Article 1 encompasses the Crown’s obligations and responsibilities to govern and protect all New Zealanders. It requires the Crown to work in an authentic and mutually respectful partnership with tangata whenua, and shared decision-making that affirms the kāwanatanga of government and rangatiratanga of whānau, hapū, iwi. This includes Tikanga and Mātauranga Māori. Article 2 – Tino rangatiratanga: Article 2 affirmed Māori absolute authority, or rangatiratanga over lands, settlements, and taonga. Matike Mai Aotearoa defines rangatiratanga in the contemporary context as ‘the right for Māori to make decisions for Māori.’47 Upholding tino rangatiratanga requires a high degree of autonomy, and ensuring the mana of tangata whenua is respected, protected and upheld through inclusion, participation and authentic partnership. Article 3 – Ōritetanga: Article 3 guarantees Māori the rights and privileges of British subjects. The Crown must commit to addressing disparities and ensuring tāngata whaikaha Māori can participate as equals in society without discrimination. This requires active protection of tangata whaikaha Māori interests, ensuring unjust and unfair treatment is eliminated and striving for equity. Tāngata whaikaha Māori are citizens and are guaranteed the same rights as all peoples of Aotearoa New Zealand under Article 3. However, tāngata whaikaha Māori as individuals, are less safe. Article 3 requires the Crown to work towards tāngata whaikaha Māori enjoying the same levels of protection and well-being as Tauiwi. It should be acknowledged that “equity” does not necessarily mean treating everyone the same. In its Hauora Report the Waitangi Tribunal stated that achieving equitable results, “may require additional resources, proportionate to address inequities that exist.”48 Equity also links to the principle of active protection which requires the Crown to commit to reducing inequalities, regardless of the cause of disparity. Despite possessing these rights, 10 Human Rights Commission tāngata whaikaha Māori continue to experience difficulties in accessing adequate services and supports to assist them in their daily lives. Where there are persistent inequities, the Waitangi Tribunal has found that the Crown’s Tiriti obligations are heightened.49 Oral clause – Wairuatanga Although not part of the written Tiriti text, at the first Tiriti signing at Waitangi in 1840 discussions focused on wairuatanga (spiritual practices and well-being) as a part of a broader commitment to religious freedom. Under international law and Tikanga, both oral and written assurances given when signing a treaty are important.50 Wairuatanga is an essential expression of rangatiratanga. It is recognised as a defining characteristic of good health.51 United Nations Declaration on the Rights of Indigenous Peoples For Te Tiriti to provide a robust mechanism for protecting tāngata whaikaha Māori from violence and abuse, consideration must be given to how other international protection mechanisms, such as UNDRIP52 can support the guarantees of Te Tiriti. Affirmed by Aotearoa New Zealand in 2010, the Declaration complements New Zealand’s constitutional obligations under Te Tiriti. UNDRIP specifically focuses on the rights of Indigenous peoples and recognises the importance of allowing human rights space to reflect diversity. Importantly, the Declaration was drafted with the participation of Indigenous peoples, alongside States, and reflects Indigenous peoples’ struggle for recognition of their rights to lands, territories and resource, and to their culture, identity and way of life. The Declaration has a focus on selfdetermination and the social, cultural, political, environmental and intergenerational well-being of Indigenous peoples. It has a deep synergy with Te Tiriti, providing for similar rights that Māori are guaranteed under Te Tiriti. It provides for a recognition that human rights as they relate to Indigenous peoples are best recognised and understood as collective, rather than individual rights.