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 (see below), have resulted in a form of corruption, the undue influence of Maori tribal entities upon New Zealand’s governance, economy and society.
Principles of the Treaty of Waitangi: Waitangi Tribunal and Courts
Separate representation (National and Local government)
United Nations Declaration on the Rights of Indigenous Peoples
Government: Ministry of Maori Development, vote Treaty Negotiations (race based funding)
NZ Bill of Human Rights Act: section 19(2) (race based affirmative action)
Acts promoting indoctrination and historical revisionism
The race based laws
Race based legal rights
Legal Services Act 2011: Subpart 6 - Legal aid grants for Treaty of Waitangi Claimants
Separate representation: 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)
Separate representation: 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
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).
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
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".
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)
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)
Nga Wai o Maniapoto (Waipa River) Act 2012: section 4(14) (Guiding principle is co-government and co-management with Crown)
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)
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
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)
Customary fisheries - marine: Kaimoana Customary Fishing and Taiapure-local fisheries
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)
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
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)
Maritime Transport Act 1994: section 291(3)
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)
Te Ture mo Te Reo Maori 2016 maori Language Act 2016: section 9
Treaty of Waitangi (Fisheries Claims) Settlement Act 1992: section 10
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
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)
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 (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)
Waitutu Block Settlement Act 1997: Schedule 2 Clause 10
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)
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)
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)
(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)
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)
Gambling Act 2003: section 277 (distribution of proceeds, must have regard to the needs of Maori)
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 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)
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 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
New Zealand Geographic Board (Ngā Pou Taunaha o Aotearoa) Act 2008: Schedule 1:section 1(2)
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)
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
Don Brash and Dr Michael Bassett discuss the rationale behind Hobson's Pledge, the Treaty and sovereignty
Over recent months, I’ve talked to a number of friends who disagree with what Hobson’s Pledge is trying to achieve. They have accepted the “current orthodoxy” that Maori chiefs really didn’t cede sovereignty when they signed the Treaty of Waitangi in 1840, or perhaps didn’t understand that that was what they were doing; and that because the Treaty created a “partnership” between Maori and the Crown, this entitles the descendants of those who signed the Treaty to some special political status nearly 180 years later.Read more
The tribal claim for water ownership
Iwi are now not talking about [water] ownership, Freshwater Iwi Leaders Group technical adviser Tina Porou told a water symposium in Havelock North on June 2, 2017. However, just two years ago her group took a roadshow around New Zealand garnering support for the steps iwi would take to gain ownership of water, which were to:
- Transfer of title to all Crown owned river and lake beds and title to the water column above to regional tribal groups.
- Title in fresh water consistent with Waitangi Tribunal rulings.
- Guaranteed allocation of fresh water for all marae and marae housing.
- Free water infrastructure for maraes and marae housing.
- Tribal participation at all levels of fresh water decision-making that may include tribal representation on councils, joint management agreements, and co-management of waterways.
- A $1-billion fund of public money to build the capacity of tribes to implement fresh water management and control.
- Tribal involvement in resource consents or an allocation of tradeable water rights.
It is not as though New Zealand is likely to run out of water. According to an Environment Ministry 2016 discussion document titled Next Steps for Fresh water, New Zealand has 145 million litres per person each year – six times as much as Australia, 16 times as much as the United States, and 70 times as much as China or the United Kingdom. We use only 2 per cent.
Interest in water in New Zealand increased as conversion of sheep and beef properties to dairy farming put pressure on allocation, water storage schemes came into vogue, and bottling plants exporting water to China began to appear.
In an effort to encourage more efficient allocation, the Sustainable Water Programme of Action, launched in 2003, raised the issue of the ownership of water. This resembled the way that the introduction of the quota management system raised the issue of the ownership of fisheries.
Whenever the issue of the ownership of a resource comes up, a Maori claim for a share of that ownership appears. We have seen this with fisheries, forests, even electromagnetic spectrum. The Maori claim to ownership of water rests on two arguments:
- A Maori claim to customary or aboriginal rights to water.
- A Maori claim that rivers are taonga, a treasure, and therefore are protected under Article 2 of the Treaty of Waitangi.
The Government position is that water is a public resource that the Government should manage. The Labour-led Government held this position in 2003. For this reason, Maori Party co-leader Tariana Turia claimed that the Sustainable Water Programme of Action was “just another foreshore and seabed catastrophe dressed up”.
The common law position is that there has never been ownership of naturally flowing water. The law recognised the rights of landowners to take and use water flowing over or under their land. Such water is not owned until it has been taken.
