters are inconsistent with those principles".

Acts requiring recognition, regard to, effect to, take into account et.c  "the principles of the Treaty of Waitangi":

Climate Change Response Act 2002: section 3A

Conservation Act 1987: section 4

Crown Minerals Act 1991: section 4

Crown Pastoral Land Act 1998: section 25

Crown Research Institutes Act 1992: section 10

Education Act 1989: section 181, Schedule 6 clause 16(2) (School Boards must act in a manner that is consistent with the principles of the Treaty of Waitangi)

Employment Relations Act 2000: schedule 1B Clause 10(1)(d) (Code of good faith for public health sector: during collective bargaining each party must, where appropriate, consider ways in which they can take into account tikanga Maori (Maori customary values and practices))

Energy Efficiency and Conservation Act 2000: section 6(d)

Environment Act 1986 purpose and Acts under which consents may be granted: refer Schedule:

Environmental Protection Authority Act 2011: section 4

Environmental Reporting Act 2015: section 5

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: Section 12

Harbour Boards Dry Land Endowment Revesting Act 1991: section 3

Hauraki Gulf Marine Park Act 2002: section 6

Hazardous Substances and New Organisms Act 1996: section 8

Heritage New Zealand Pouhere Taonga Act 2014: section 7

Land Transport Management Act 2003: section 4

Local Government Act 2002: section 4, section 14(1)(d) (principles: a Local Authority should provide opportunities for Maori to contribute to its decision-making processes)

Local Government (Auckland Council) Act 2009: Part 7

Marine and Coastal Area (Takutai Moana) Act 2011: section 4(1)b

Museum of Transport and Technology Act 2000: section 12(c) (must recognise biculturalism and the spirit of partnership and goodwill envisaged by the Treaty of Waitangi)

New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008: section 6

New Zealand Public Health and Disability Act 2000: section 5

Public Finance Act 1989: section 45Q

Public Records Act 2005: section 7 

Resource Management Act 1991: section 8 (all persons exercising functions and powers under it, in relation to managing the use, development, and protection of natural and physical resources, shall take into account the principles of the Treatyof Waitangi (Te Tiriti o Waitangi).

Royal Society of New Zealand Act 1997: section 24(2)

State-Owned Enterprises Act 1986: section 9 (nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Watangi)

Te Runanga o Ngai Tahu Act 1996: section 4

Te Ture mo Te Reo Maori 2016 Maori Language Act 2016: section 8(2)(g) (Maori language taonga protected by article 2 Treaty)

Te Ture Whenua Maori Act 1993: Maori Land Act 1993: Preamble

Waitutu Block Settlement Act 1997: Schedule 2 Clause 10

 

Indoctrination

Education Act 1989: Part1AA 1A(3)(c) Statement of National Education and Learning Priorities (objectives are to instil in each child and young person an appreciation of the importance of the following (ii) the diversity of society, (iii) cultural knowledge (iv) the Treaty of Waitangi and te reo Maori)

Preferential treatment of Maori as tangata whenua, Maori cultural values: tikanga Maori, te reo maori, te ao Maori and treaty principles

Arts Council of New Zealand Toi Aotearoa Act 2014: section 3 (Maori as tangata whenua)

Auckland War Memorial Act 1996: section 12

Building Act 2004: section 186 (Chief Executive must recognise tikanga Maori when making a determination)

Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014: clause 4(3)(d)(iii) (Hearings Panel - procedure to recognise tikanga Maori where appropriate), clause 12 (Hearings Panel may order to exclude public or restrict publication or communication of information if necessary to avoid serious offence to tikanga Maori)

Crown Minerals Act 1991: section 18(5)(a) (Minister may refuse Official Information Request if necessary to avoid serious offence to tikanga Maori)

Education Act 1989: Schedule 6 clause 16(3) (School Boards must take all reasonable steps to provide instruction in tikanga Māori (Māori culture) and te reo Māori (the Māori language) for full-time students whose parents ask for it), schedule 6 clause 6, schedule 21 section (1) 

Employment Relations Act 2000: schedule 1B 

Environmental Reporting Act 2015: section 5 (te ao Maori to be an impact category in preparing synthesis and domain reports, reports and topics to be informed by a Maori perspective)

Environmental Reporting (Topics for Environmental Reports Regulations) 2016: Section 10(d) (Impact topics include ..Matauranga Maori, tikanga Maori, and kaitiakitanga), Section 10(e) (customary use and mahinga kai)

