Photo courtesy of Andrea Cairone (unsplash.com) Te Tiriti o Waitangi and Immigration 31. Te Tiriti o Waiting re-affirms existing rights that Tangata Whenua held prior to 1840, including the article two provision that guarantees the right to exercise tino rangatiratanga or the “authority to make and enforce law over their people or their territories.”23 Under article one, rangatira agreed “to share power and authority with Britain”24 and “allowed the Governor to control settlers and thereby keep the peace and protect Māori interests.”25 32. The arrival of non-Māori people in Aotearoa New Zealand in the late 18th and early 19th centuries, and the resulting disruptions, was one reason behind the signing of Te Tiriti. Thus Te Tiriti can be seen as the first immigration policy for the nation. Through Te Tiriti, as well as its obligation to govern immigration and immigrants in a manner consistent with ‘Māori interests’ and tino rangatiratanga, the Crown has a duty to ensure equal rights for all throughout the country. This means that those who enter the country, regardless of visa status, must have their rights protected through, and by, government laws, policies, and practices. 23 Waitangi Tribunal He Whakaputanga me te Tiriti, The Declaration and the Treaty, The Report on Stage 1 of the Te Paparahi o te Raki Inquiry (WAI 1040, 2014) at 526 – 527. 24 At 526 – 527. 25 At 528. 9

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