Photo courtesy of Andrea Cairone (unsplash.com)
Te Tiriti o Waitangi and Immigration
31. Te Tiriti o Waiting re-affirms existing
rights that Tangata Whenua held prior to
1840, including the article two provision
that guarantees the right to exercise tino
rangatiratanga or the “authority to make
and enforce law over their people or their
territories.”23 Under article one, rangatira
agreed “to share power and authority with
Britain”24 and “allowed the Governor to
control settlers and thereby keep the peace
and protect Māori interests.”25
32. The arrival of non-Māori people in Aotearoa
New Zealand in the late 18th and early 19th
centuries, and the resulting disruptions,
was one reason behind the signing of Te
Tiriti. Thus Te Tiriti can be seen as the first
immigration policy for the nation. Through
Te Tiriti, as well as its obligation to govern
immigration and immigrants in a manner
consistent with ‘Māori interests’ and tino
rangatiratanga, the Crown has a duty to
ensure equal rights for all throughout the
country. This means that those who enter
the country, regardless of visa status, must
have their rights protected through, and by,
government laws, policies, and practices.
23
Waitangi Tribunal He Whakaputanga me te Tiriti, The Declaration and the Treaty, The Report on Stage 1 of the Te Paparahi o te Raki
Inquiry (WAI 1040, 2014) at 526 – 527.
24
At 526 – 527.
25
At 528.
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