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: section 12(a) (provides for decisions to be informed by a Maori perspective), Schedule 2 (2)(3)(b), etc (hearings must recognise tikanga maori where approriate and receive oral or written evidence in Maori), section 158(1)(a) (protection of sensitive information, to avoid serious offence to tikanga Maori)

Families Commission Act 2003: section 11 (tangata whenua)

Fisheries Act 1996: section 121(2)(a) (Commissioner may restrict release of information where necessary to avoid serious offence to tikanga Maori)

Hawke's Bay Regional Planning Committee Act 2015: Schedule Section (6)(3) (Committee standing orders must not contravene tikanga Maori)

Heritage New Zealand Pouhere Taonga Act 2014: section 4 

Human Rights Act 1993: section 5 (to promote by research, education, and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international human rights law)

Human Assisted Reproductive Technology Act 2004: section 47 (where Maori donor the provider must obtain information of donor's whaua, hapu and iwi where available), section 63 (4)(g) (Registrar must maintain information on whanau etc of donor offspring)

Law Commission Act 1985: Commission's purpose is to promote the systematic review, reform and development of law in New Zealand, section 5(2)(a) in making its recommendations the Commission shall take into account te ao Maori (the Maori dimension)

Legal Services (Quality Assurance) Regulations 2011: experience and competence requirements: Schedule Clause 11(d) Waitangi Tribunal (applicant must have an understanding of tikanga Maori and basic ability in te reo)

Local Government (Auckland Transitional Provisions) Act 2010: section 136 (Hearings Panel must establish procedure that recognises tikanga Maori where appropriate_

Local Government Act 2002: section 199K(4) (power to withhold publication of information where necessary to avoid serious offence to tikanga Maori), Schedule 13A: section (8)(2)(b) Development contribution objection hearings, recognise tikanga Maori)

Local Government Official Information and meetings Act 1987: section 7(2)(ba) (reasons for withholding official information in case of application for RMA resource consent, to avoid serious offence to tikanga Maori)

Marine and Coastal (Takutai Moana) Act 2011: section 50(3)(b), section 55, section 62, section 71, section 77

Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003: section 3(b) (transfer of UHF frequency to protect and promote te reo Maori me nga tikanga Maori)

National Animal Identification and Tracing Act 2012: Schedule 2: section 13(3)(f): (fine, straying livestock protection of relationship of Maori and their culture, traditions etc)

New Zealand Public Health and Disability Act 2000: section 29 (training in Maori health issues, Treaty issues)

New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008: section 11(1)e

Oranga Tamariki Act 1989: section 7(2)c (special regard for values, culture and beliefs of Maori people)

Resource Management Act 1991: section 2 (kaitiakitanga, tikanga Maori)

Resource Management Act 1991: section 35A (a local authority must keep and maintain records concerning iwi and hapu within its region)

Resource Management Act 1991: section 269 (Environment Court recognition of tikanga maori)

Social Workers Registration Act 2003: section 100 (Board must ensure aims and aspirations of Maori as tangata whenua are integral and ongoing priorities)

Sport and Recreation New Zealand Act 2002: section 8(f) (promote sport in way culturally appropriate to Maori)

Taipuika Claims Settlement Act 2014: Schedule 5 (2)(2)(b) (Kaituna River Authority must respect tikanga maori)

Television New Zealand Act 2003: section 12(2) (content must reflect Maori perspectives)

Te Ture mo Te Reo Maori 2016 Maori Language Act 2016: section 4 (Maori language a taonga of iwi and Maori), section 6(2)

(Crown commitment to work in partnership to protect and promote Maori language), section 8(k) (principles, official language)

 

Historical revisionism, eg

Maori Fisheries Act 2004: Preamble (quota management system in breach of principles of the Treaty of Waitangi)

Mokomoko (Restoration of Character, Mana, and Reputation) Act 2013:Te Ture mō Mokomoko (Hei Whakahoki i te Ihi, te Mana, me te Rangatiratanga) 2013 (pardon of Mokomoko for murder of Carl Volkner in 1866) Preamble

Ngati Whatua o Kaipara Claims Settlement Act 2013: Preamble clauses 4 & 6 (treaty partnership)

Ngati Turangitukua Claims Settlement Act 1999: section 5(3) (treaty principles)

New Zealand Mission Trust Board: Preamble Section 6 (treaty principle of active protection not applied in 1852)

Te Ture Whenua Maori Act 1993 (Maori Land Act 1993: Preamble (exchange of kawanatanga for the protection of rangatiratanga embodied in the Treaty of Waitangi be reaffirmed)

