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Te Tiriti o Waitangi Relationships: People, Politics and Law
'Regardless of upheavals at the highest political level, the narratives and analyses in this book demonstrate that the Treaty relationships built on the ground may continue to develop and persist.'
This is the third volume by leading scholars and researchers in a series discussing the complexities of te Tiriti o Waitangi issues. Together, this group of essays takes a dynamic approach to understanding Tiriti relationships, acknowledging the ever-evolving interplay between the Crown and Māori through time.
The writers address topics such as Treaty principles, sovereignty, the UN Declaration on the Rights of Indigenous Peoples, and mana whenua relationships to te Tiriti and settlements. The book emphasises the roles of tikanga and rangatiratanga in fostering genuine progress, and envisions a future guided by these principles in advancing Māori-Crown relationships.
This is a valuable resource for anyone seeking to deepen their understanding of te Tiriti's role in shaping Aotearoa New Zealand's social, political and cultural landscape.
This is the third volume by leading scholars and researchers in a series discussing the complexities of te Tiriti o Waitangi issues. Together, this group of essays takes a dynamic approach to understanding Tiriti relationships, acknowledging the ever-evolving interplay between the Crown and Māori through time.
The writers address topics such as Treaty principles, sovereignty, the UN Declaration on the Rights of Indigenous Peoples, and mana whenua relationships to te Tiriti and settlements. The book emphasises the roles of tikanga and rangatiratanga in fostering genuine progress, and envisions a future guided by these principles in advancing Māori-Crown relationships.
This is a valuable resource for anyone seeking to deepen their understanding of te Tiriti's role in shaping Aotearoa New Zealand's social, political and cultural landscape.
255 pages, Paperback
First published October 1, 2024
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March 5, 2025
An excellent overview of assertions of tino rangatiratanga (Maori sovereignty) within Te Tiriti O Waitangi framework with a wide range of case examples and ways to conceptualise the obligations of the Crown. I want to particularly compliment Metiria Turei’s role both as an author and editor of the book.
The Background
I do read this book as a political one, i.e. it is an assertion of Māori claims under the Te Tiriti o Waitangi and tikanga Māori and an explicit acknowledgment of the insecurities arising as a result of the 2023 election.
That is fine and part of what makes the book so readable, rather than just a dry summary. Particular highlights were the expansive definitions taken by the Waitangi Tribunal and the Courts in certain situations, such as with the Oranga Tamariki review (adopting “kāinga” rather than “taonga” as a principle for protection of Māori children as it allowed the Tribunal to interpret the Crown’s obligations in ways that suited the Tribunal), R v Ellis (how tikanga Māori could be used to continue Ellis’ appeal against his conviction even after his death), or the “Lands case” in 1987:
The Court’s ruling surprised the government: this was the first time that courts had enforced Māori Treaty interests and required the Crown to change its course of action. It was a profound moment in Māori-Crown relations; for the first time, the Leviathan Crown had been made to sit at the table and negotiate with its Māori Treaty partner.
These are just a few examples woven through the chapters (I could wax on about “elaborated Treaty Principle clauses”). The chapters form a useful understanding of how Te Tiriti o Waitangi is woven into New Zealand’s law as part of its constitution, and how blunt and anachronistic instrument the proposed Maori Principles Bill is, with its deliberate ignorance of the state of the law today.
The book also conveys the continuing tension between Crown sovereignty and tino rangatiratanga, and that the Treaty principles themselves should not be held up as an expression of Solomonic Wisdom:
Treaty principles clauses have been controversial. On the one hand, they have been criticised (particularly by some political parties) as being too vague and expansive, and there have been calls to remove these sections from all legislation. On the other hand, they have been criticised as a government device to avoid acknowledging and addressing the Crown's obligations to Maori as clearly stated in the text of te Tiriti - in other words, to ‘water down’ the Treaty of Waitangi.
The vagueness perhaps sustains them, because it allows the law to develop via judicial decisions (which, dare I say it, likely conform more to judges’ understanding of where society sits at the then present time than the strict letter of the law).
The Argument
Furthermore, they said that this approach follows from ‘the constitutional significance of the Treaty to the modern New Zealand state, meaning that courts should read all statutory language as including consideration of Treaty principles (even if the statute is ‘silent on the question’), unless Parliament clearly says otherwise.
There are points in which I disagree with the authors – not so much about the validity of the Te Tiriti o Waitangi, but who has held the whip hand. Some of the cases and reports clearly exceeded what Parliament intended at the time. There is no shortage of quotes from ex MPs expressing bewilderment as to how certain sections have been interpreted, again, possibly by judges with one eye to where they see society at.
These are mostly minor points of detail (the review of Oranga Tamariki may have been expansive in its definitions, but the goals seem worthy, and it is not something that I will get heated under the collar about), but the authors here sometimes seem edgy and defensive to an extent – sometimes explicitly worried about the changing of the political winds following the 2023 election.
By way of example, in December 2023 protestors damaged the English language mural of the Treaty of Waitangi at Te Papa. Chapter 1 defends this as a correction of the misrepresentation of history by creating a myth that Māori accepted the English language version. There’s a complicated history around the disputes over the mural, but the authors take a view that because it was wrong, the vandalism was justified. As a taxpayer who has, like everyone on planet Earth, often dealt with the slowness of government agencies to respond to their concerns, I find myself mildly repulsed by the authors’ position that destructive behaviour is valid for their pet cause.
