36. Articles 1 and 2 of Te Tiriti provide for co-existing systems of governance: iwi and
hapū rangatiratanga and Crown kāwanatanga authority. Article 3 promises Māori
equal enjoyment of citizenship rights, placing obligations on the Crown to ensure
equity for Māori alongside other New Zealanders. But the Crown’s commitment
to Māori under Te Tiriti goes much further than a promise of equitable
treatment. It requires putting right the wrongs committed and damage inflicted,
honouring the pre-existing Te Tiriti and indigenous human rights of tangata
whenua, and reconciliation.
37. In the context of the right to a decent home, article 2 requires closer
consideration. It affirms tangata whenua rights to “te tino rangatiratanga o o
ratou wenua, o ratou kāinga me o ratou taonga katoa” (the absolute authority
over their lands, homes/villages and all their treasures). Rangatiratanga entails
the authority to manage traditional territories, manaaki (care for) and tiaki
(protect) the people, lands and resources within them. In the English version of
article 2, this is referred to as the “full, exclusive and undisturbed possession of
their Lands and Estates Forests Fisheries and other properties which they may
collectively or individually possess”.
38. In short, the right to a secure and peaceful home – both for tangata whenua and
incoming settlers – is at the core of the Tiriti agreement. Claims of breaches of
these rights are currently being examined by the Waitangi Tribunal in its Housing
Policy and Services Kaupapa Inquiry (Wai 2750).
United Nations Declaration on the Rights of Indigenous Peoples
39. Affirmed by New Zealand in 2010, the Declaration complements New Zealand’s
constitutional obligations under Te Tiriti. It reinforces the Crown’s obligations to
work in partnership, actively protect rangatiratanga, and advance Māori equity.
40. The Declaration reflects existing international human rights standards, including
the right to a decent home, and outlines how they apply in the specific
circumstances of indigenous peoples. It reaffirms indigenous peoples’ rights to
their lands, territories and resources, and to their culture, identity and way of
life.
41. At the core of the Declaration is the rights of indigenous peoples to selfdetermination, to make their own decisions and control their own destiny, as
well as to participate in government decision-making that affects them. The right
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