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Maranga Mai!
discriminatory on several grounds. Although restoring
access to the courts and requiring the Crown to
disprove claims rather than have Māori prove them,
the new Act pre-defined customary title in a manner
that restricted the court’s reference to the principles of
domestic and international customary law. The Māori
Party argued that this was the best they could achieve
under current circumstances. MP Hone Harawira
resigned from the party and launched a new hīkoi.
Despite majority Māori opposition, only 300 marched
in Wellington principally because it is anathema for
Māori to march against an injustice perpetrated by
other Māori. The Māori Party ejected Mr Harawira
who left and formed the Mana Party (Dominion Post,
22 March 2011).
The Rangatiratanga flag (2007)
In 2007, a new Māori sovereignty group, Te Ata Tino
Toa, unsuccessfully petitioned Transit New Zealand
(TNZ) to fly the Rangatiratanga flag on the Auckland
Harbour Bridge on Waitangi Day. An official explained
that TNZ only flew the flags of sovereign nations.
Pundits were quick to point out that TNZ had flown
the flag of Team New Zealand America’s Cup on the
bridge. Many also observed that Australia regularly
flew the Aboriginal flag alongside its ensign on
Australia Day.
The group adopted an array of tactics lobbying
parliament, complaining to the Human Rights
Commission, holding an annual ‘Fly the Flag’
competition, bungee jumping and jamming traffic
on the bridge. After consulting with the Māori Party,
the incoming 2008 National government allowed
the Rangatiratanga flag to fly from the Auckland
Harbour Bridge and other official buildings (such as
Premier House) on Waitangi Day 2010, symbolising
that New Zealand comprises one nation, two peoples
and many cultures under an equal Treaty partnership
(New Zealand Herald, 31 December 2009).
Local body representation (2009)
The Local Government Electoral Amendment
Act (2002) asked local bodies to facilitate Māori
participation to recognise and respect the Crown’s
responsibility for the Principles of the Treaty of
Waitangi and to maintain and improve opportunities
for Māori to contribute to local government decisionmaking processes.
The provision aimed to facilitate greater Māori
representation and participation in local body politics
by overcoming hidden prejudice, such as Pākehā
reluctance to vote for Māori candidates who are
strong advocates for their communities. For instance,
after the 2007 local government elections, less than
five percent of successful candidates were Māori,
despite Māori forming 14 percent of the population.
Pākehā would later leverage another section in the
Act allowing public referendums, which allowed five
percent of the electorate to sign a petition challenging
proposals to establish Māori local body seats. This
section was discriminatory as the same did not apply,
for instance, to establishing rural wards to increase
the representation of mainly Pākehā farming and
other communities.
Pākehā resistance, stemming from a reluctance
to relinquish monopoly cultural control and share
power with Māori, also argued that Māori seats
constituted an extra vote for Māori. This is not the
case; the measure ensures Māori participation
without compromising democracy. Each voter,
whether electing mainstream or Māori candidates,
has just one vote each.
In 2004, the Bay of Plenty Regional Council
inaugurated three Māori seats of the 13 council seats,
voted by those on the Māori Electoral Roll. The three
seats equated with the region’s Māori population of
27.5 per cent. Other local bodies, rather than showing
leadership, succumbed to racism by referring to voter
referendums where organised racists, systematically
aggravating Pākehā fears, voted Māori rights down
(Taonui, 2011).
In 2009, the Royal Commission on Auckland
Governance recommended the establishment of
three elected Māori seats on the new Auckland City
Council, two for ngā matā waka urban Māori (80
percent of Auckland’s Māori population) and one for
mana whenua local Auckland tribes (20 percent).
The proposal was reasonable, given that there were
no Māori on the Auckland City Council, or Auckland
Regional Council, and just 10 Māori representatives of
250 members across all local bodies in the region.