How to improve the Aotearoa New Zealand Code of Practice for Online Safety and Harms? Rights, and the International Covenant on Economic, Social and Cultural Rights. The twin Covenants have a common article 1(1): “All peoples have the right of self-determination.” In short, te Tiriti o Waitangi, the UN Declaration on the Rights of Indigenous Peoples, and the International Bill of Human Rights are mutually reinforcing human rights instruments. Te Tiriti gives rise to overarching constitutional obligations, including the responsibility: (a) to actively address the unique and disproportionate online harms that Māori experience arising from the intergenerational discriminatory impacts of colonisation and (b) to defer to Māori on matters that affect their well-being. In the preceding section, the IAG recognised that, The Code was developed by Netsafe in collaboration with industry and in consultation with Māori advisors, Government, civil society, and the public.11 We also appreciated that, The Code encapsulates four principles drawn from values and concepts sourced in te ao Māori, to honour and reflect the unique indigenous culture of Aotearoa New Zealand and to serve as the basis for inclusion of our diverse internet user communities.12 Further, we acknowledge the current Code, • • • recognises that te Tiriti is of constitutional significance to Aotearoa New Zealand acknowledges that te Tiriti establishes a relationship of partnership between Māori and the Crown acknowledges that the Crown may introduce public policy measures that intersect with industry responsibilities in fulfilment of the Crown’s obligations under te Tiriti. Where measures are introduced that impact the Code, the signatories, Oversight Committee and Administrator will make best endeavours to engage as appropriate with Māori and the Crown. These provisions are in the Code under the heading ‘Guiding Principles’.13 In the IAG’s view, the Code would be improved if it were clearer how these important provisions: (a) shaped the Code and (b) guide the practical application of the Code e.g. how the provisions, including the articles of te Tiriti, are integrated into the routine work of the signatories, Oversight Committee, and Administrator. Tangata Whenua can help to deepen this understanding and its real-life application. Finally, it would improve the Code if there were greater clarity about how the signatories, Oversight Committee, and Administrator understand their relationship with te Tiriti o Waitangi. 7