 

Privilege

Crown Minerals Act 1991: section 14(2)(c), (exclusion of land from minerals permit) section 17, section 33C

Gambling Act 2003: section 277 (distribution of proceeds, must have regard to the needs of Maori)

Geographical Indications (Wines and Spirits) Registration Act 2006: section 13A, section 39A (establishes special Maori Advisory Committee)

Haka Ka Mate Attribution Act 2014: Schedule clause 4 (haka treated with respect)

Human Assisted Reproductive Technology Act 2004: section 4 (needs, values and beliefs of Maori considered & treated with respect)

Marine and Coastal (Takutai Moana) Act 2011: section 62 (customary marine title), section 71 (conservation permission rights)

Marine Reserves Act 1971: section 5 (special right of iwi and hapu to apply for marine reserve)

Ngai Tahu Claims Settlement Act 1998: section 377 customary fishing entitlements

Queen Elizabeth the Second Postgraduate Fellowship of New Zealand Act 1963: section 4 (50% of grants to Maori)

Patents Act 2013: section 226 (patent application derived from Maori traditional knowledge or indigenous plants or animals and whether commercial exploitation likely to be contrary to Maori values), section 227 (Commissioner must consider advice)

Resource Management Act 1991: section11(2) (rules restricting subdivision of land not applied to Maori land)

Resource Management Act 1991 section14(3c) (geothermal water in accordance with tikanga)

Te Ture Whenua Maori Act 1993 Maori Land Act 1993: section 344 (co-owners of Maori land not bound by Limitation Act 2010)

Trade Marks Act 2002: section 17(2) (Trade Mark may not be registered if likely to offend community including Maori), section 178 (establishes committee to advise whether trade mark is derivative of a Maori sign, text and imagery and likely to be offensive to Maori)

 

Special Representation on Committees, affirmative employment policies, separatism

Arts Council of New Zealand: section 10(4) (four members have knowledge of te ao Maori, tikanga Maori)

Canterbury Earthquake (Christchurch Replacement District Plan) Order 2014: Clause 8(4)(b) (Hearings Panel, Ministers must consider need for panel to have available to it, from its members, knowledge, skill, and experience relating to tikanga Maori)

Chartered Professional Engineers of New Zealand Act 2002: Schedule 1 clause 38: (to be good employer - recognition of aims and aspirations of Maori, employment requirements of Maori, need for involvement of Maori as employees)

Climate Change Response Act 2002: section 3A(c)

Conservation Act 1987: section 6P conservation boards

Coroners Act 2006: section116A(3)(c) (Director General of Health must be satisfied that the panel includes at least 1 member with expertise in tikanga Maori)

Crown Entities Act 2004: section 118(2)(d) (Crown entity to be good employer - recognition of aims and aspirations of Maori etc)

Disputes Tribunal Rules 1989: Appointment of Principal Disputes Referee, section 35C(2)(d) (assessment panel must consider candidate's awareness of tikanga Maori) 

Education Act 1989: schedule 21 section 1

Environmental Canterbury (Transitional Governance Arrangements) Act 2016: section 12,(tikanga Maori) section 16

Environmental Protection Authority Act 2011: qualifications for appointment to EPA board: section 10(2)(d) knowledge and experience relating to the Treaty of Waitangi and tikanga Maori

Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012: section 99A(5)(3) (Board of inquiry, knowledge and skill tikanga Maori) 

Families Commission Act 2003: section 13 

Game Animal Council Act 2013: section 8 (Maori hunting interests)

Heritage New Zealand Pouhere Taonga Act 2014: section 22

Health Research Council Act 1990: purpose of Council to improve human health by promoting and funding health research, Section 26(2) (in appointing members to Ethics Committee, the Council shall have regard to the need for a diversity of knowledge in relation to...tikanga Maori)

Housing Accords and Special Housing Areas Act 2013: section 89(2) (appropriate knowledge experience treaty, tikanga Maori)

Hurunui/Kaikoura Earthquakes Recovery Act 2016: section 12 (panel members requiring matauranga Maori, tikanga Maori), section 16 (Minister can only remove member recommended by Ngai Tahu after consultation)

Human Assisted Reproductive Technology Act 2004: section 34 (1 or more Maori members with expertise in Maori customary values)

Intellectual Disability (Compulsory Care and Rehabilitation) Act 2003: section 23(2) (obtain views of Maori person or organisation)

Land Transport Management Act 2003: section 18H (1) (Agency must establish and maintain processes for Maori to contribute to decision making processes etc)

