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Erueti, A. (2025). Tino rangatiratanga in post-treaty settlement Aotearoa: Challenges of co-governance, and evolving treaty partners. PUBLIC LAW REVIEW, 36(1), 23.

This article considers the puzzle of the location of tino rangatiratanga in the post-Treaty settlements era in the context of current controversy in New Zealand over recognising Maori self-determination or tino rangatiratanga as guaranteed by Art 2 of the Treaty of Waitangi. On one level, the current political and legal struggles reflect a fundamental tension between Maori aspirations for tino rangatiratanga and the state's desire to maintain centralised sovereignty. At a deeper level, the government opposition to co-governance stems from questions about the evolving role of the Treaty - in particular the guarantee of tino rangatiratanga and its ability to apply to a much wider range of Treaty issues (other than natural resources) and Treaty partners; for example, non-tribal Maori collectives serving urban Maori and not bound like tribes by kinship ties. The Waitangi Tribunal, originally established to facilitate Treaty settlements, is now at the centre of this shift in thinking to expand the interpretation of tino rangatiratanga. In a recent series of reports, the Tribunal has recognised the diversity of Maori identity and the legitimacy of non-tribal collectives as Treaty partners, particularly when these organisations are created by and responsive to the socio-economic needs of Maori. The proliferation of Treaty partners thus raises issues of co-ordination and coherence - how do these many partners engage effectively with the Crown and is every Maori organisation a Treaty partner for the purposes of Art 2 tino rangatiratanga? And does provision of social services by these Treaty partners violate the right to equality?

Poata-Smith, E. T. A. (2004). Ka Tika A Muri, Ka Tika A Mua? Māori protest politics and the Treaty of Waitangi settlement process. In P. Spoonley, C. Macpherson, & D. Pearson (Eds.), Tangata, Tangata: the changing ethnic contours of New Zealand (1st ed.). Thomson/Dunmore Press.

Erueti, A. (2017). Conceptualising Indigenous Rights in Aotearoa New Zealand. New Zealand Universities Law Review, 27(3), 715–743.

Examines ‘significant’ reforms implemented in NZ over the past 30 years to recognise the rights of Māori as an indigenous people. Overviews the conceptual basis for settlements lodged under the Treaty of Waitangi, legal claims by Māori to natural resources and other reforms. Identifies a lack of measures that recognise Māori political authority, and asserts that successive governments have deliberately discounted the normative value of ‘historical conceptual categories’, instead choosing to emphasise categories that deliver lesser substantive rights.

Stone, D. (2015). Financial and Commercial Dimensions of Settlements. In N. R. Wheen & J. Hayward (Eds.), Treaty of Waitangi settlements. Bridget Williams Books Limited.

Stevens, M. J. (2015). Settlements and “Taonga” A Ngāi Tahu Commentary. In N. R. Wheen & J. Hayward (Eds.), Treaty of Waitangi settlements. Bridget Williams Books Limited.

Hall, E. (2015). Māori Governance and Accountability. In J. Hayward & N. Wheen (Eds.), The Waitangi Tribunal Te Roopu Whakamana i te Tiriti o Waitangi. Bridget Williams Books.

Poata-Smith, E. (2004). The Changing Contours of Maori Identity and the Treaty Settlement Process. In J. Hayward & N. Wheen (Eds.), The Waitangi Tribunal Te Roopu Whakamana i te Tiriti o Waitangi. Bridget Williams Books.

Wheen, N., & Ruru, J. (2015). The Environmental Reports. In J. Hayward & N. Wheen (Eds.), The Waitangi Tribunal Te Roopu Whakamana i te Tiriti o Waitangi. Bridget Williams Books.

Milroy, S. (2015). The Fisheries Reports. In J. Hayward & N. Wheen (Eds.), The Waitangi Tribunal Te Roopu Whakamana i te Tiriti o Waitangi. Bridget Williams Books.

Sorrenson, M. P. K. (1998). Waitangi : New Zealand’s enduring struggle. Pennsylvania State University, Australia-New Zealand Studies Center.

Johnston, K. (2024). The Enduring Power of Hope: The Impact of the Treaty Settlement Process in Te Tauihu. In M. Turei, N. R. Wheen, & J. Hayward (Eds.), Te Tiriti o Waitangi relationships: people, politics and law. Bridget Williams Books.

Simmonds, N. (1999). Never-ending beginnings: The circularity of mana wāhine. Mana Wāhine Reader: A Collection of Writings, 2019.

Jones, C. (2016). New treaty, new tradition: reconciling New Zealand and Maori law. UBC Press.