Where a waterway runs through an owner’s land, the landowner owns its bed and banks. If the waterway forms a boundary, each riparian owner owns the bed to the mid line of the waterway. The beds of all navigable rivers are vested in the Crown.
Section 21 of the Water and Soil Conservation Act 1967 extinguished all common law rights to water, and the sole rights to take, use, dam, divert, or discharge natural water was vested in the Crown.
The Resource Management Act 1991 maintained this position, giving the primary responsibility for managing freshwater to regional councils and unitary authorities. These bodies may establish rules to allocate water among competing uses such as town supply, irrigation, hydropower generation, environmental values, and recreation.
The Court of Appeal has recognised the common law doctrine of aboriginal title in New Zealand. Aboriginal title may be extinguished by the Crown exercising sovereignty. Where it has not been extinguished, aboriginal title will continue to exist provided that the relevant group maintains its traditions.
To advance the interests of all iwi in relation to fresh water through direct engagement with the Crown, the Freshwater Iwi Leaders Group was formed in 2007. This group comprises the leaders of Ngai Tahu, Whanganui, Waikato-Tainui, Te Arawa and Tuwharetoa and reports to all iwi.
A change of Government on November 8, 2008, brought the Maori Party into a coalition with the National-led Government which brought in from the cold Maori Party co-leader Tariana Turia, a vehement critic of the Sustainable Water Programme of Action.
That helped put the issue of water ownership on the agenda for the new government.
The next step in exploring the way forward for water was the Land and Water Forum, an ostensibly independent group comprising 22 member entities in partnership with the Ministries of Conservation, Internal Affairs, Environment and Primary Industries. Environment Minister Nick Smith fronted consultation meetings.
The Land and Water Forum includes five iwi, four of which also belong to the Freshwater Iwi Leaders Group.
To make the connection between the government and iwi over water more tangled, the National-led Government adopted the practice of meeting regularly with the Iwi Leaders Group in closed meetings.
Freshwater and reform of the Resource Management Act was discussed at eight meetings involving Treaty Negotiations Minister Chris Finlayson, former Agriculture Minister David Carter, Maori Affairs Minister Pita Sharples, former Environment Minister Amy Adams, Environment Minister Nick Smith, and Primary Industries Minister Nathan Guy.
By fostering close and personal relations with the main movers and shakers, the Freshwater Iwi Leaders Group has had substantial input into water policy, both via the Land and Water Forum and through meeting directly with Cabinet Ministers.
There was one other group that has set itself up as the champion of Maori rights and that group is the New Zealand Maori Council.
The Maori Council has just one strategy and that is to go to the Waitangi Tribunal to get a favourable recommendation, and cite that recommendation in the High Court to get an injunction to stop the Government in its tracks.
This strategy was discovered during a standoff over forestry ownership in the mid-1980s, and again in the claim for a stake in commercial fisheries around 1990.
An opportunity for the Maori Council to launch their one and only strategy came in 2011, when the National-led Government in its second term prepared to partly privatise state-owned electricity generators.
In February 2012, the New Zealand Maori Council filed two claims with the Waitangi Tribunal, arguing that “Maori have unsatisfied or unrecognised proprietary rights in water, which have a commercial aspect, and that they are prejudiced by Crown policies that refuse to recognise those rights or to compensate for the usurpation of those rights for commercial purposes”.
Iwi leaders commissioned the Sapere research group to examine the benefits involved in giving iwi a share of the allocable quantum of fresh water, and in doing so, shifting the allocation system from the current resource consent regime to a rights-based regime.
The report, dated December 6, 2014, argued that to spend up to $52 million to change to a new regime, plus an annual cost of $30 million, the benefits would be: better “pricing” of water, awakening of sleeper consents, less costly droughts, reduced cost of resolving over-allocated catchments, reduced costs of conflicts, and Improved capital formation.
The report cited the allocation of shares in the commercial fishery as an example with a claim that the settlement iwi rights to fishery quota increased the value of quota by about 45 percent through removing residual uncertainty about the entitlement to fish.
Of course, a fair allocation of New Zealand’s commercial fisheries quota would have been to all New Zealanders, as would a fair allocation of water rights, although such concepts are kept well away from any discussion of rights allocations.
When the Sapere report was released, the Government would not move from its official position of no national settlement on water rights.
Addressing the assertion of iwi rights and interests in fresh water formed a substantial part of an Environment Ministry’s February 2016 discussion document titled Next Steps for Fresh Water.
This document introduced the terms “Te Mana o te Wai”, which sets principles proposed for the National Policy Statement for Freshwater Management, and “Mana whakahono a rohe”, which provides for iwi to enter into agreements with councils on how Maori can better participate in decisions on fresh water.
