How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? 2. Te Tiriti o Waitangi The preceding section signals the importance of context in which the Aotearoa New Zealand Code of Practice for Online Safety and Harm is located. In this section, the IAG makes a few additional remarks about a vital feature of this context. We highlight te Tiriti o Waitangi, the foundational governance document of New Zealand, and we briefly consider the Code’s treatment of te Tiriti. As New Zealand’s founding document, te Tiriti o Waitangi provides the basis upon which the preexisting rights of Māori could be maintained, while allowing non-Māori to make Aotearoa their home. It also provides for both groups to exercise governance over their relative matters.10 Honouring te Tiriti o Waitangi is a crucial indicator of proficient governance and is fundamental to addressing the harms caused by a sustained history of Crown violations of te Tiriti. Articles 1 and 2 of te Tiriti provide for co-existing systems of governance. Article 1 provides for the Crown to exercise a limited level of authority, while article 2 provides for the guaranteed continuation of iwi and hapū rangatiratanga (self-determination and self-governance) over their people, resources, and way of life. Article 3 promises Māori equal enjoyment of all citizenship rights, placing obligations on the Crown to ensure equity for Māori and other New Zealanders. Within te Tiriti jurisprudence is the principle of active protection. This principle derives from article 1, the obligation of the Crown to actively prevent harm to Māori; article 2, which maintains the right of Māori to actively protect their own taonga as an exercise of tino rangatiratanga; and article 3, a rightful expectation of equitable citizenship for Māori and non-Māori. The UN Declaration of the Rights of Indigenous Peoples (‘UN Declaration’) affirms the rights of Māori under te Tiriti, and explicitly calls for the recognition, observance, and enforcement of such treaties. Te Tiriti and the UN Declaration are also reinforced by the International Bill of Human Rights, consisting of the Universal Declaration of Human Rights, International Covenant on Civil and Political 6