with explanations are tino rangatiratanga, equity,
active protection, options and partnership. Tino
rangatiratanga is described as: “The guarantee …
for Māori self-determination and mana motuhake
in the design, delivery, and monitoring of health
and disability services.”32 In contrast to the
principles approach, a Cabinet Office circular noted
by the New Zealand Law Society comments “while
the courts and previous guidance have developed
and focused on the principles of the Treaty, the
new guidance takes the text of the Treaty as
its focus”.33 The term ‘partnership’ between the
Crown and Māori is also used, in conjunction
with reference to the principles, and the concept
of partnership has been part of “modern Treaty
principles”.34 Terms such as mana, manaakitanga
and whakapapa, which have been used in
descriptions of Treaty principles, have been used
to enable an understanding of Māori terms that
are an integral part of customs and tikanga.
18
In the tino rangatiratanga sphere, Tangata
Whenua have their own autonomous hapū
organisation and related kinship-based structures.
Durie highlights five key aspects in relation to
arrangements for tino rangatiratanga, which
include iwi, hapū, Māori as individuals, Māori
communities of interest and national Māori
confederations.35 These structures are important
to understanding how we can continue to
advance tino rangatiratanga in the contemporary
context and more specifically in the housing
system. Matike Mai Aotearoa also referred to
rangatiratanga in conjunction with tikanga and
whakapapa36 and particularly in conjunction
with “the concept of power generally known
as mana (and much later in the 19th century
as rangatiratanga)”,37 mana denoting absolute
authority. In further explanation in the Matike Mai
Aotearoa report, mana could only be exercised in
ways consistent with tikanga,38 which is enhanced
by mana.39 We now move to accountability and
tikanga Māori.
Te Kāhui Tika Tangata New Zealand Human Rights Commission Housing Inquiry