Elsewhere, there are strong assertions of how key Te Tiriti o Waitangi is as a constitutional document. As nothing else is mentioned, it kind of warps perceptions of what New Zealand’s constitution is (admittedly a complicated amalgam of “things”, including conventions). There is little acknowledgement of New Zealand’s change from a bicultural to a multicultural society. It is fair to concede that the book has good reasons not to focus on those points, but I would be careful not to see the views of the authors as a complete summary of what New Zealand is. I recall a couple of times there were hints that even Parliamentary laws that breach Te Tiriti o Waitangi may be unconstitutional, which raised my eyebrows.
For all that, you put your best foot forward when making your point, which this book does. A sharp elbow or two in the writing hardly puts me off – some of it is an academic “circle jerk” (authors with certain interpretations citing documents that support their positions rather than arguing the counter positions), but the lack of good primers on this material leaves me pretty relaxed about it – the writing is good and challenges my preconceptions.
The Background
I do read this book as a political one, i.e. it is an assertion of Māori claims under the Te Tiriti o Waitangi and tikanga Māori and an explicit acknowledgment of the insecurities arising as a result of the 2023 election.
That is fine and part of what makes the book so readable, rather than just a dry summary. Particular highlights were the expansive definitions taken by the Waitangi Tribunal and the Courts in certain situations, such as with the Oranga Tamariki review (adopting “kāinga” rather than “taonga” as a principle for protection of Māori children as it allowed the Tribunal to interpret the Crown’s obligations in ways that suited the Tribunal), R v Ellis (how tikanga Māori could be used to continue Ellis’ appeal against his conviction even after his death), or the “Lands case” in 1987:
The Court’s ruling surprised the government: this was the first time that courts had enforced Māori Treaty interests and required the Crown to change its course of action. It was a profound moment in Māori-Crown relations; for the first time, the Leviathan Crown had been made to sit at the table and negotiate with its Māori Treaty partner.
These are just a few examples woven through the chapters (I could wax on about “elaborated Treaty Principle clauses”). The chapters form a useful understanding of how Te Tiriti o Waitangi is woven into New Zealand’s law as part of its constitution, and how blunt and anachronistic instrument the proposed Maori Principles Bill is, with its deliberate ignorance of the state of the law today.
The book also conveys the continuing tension between Crown sovereignty and tino rangatiratanga, and that the Treaty principles themselves should not be held up as an expression of Solomonic Wisdom:
Treaty principles clauses have been controversial. On the one hand, they have been criticised (particularly by some political parties) as being too vague and expansive, and there have been calls to remove these sections from all legislation. On the other hand, they have been criticised as a government device to avoid acknowledging and addressing the Crown's obligations to Maori as clearly stated in the text of te Tiriti - in other words, to ‘water down’ the Treaty of Waitangi.
The vagueness perhaps sustains them, because it allows the law to develop via judicial decisions (which, dare I say it, likely conform more to judges’ understanding of where society sits at the then present time than the strict letter of the law).
The Argument
Furthermore, they said that this approach follows from ‘the constitutional significance of the Treaty to the modern New Zealand state, meaning that courts should read all statutory language as including consideration of Treaty principles (even if the statute is ‘silent on the question’), unless Parliament clearly says otherwise.
There are points in which I disagree with the authors – not so much about the validity of the Te Tiriti o Waitangi, but who has held the whip hand. Some of the cases and reports clearly exceeded what Parliament intended at the time. There is no shortage of quotes from ex MPs expressing bewilderment as to how certain sections have been interpreted, again, possibly by judges with one eye to where they see society at.
These are mostly minor points of detail (the review of Oranga Tamariki may have been expansive in its definitions, but the goals seem worthy, and it is not something that I will get heated under the collar about), but the authors here sometimes seem edgy and defensive to an extent – sometimes explicitly worried about the changing of the political winds following the 2023 election.
By way of example, in December 2023 protestors damaged the English language mural of the Treaty of Waitangi at Te Papa. Chapter 1 defends this as a correction of the misrepresentation of history by creating a myth that Māori accepted the English language version. There’s a complicated history around the disputes over the mural, but the authors take a view that because it was wrong, the vandalism was justified. As a taxpayer who has, like everyone on planet Earth, often dealt with the slowness of government agencies to respond to their concerns, I find myself mildly repulsed by the authors’ position that destructive behaviour is valid for their pet cause.
Elsewhere, there are strong assertions of how key Te Tiriti o Waitangi is as a constitutional document. As nothing else is mentioned, it kind of warps perceptions of what New Zealand’s constitution is (admittedly a complicated amalgam of “things”, including conventions). There is little acknowledgement of New Zealand’s change from a bicultural to a multicultural society. It is fair to concede that the book has good reasons not to focus on those points, but I would be careful not to see the views of the authors as a complete summary of what New Zealand is. I recall a couple of times there were hints that even Parliamentary laws that breach Te Tiriti o Waitangi may be unconstitutional, which raised my eyebrows.
For all that, you put your best foot forward when making your point, which this book does. A sharp elbow or two in the writing hardly puts me off – some of it is an academic “circle jerk” (authors with certain interpretations citing documents that support their positions rather than arguing the counter positions), but the lack of good primers on this material leaves me pretty relaxed about it – the writing is good and challenges my preconceptions.
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