Local Government Act 2002: section 33 (Local Government Commission, knowledge of tikanga Maori, appointed after consultation with Minister of Maori Affairs)

Local Government (Auckland Transitional provisions) Act 2010: section 136(4)(c) (Hearings Panel procedure must recognise tikanga Maori where appropriate)

Maori Fisheries Act 2004: section 88(1)(a) (Directors of Te Putea Whakatupu Trustee Limited must all be Maori who, collectively are, are well versed in tikanga Maori), Section 101(a) (Directors of Te Wai Maori Trustee Limited must all be Maori who, collectively are, are well versed in tikanga Maori)

Māori Television Service (Te Aratuku Whakaata Irirangi Māori) Act 2003: section 19

Methodist Church of New Zealand Trusts Act 2009: section 4

National Civil Defence Emergency Management Plan Order 2015: Clause 70(2)(d) Te Puni Kokiri to provide independent advice and support to Maori communities to reconnect tamariki and rangatahi who have become separated during emergency

New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008: Schedule 1:section 1(2)

New Zealand Public Health and Disability Act 2000: section 29, section 35

Ngai Tahu Claims Settlement Act 1998:  section 294 (c) & (d) Ngai Tahu granted power to nominate to species recovery groups

Patents Act 2013: section 225  establishes Maori Advisory Committee (members must have knowledge of matauranga Maori and tikanga Maori)

Public Records Act 2005: section 14(3)(b)

Registered Architects Act 2005: Schedule: clause 38 (Board good employer, recognition of aims and aspirations of Maori, employment requirements of Maori, need for involvement of maori as employees)

Resource Management Act 1991: section 34A(1A)(a)&(b) (delegation of powers, necessary to consult iwi authorities whether to appoint a commissioner with understanding of tikanga Maori), (Hearings Commissioner, understanding of tikanga Maori and perspectives of local iwi or hapu), section 65 (5)(a) & (b) (Review Panel must include member with understanding of tikanga Maori and perspective of tangata whenua) appointed after consultation with tangata whenua), section 149K (Board of Enquiry, knowledge, skill and experience relating to tikanga Maori)

Royal Society of New Zealand Act 1997: Schedule Clause (3) (personnel policy)

Social Workers Registration Act 2003: section 66 Complaints assessment committees; section 100(2); section 117(c) (Tribunal);section 2 (Board)

Trade Marks Act 2002: section 179(2) (Advisory committee member with knowledge of to ao Maori and tikanga)

Te Awa Tupua (Whanganui River Claims Settlement) Act 2017: section 18 (establishes the office of "te Pou Tupua"- the human face of the Whanganui River), section 20 (2 person appointed with mana, skills etc to perform the functions of Te Pou Tupua). section 27: (establishes an advisory group Te Karewao, to provide advice and support to Te Pou Tupua). section 28 (composition of Te Karewao) section 29 (establishes Te Kopuka, a strategy group for Te Awa Tupua). 

Te Ture mo Te Reo Maori 2016 Maori Language Act 2016: section 17 (establishes Te Matawai, Maori language) 

Walking Access Act 2008: section 8(3) Board of Commission (Minister must appoint at least one member with knowledge of tikanga Maori (Maori customary values and practices)

Waster Mininisation Act 2008: section 93(4) Minister must consult with Minister of Maori affairs before appointing any member to the Board, section 93(5)(f) (Minister must consider the need for the Board to have available from its members knowledge, skill and experience relating to tikanga Maori)

 

Bills (not yet enacted)

Tikanga: Family and Whanau Violence Legislation Bill 2017: principles: Section 1B - responses to family violence involving Maori should reflect tikanga

Crown - Iwi Partnerships: Iwi and Hapu of Te Rohe o Te Wairoa Claims Settlement Bill, Section 57 creates a conservation partnership between Crown and local iwi

One Pure, owned by Hong Kong based corporation Hon Lung International, with the capital and expertise to build a massive water bottling facility, felt the need to approach Hawke’s Bay tribal entity Ngati Paarau^[i]  for “support and partnership ^[ii]” in their endeavour. Why?

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While the public are in general too busy to notice yet another “Agreement” between the Crown and tribal groups, Ngati Porou’s foreshore and seabed Agreement, which confers inalienable legal rights on Porou, sets a dangerous precedent for New Zealand’s future: Parliament has a choice – it can remain a member of the small group of prosperous liberal democracies that follow the Rule of Law (as opposed to rule by law) or it can enact the Ngati Porou Bill[i], setting a precedent for future “grace and favour” deals over the foreshore and seabed in which the Minister exercises powers of gift outside our constitutional framework, established over centuries, to define and curb Ministerial powers.

