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RESPONSIBILITY FOR A TE TIRITI O WAITANGI BASED SOCIETY

RESPONSIBILITY FOR A TE TIRITI O WAITANGI BASED SOCIETY. What does this mean in practice. Te Tiriti o Waitangi. Is NOT about the relationship between social workers and their clients IS about the relationship between Maori and the Crown

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RESPONSIBILITY FOR A TE TIRITI O WAITANGI BASED SOCIETY

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  1. RESPONSIBILITY FOR A TE TIRITI O WAITANGI BASED SOCIETY What does this mean in practice

  2. Te Tiriti o Waitangi . . . • Is NOT about the relationship between social workers and their clients • IS about the relationship between Maori and the Crown • And by extension, the relationship between Maori and pakeha, Maori and tau iwi, tangata tiriti

  3. Te Tiriti o Waitangi Maori text English text • Maori yielded kawanatanga(government)to the Queen • The Queen guaranteed to Maori tino rangatiratanga (unqualified chieftainship) over lands, taonga • Queen gave Maori protection and all the rights of British subjects • Maori yielded all the rights and powers of sovereigntyover their land to the Queen • The Queen guaranteed to Maori exclusive and undisturbed possession of their lands etc • Queen gave Maori protection and all the rights of British subjects

  4. Subsequent history . . . • Treaty largely ignored by settler governments • 1860s Land Wars, confiscation of Maori lands • 1875 Chief Justice James Prendergast denied the Treaty had any legal standing, declared it a “simple nullity” • For first half of 20th century Maori from time to time sought redress for grievances based on the Treaty, minimal success • From 1970s “Maori Renaissance”, protest movements made demands for honouring the Treaty

  5. The Crown Response . . . • 1975 Treaty of Waitangi Act An Act to provide for the observance, and confirmation, of the principles of the Treaty of Waitangi by establishing a Tribunal to make recommendations on claims relating to the practical application of the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty • First use of the phrase the principles of the Treaty of Waitangi which has subsequently appeared in other legislation, however did not define these • Established the Waitangi Tribunal to address grievances

  6. The principles of the Treaty of Waitangi • Phrase starts to appear in legislation • Problematic, not defined • The text of the Treaty does not have principles it has articles • Various definitions of the Principles developed by Courts, the Waitangi Tribunal and Government • Overall aim to engage the spirit or overall intent of the Treaty rather than get bogged down in trying to reconcile the differences between the Maori and English versions • No definitive set, still ongoing development

  7. Royal Commission on Social Policy, 1988 • Partnership • Protection • Participation • However these have no legal status

  8. Court of Appeal, NZ Maori Council v Attorney General, 1987 • The acquisition of sovereignty in exchange for the protection of rangatiratanga • The Treaty established a partnership, and imposes on the partners the duty to act reasonably and in good faith • The freedom of the Crown to govern • The Crown’s duty of active protection • Crown duty to remedy past breaches • Maori to retain rangatiratanga over their resources and taonga and to have all the rights and privileges of citizenship • Duty to consult

  9. Fourth Labour Government, 1989 • the government has the right to govern and make laws • Iwi have the right to organise as iwi, and, under the law, to control their resources as their own • all New Zealanders are equal before the law • both the government and iwi are obliged to accord each other reasonable cooperation on major issues of common concern • the government is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation can occur

  10. So how does this apply in practice • If a statutory agency, how well is the agency fulfilling the Crown’s obligations? • Does the agency have a Treaty of Waitangi policy? What does it say? • Are there Maori staff? Is their contribution to agency direction sought and encouraged? • Are tikanga Maori appropriately followed? • Are there specific Maori models of practice developed and implemented? • Are different Maori perspectives recognised?

  11. If the agency does not generally serve Maori, are there appropriate partnership relationships and processes with Maori agencies to enable appropriate referral of Maori clients? • For ethnic/migrant agencies, has the agency developed a relationship with iwi and/or Maori agencies • Tangata whenua welcome to new migrants • Education, orientation • Cultural exchanges

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