Both concepts were written into law through the Resource Legislation Amendment Act passed on April 6, 2017. This Act forces all councils throughout New Zealand into power-sharing agreements with local iwi.
Tradable water rights surfaced in discussion again with the emergence of opposition to exporting bottled water to China for no charge. An Ashburton group called Bung The Bore led by Jen Branje spearheaded the movement that drew much support from people in Havelock North, after a deadly water contamination there in 2016 forced many to buy bottled water.
Freshwater Iwi Leader Group technical adviser Tina Porou’s statement that iwi leaders are focussing on water responsibilities and use, mentioned earlier, diverts attention from the group’s detailed justification for water ownership, circulated two years ago, which demanded:
- Transfer of title to river and lake beds and the water column to tribal groups.
- Title in fresh water consistent with Waitangi Tribunal rulings.
- Guaranteed of allocation of fresh water for all marae and marae housing.
- Free water infrastructure for maraes and marae housing.
- Tribal participation at all levels of fresh water decision-making.
- A $1-billion capacity-building fund.
- Tribal involvement in resource consents or an allocation of tradeable water rights.
However, the Resource Legislation Amendment Act implements the demand for tribal decision making on water and involvement in resource consents.
The Freshwater Iwi Leaders Group appears to be proceeding within that framework, adding the new term Te Mana o te Wai to their public comments.
As a matter of interest, iwi water rights claimants routinely ignore 19th century sale and purchase deeds which show that the chiefs sold the water, along with rivers, lakes, and streams, trees, minerals, and all appertaining to the land or beneath the surface.
 Sustainable Water Programme of Action, Environment Ministry, http://www.mfe.govt.nz/more/cabinet-papers-and-related-material-search/cabinet-papers/freshwater/sustainable-water-0
 Fresh water, Iwi Chairs Forum. http://iwichairs.maori.nz/our-kaupapa/fresh-water/
 Maori rights in water, The Waitangi Tribunal’s Interim Report. http://maorilawreview.co.nz/2012/09/maori-rights-in-water-the-waitangi-tribunals-interim-report/
 The costs and benefits of allocation of freshwater to iwi, Sapere Research Group, http://iwichairs.maori.nz/our-kaupapa/fresh-water/
 Mike Butler, Deeds, half-truths, water rights, http://breakingviewsnz.blogspot.co.nz/2012/11/mike-butler-water-rights-deeds-and-lies.html#more )
The total stupidity of the Waitangi Tribunal was full on display last week. I refer, of course, to the finding that Maori re-offending is a Treaty breach. It's bad enough that such reports are written let alone that we taxpayers must fund them.Read more
A horn wailed and men dressed as warriors danced at 2.45am in Wellington yesterday as the James Busby draft of the Treaty of Waitangi was quietly removed from public display.Read more
He iwi tahi tatou . . . . . we are now one people.
In the early 1980s the talented William James Te Wehi TAITOKO captured the hearts and smiles of New Zealanders.
Billy T James made us laugh, at ourselves, at him, at our differences and our similarities.Read more
It’s almost exactly 14 years since I first addressed the Orewa Rotary Club, and almost exactly 13 years since I came here as Leader of the National Party to give a speech which, for a time, turned “Orewa” from a place to a date, so that people spoke of “before Orewa” or “after Orewa”, rather than north of Orewa or south of Orewa!Read more
A report by the Waitangi Tribunal, two years ago, that argues the Ngapuhi chiefs of Northland did not agree to cede sovereignty is contradicted by statements made by chiefs at Waitangi, on February 5, 1840, and by the statements of more chiefs at Kohimarama in Auckland in August 1860.
Missionary William Colenso attended the Treaty debate among chiefs on February 5, 1840, and the signing of the Treaty of Waitangi the next day and wrote an account of the events. He recorded statements by various chiefs, and these statements reveal that the chiefs understood the implications of ceding sovereignty as set out in Article 1 of the Treaty of Waitangi. (1)
Te Kemara, a chief of the Ngatikawa, said, "Health to thee, O Governor! This is mine to thee, O Governor! I am not pleased towards thee. I do not wish for thee. I will not consent to thy remaining here in this country. If thou stayest as Governor, then, perhaps, Te Kemara will be judged and condemned. Yes, indeed, and more than that—even hung by the neck. No, no, no; I shall never say 'Yes' to your staying. Were all to be on an equality, then, perhaps, Te Kemara would say, 'Yes;' but for the Governor to be up and Te Kemara down—Governor high up, up, up, and Te Kemara down low, small, a worm, a crawler—No, no, no.