Fox, C. (2022). Tikanga as the First Law of New Zealand: An Important Cognitive Shift. Amicus Curiae, 4(3), 635–648. https://access.heinonline.com/HOL/P?h=hein.journals/amcraesii4&i=662

This article provides an overview of the history of the Maori Land Court, as well as present day developments of the Court. It considers the role that tikanga (Maori customary values and practices) plays in the Maori Land Court, and how the Court has applied tikanga in a number of contemporary judgments. It then considers the Waitangi Tribunal (a Commission of Inquiry which examines Crown breaches of its obligations to Maori), and how tikanga can be demonstrated in the process and the findings of the Tribunal. It discusses how both judicial bodies have approached the challenge of competing tikanga claims. Finally, the article poses ideas of how tikanga can be applied going forward.

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Muru-Lanning, M. (2012). The key actors of Waikato River co-governance: situational analysis at work. AlterNative: An International Journal of Indigenous Peoples, 8(2), 128–136. https://doi.org/10.1177/117718011200800202

The Waikato River is an important New Zealand waterway with a long history of people making claims to it, including Treaty of Waitangi claims by Māori for guardianship and ownership rights. The claims process has most recently culminated in Waikato-Tainui and the Crown signing a 2009 Deed of Settlement for the river. The 2009 deed establishes a new co-governance structure for the river, with equal Māori and Crown representation. However, what has also transpired from the agreement is the emergence of a new guard of Māori decision-makers who have challenged and displaced the traditional Kīngitanga (King Movement) leaders as the main power-brokers of the Waikato River. Before Waikato-Tainui's most recent river negotiators there were a number of other Waikato ancestors who contributed to strengthening the relationship between Waikato Māori and the Waikato River. Prominent Kīngitanga leaders such as Princess Te Puea Herangi, Sir Robert Mahuta, Te Arikinui (paramount chief) Te Atairangikaahu and successive Māori kings are recognized as mediating the relationship between Waikato Māori and the Waikato River.

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Sullivan, A., & Margaritis, D. (2000). Public sector reform and indigenous entrepreneurship. International Journal of Entrepreneurial Behavior & Research, 6(5), 265–275. https://doi.org/10.1108/13552550010357639

This paper considers the implications of the liberalization of the New Zealand economy for entrepreneurial development by indigenous New Zealand Maori tribal organizations. Since 1984 the economic objective of the State has been to create a modern market economy free of price distortions, bureaucratic management and government protectionism. One of the State’s responses to enabling tribal organizations to provide for increased self‐determination and to lessen Maori State dependency was to seriously address the issue of compensation to Maori of resources that had been expropriated or confiscated during the past 150 years. While there have been difficulties in reaching agreement on appropriate or adequate allocations of Crown‐owned resources or compensation, the transferal of resources to private (but collective) Maori ownership is now providing a substantial economic base to build corporate and other entrepreneurial activities. It is argued that such willingness and commitment to transfer resources from the State back to the original owners was a manifest outcome of government’s adoption of liberal economic policies.

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Sullivan, A. (2016). The politics of reconciliation in New Zealand. Political Science, 68(2), 124–142. https://doi.org/10.1177/0032318716676290

Reconciliation in New Zealand involves recognition, reparations and an apology for past injustices relating to breaches of the Treaty of Waitangi. In 1840, Māori and the British Crown signed a treaty that promised a beneficial relationship to both signatories. Almost immediately after the Treaty was signed and continuing through to today, promises inherent in the principles of the Treaty have been breached. However, in 1975, a government-appointed permanent commission of inquiry was established to investigate actions or omissions of the Crown that breach the promises made in the Treaty of Waitangi. The Waitangi Tribunal and the Ministry of Justice provide the institutional mechanisms used in New Zealand to foster reconciliation. This article will discuss how the state has moved iwi from being in Treaty ‘grievance mode’ to one of tino rangatiratanga/Māori self-determination and demonstrates how reconciliation has integrated Treaty settlement iwi into the mainstream New Zealand economy.

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Bargh, M. (2015). Chapter 12: The Post-settlement World (So Far): Impacts for Māori. In N. R. Wheen & J. Hayward (Eds.), Treaty of Waitangi settlements. Bridget Williams Books Limited.

Joseph, R. (2015). Chapter 11: Unsettling Treaty Settlements: Contemporary Māori Identity and Representation Challenges. In J. Hayward & N. R. Wheen (Eds.), Treaty of Waitangi settlements. Bridget Williams Books Limited.

Mutu, M. (2015). Chapter 8: “The sea I never gave”: Fisheries Settlements. In N. R. Wheen & J. Hayward (Eds.), Treaty of Waitangi settlements. Bridget Williams Books Limited.

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