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One Pure, owned by Hong Kong based corporation Hon Lung International, with the capital and expertise to build a massive water bottling facility, felt the need to approach Hawke’s Bay tribal entity Ngati Paarau^[i]  for “support and partnership ^[ii]” in their endeavour. Why?

According to Ngati Paarau  spokesman Denis O’Reilly,  this  support and partnership  is “good for our region and our nation, all of us, regardless of our ethnicity or derivation”.

So can Mr O’Reilly answer the following questions for the citizens of Hawke’s Bay and, indeed, the entire nation:

1. What is the nature of the “support and partnership” which was requested of Ngati Paarau by One Pure? Are these “support and partnership” services of a scientific nature relating to the  preservation of our aquifer? If so, did One Pure approach any other organisation for this expertise?

2. If  Ngati Paarau’s  knowledge regarding the Heretaunga Plains aquifer (flowing tens of metres underground)  is in the nature of traditional maori knowledge, should this knowledge not be preserved and accessible to those beyond Ngati Paarau, or can this traditional knowledge only be exercised by members of Ngati Paarau?

3. Mr O’Reilly states that One Pure’s plant will have “minimal effect on the aquifer, if any”. Did Ngati Paarau conduct independent tests on the bore to verify this statement, or did they simply accept assertions to this effect from “polite and respectful” One Pure Director Yongnan (Boris) Kang? 

4. How does Ngati Paarau’s “support and partnership” enhance the “oranga” – (wellbeing) of the environment and people of Hawke’s Bay, as “an agreed primary value” of the “partnership”?

5.  Is there any reason why One Pure would respectfully approach Ngati Paarau, beyond the fact that it needed Ngati Paarau’s consent  as an “affected party” to extract water from the aquifer?

6. Has or will Ngati Paarau or any members of Ngati Paarau received any benefit or payment from One Pure by way of compensation for the “support and partnership” provided to One Pure?

It is clear that Ngati Paarau believe they “own” the Heretaunga Plains aquifer.  As Mr O’Reilly states: “The prevailing dominant notion is that our water belongs to no one.. . despite the …prescient statement by Tareha Te Moananui  …that “the land is yours, the water is mine^[iii]”.

National’s Resource Legislation Amendment Bill, which requires local authorities to enter “participation arrangements” with tribal trusts such as Ngati Paarau the length and breadth of the country, will deliver, perhaps, the final step towards transformation of this belief into reality.

In 2011 the National - Maori Party coalition passed the Marine and Coastal Area (Takutai Moana) Act (the “MACA”), a radical Act allowing Maori groups to claim special rights over the foreshore and seabed. As a result over six hundred claims have been lodged with the Crown, Courts, and Waitangi Tribunal. While these claims may take decades to resolve, the public’s rights over the coastline remain in a state of uncertainty: the question is, will the new law affect coastal walking tracks and how?

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The first Agreement negotiated under the Marine and Coastal Area (Tukutai Moana) Act 2011 not only confirms widely raised fears of the Crown’s failure to represent the public interest but sets a precedent for fresh rounds of Treaty style negotiations.

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Touted by National as offering a durable and expeditious solution to Labour’s Foreshore and Seabed Act, Chris Finlayson’s Marine and Coastal Area (Takutai Moana) Act 2011 (MACA) has unleashed hundreds of competing claims that will tie the courts up for decades, costing the country tens, if not hundreds of millions of dollars in claimant funding, policy advice and legal fees. 

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Taxpayers have gifted $450k towards the building of a nine-bedroomed private family house, the first of its kind under the government’s “papakainga project” funded through its Whanau Ora fund.

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New Zealand’s Bill of Rights Act, intended to protect us from discrimination on the grounds of race, has been left in tatters by the very lawyers tasked by Parliament with oversight of those rules. Intellectually dishonest or indoctrinated? Whichever the answer, Crown Law’s Constitutional and Human Rights Team should be sacked and replaced with lawyers capable of taking a principled stand.

 

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By Sarah Taylor

One Pure, owned by Hong Kong based corporation Hon Lung International, with the capital and expertise to build a massive water bottling facility, felt the need to approach Hawke’s Bay tribal entity Ngati Paarau^[i]  for “support and partnership ^[ii]” in their endeavour. Why?

Read more