Hakiro (son of Tareha, but who on this occasion appeared and spoke on behalf of Titore,* deceased, principal chief of the Ngatinanenane Tribe) arose and said, "To thee, O Governor! this. Who says 'Sit'? Who? Hear me, O Governor! I say, no, no. Sit, indeed! Who says 'Sit'? Go back, go back; do not thou sit here. What wilt thou sit here for? We are not thy people. We are free. We will not have a Governor. Return, return; leave us. The missionaries and Busby are our fathers. We do not want thee; so go back, return, walk away."
Tareha, chief of the Ngatirehia Tribe, said, "No Governor for me—for us Native men. We, we only are the chiefs, rulers. We will not be ruled over. What! thou, a foreigner, up, and I down! Thou high, and I, Tareha, the great chief of the Ngapuhi tribes, low! No, no; never, never. I am jealous of thee; I am, and shall be, until thou and thy ship go away. Go back, go back; thou shalt not stay here.
Rawiri, a chief of the Ngatitautahi Tribe, arose and said (first sentence in English), "Good morning, Mr. Governor! very good you! Our Governor, our Father! Stay here, O Governor! Sit, that we may be in peace. A good thing this for us—yes, for us, my friends, Native men. Stay, sit. Do thou remain, O Governor! to be a Governor for us."
Tamati Waka Nene, chief of the Ngatihao Tribe, said "O Governor! sit. I, Tamati Waka, say to thee, sit. Do not thou go away from us; remain for us—a father, a judge, a peacemaker.
Eruera Maehe Patuone (the elder brother of Tamati Waka Nene) said, "What shall I say on this great occasion, in the presence of all those great chiefs of both countries? Here, then, this is my word to thee, O Governor! Sit, stay—thou, and the missionaries, and the Word of God. Remain here with us, to be a father for us, that the French have us not, that Pikopo, that bad man, have us not. Remain, Governor. Sit, stay, our friend."
In 1860, in an attempt to prevent the fighting in Taranaki from spreading to other regions and tribes, Governor Thomas Gore Browne held a conference of chiefs at Kohimarama, Auckland, in August of that year. Around 200 chiefs attended, more than at the gathering at Waitangi 20 years earlier.
Wikiriwhi Matehenoa of Ngati Porou said “We are all under the sovereignty of the Queen, but there have also been other authorities over us sanctioned by God and the Queen, namely, our Ministers”.
Horomona Toremi of Ngati Raukawa in Otaki said “You over there (the Pakehas) are the only chiefs. The Pakeha took me out of the mire: the Pakeha washed me. This is my word. Let there be one word for all of this island”.
Te Ahukaramu said “First, God: secondly, the Queen: thirdly, the Governor. Let there be one Queen for us. Make known to us all the laws, that we may all dwell under one law”.
Tamati Waka Nene, one of the leaders who signed at Waitangi, said “My desire when Governor Hobson arrived here was to take him as our Governor, in order that we might have his protection. Who knows the minds of the Americans, or that of the French? Therefore, I say, let us have the English to protect us. Therefore, my friends, do I say, let this Governor be our Governor and this Queen our Queen. Let us accept this Governor, as a Governor for the whole of us. Let me tell you, ye assembled tribes, I have but one Governor. Let this Governor be a King to us. Listen again, ye people. When the Governor came here, he brought with him the Word of God by which we live; and it is through the teachings of that Word that we are able to meet together on this day, under one roof. Therefore, I say, I know no sovereign but the Queen, and I never shall know any other. I am walking by the side of the Pakeha”.
It is clear by the words of these chiefs that they understood that cession of sovereignty meant that they would be under the sovereignty of the Queen. To them, the benefits of British government outweighed the liabilities of life before British rule.
The recommendation of the Waitangi Tribunal that the Ngapuhi chiefs of Northland did not agree to cede sovereignty is manifestly incorrect and provides further proof that the Waitangi Tribunal should be abolished.
1.William Colenso, The History of the signing of the Treaty of Waitangi, http://nzetc.victoria.ac.nz/tm/scholarly/tei-Stout69-t3-body-d2-d1a.html
2.Proceedings of the Kohimarama Conference, July 1860. https://paperspast.natlib.govt.nz/newspapers/MMTKM18601130.2.6?query=sovereignty
By David Round
Prime Minister John Key is indeed correct that most New Zealanders do want to live in a harmonious New Zealand but he was wrong about just about everything else he said in response to the launch of Hobson’s Pledge.Read more
By Andy Oakley
Recently on her Villainesse blog, Lizzie Marvelly suggested she could write a thesis on the many. many problems with Hobson’s Pledge.Read more