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In 1840, some of the sovereign nations of Maori signed te Tiriti o Waitangi (the Maori language version of the Treaty of Waitangi) with the British Crown. Hone Heke was the first Maori leader of the northern nation of Ngdpuhi to sign, but by 1844 he was leading a significant revolt against British colonialism in Aotearoa New Zealand by chopping down British flagpoles erected on his lands. While Maori may have initially welcomed the intent of te Tiriti as a means for seeking British help to protect their international borders, the British prioritised the English version of the Treaty which recorded the transfer of sovereignty from Maori to the British. As the British transposed their dominant legal traditions of governance, including bringing to the fore their doctrine of parliamentary supremacy, Maori have been seeking their survival ever since. We extend this by focusing on why the doctrine of parliamentary sovereignty needs to adapt to the Treaty's promise of bicultural power sharing.
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Background Te Tiriti o Waitangi was negotiated between the British Crown and Indigenous Māori leaders of Aotearoa New Zealand in 1840. Māori understood the agreement as an affirmation of political authority and a guarantee of British protection of their lands and resources. The Crown understood it as a cession of sovereignty. The tension remains, though legal and political developments in the last 35 years, have established that the agreement places a mandatory obligation on the Crown to protect and promote Māori health. It also requires that Māori may exercise rangatiratanga, or responsibility and authority, in relation to health policy development and implementation. Methods Te Tiriti is, then, an instrument against which health policy is justly and efficaciously evaluated. This paper introduces critical Tiriti analysis as such an evaluative method. Critical Tiriti analysis involves reviewing policy documents against the Preamble and the Articles of te Tiriti o Waitangi. The review process has five defined phases: (i) orientation; (ii) close reading; (iii) determination; (iv) strengthening practice and (v) Māori final word. Results We present a working example of critical Tiriti analysis using the New Zealand Government’s Primary Health Care Strategy published in 2001. This policy analysis found poor alignment with te Tiriti overall and the indicators of its implementation that we propose. Conclusion This paper provides direction to policy makers wanting to improve Māori health outcomes and ensure Māori engagement, leadership and substantive authority in the policy process. It offers an approach to analysing policy that is simple to use and, inherently, a tool for advancing social justice.
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Te Tiriti o Waitangi, a treaty negotiated between Māori (the Indigenous peoples of Aotearoa) and the British Crown, affirmed Māori sovereignty and guaranteed the protection of hauora (health). The Waitangi Tribunal, established in 1975 to investigate alleged breaches of the agreement, released a major report in 2019 (registered as WAI 2575) about breaches of te Tiriti within the health sector in relation to primary care, legislation, and health policy. This article explores the implications of this report for the New Zealand health sector and the decolonial transformation of health systems. The tribunal found that the Crown has systematically contravened obligations under te Tiriti across the health sector. We complement the tribunal’s findings, through critical analysis, to make five substantive recommendations: (1) the adoption of Tiriti-compliant legislation and policy; (2) recognition of extant Māori political authority (tino rangatiratanga); (3) strengthening of accountability mechanisms; (4) investment in Māori health; and (5) embedding equity and anti-racism within the health sector. These recommendations are critical for upholding te Tiriti obligations. We see these requirements as making significant contributions to decolonizing health systems and policy in Aotearoa and thereby contributing to aspirations for health equity as a transformative concept.
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Māori knowledge, memory and cultural strength will only enhance New Zealand’s economic recovery planning – if they are listened to.
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In this situation report I highlight how Te Tiriti o Waitangi is relevant to state and Mäori regulation related to the COVID-19 pandemic, suggesting also that it was somewhat ignored by Aotearoa New Zealand’s state institutions during the country’s initial response. Focusing on the te reo text of Te Tiriti as the constitutionally and legally primary text of the Treaty of Waitangi, I argue, first, that Te Tiriti requires joint Mäori and state regulation over the territories and peoples of Aotearoa New Zealand, including with respect to the COVID-19 pandemic. Second, Te Tiriti requires state government to regulate equitably and, third, it requires state government not to interfere unreasonably with taonga Mäori and our culture. The government needs to do more in its COVID-19 regulatory response to comply with Te Tiriti, and therefore to act constitutionally and with legitimacy.
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The Covid-19 lockdown over March to May 2020 meant households became their own “bubbles”, with residents physically interacting only with those in their household and staying close to home. Māori leaders recognised the potential of the lockdown to exacerbate whānau vulnerability due to confinement, financial hardship and, depending on their household, issues of crowding or isolation. Steps were quickly taken to support households with care packages, health care and social connectivity. This paper describes these initiatives as mahi aroha and argues that housing is a foundation from which Māori go out into the world and add meaning and quality to the lives of others. If the mahi aroha of Māori during a lockdown or other crisis is to be sustained into the future, then access to quality, affordable housing must be ensured for Māori essential workers.