Community Engagement Report for developing a National Action Plan Against Racism
Since 2010, there has been strong advocacy
from Māori to develop a plan to implement
UNDRIP. The Government agreed to the
development of a plan to implement it in
2019, and a working group was appointed
in late 2019 to provide preliminary advice.
The working group provided the Minister
of Māori Development with their final
report, He Puapua, on 1 November 2019. In
2021, the government agreed to targeted
engagement with Māori to develop the
Plan. Te Puni Kōkiri is leading this work, and
the final plan is expected to be released in
2023.xxxii
The Plan should complement and reinforce
the actions identified to implement UNDRIP.
Domestic human rights obligations
He Whakaputanga (1835)
In 1835, 34 rangatira of Te Tai Tokerau
signed He Whakaputanga o te Rangatira
o Nu Tireni, known in English as the
Declaration of Independence of the United
Tribes of New Zealand (He Whakaputanga),
along with British Resident, James Busby.
In its four articles, He Whakaputanga
asserted that sovereign power and authority
in the land (Ko te Kingitanga ko te mana i te
w[h]enua) resided with Te Whakaminenga,
the Confederation of United Tribes, and
that no foreigners could make laws. In
return for the tribes’ protection of British
subjects, the tribes sought King William’s
protection against threats to their mana.
He Whakaputanga became a foundation
for the assertion of Indigenous rights (the
tribes met annually) – particularly that of
self-determination – and provided a step
towards a formal constitutional relationship
with Britain.
New Zealand Human Rights Commission
In its 2014 Te Paparahi o te Raki Stage 1
report examining He Whakaputanga me
Te Tiriti, the Waitangi Tribunal noted ‘there
can be no doubt that He Whakaputanga
was a resounding declaration of the mana
and rangatiratanga of those who signed it
on behalf of their hapū.’ Further, it means
that ‘no-one would be permitted to make
laws within their territories, nor to exercise
functions of government except under their
authority and in accordance with their laws
and decisions’.xxxiii
Te Tiriti o Waitangi (1840)
Signed between over 500 Rangatira and
representatives of the British Crown in 1840,
Te Tiriti o Waitangi is the founding document
of Aotearoa New Zealand. Te Tiriti reaffirms
the pre-existing rights and rangatiratanga
of Tangata Whenua and the status of
tikanga Māori as supreme law in Aotearoa.
There were two different versions of te Tiriti,
one written in English and one in te reo
Māori, with some significant differences.
Most rangatira signed the Māori version
and only 39 signed the English version.
In the English version of the Treaty in Article
1, Māori give the British Crown “absolutely
and without reservation all the rights and
powers of sovereignty” over their lands and
were guaranteed “undisturbed possession”
of their lands, forests, fisheries, and other
properties.
In the Māori version of the Treaty, Māori
give the Crown kāwanatanga katoa –
complete governorship. They were also
guaranteed tino rangatiratanga – the
unqualified exercise of chieftainship over
their lands, dwelling places, and all other
possessions. However, should Māori wish to
sell any land or property, it must be offered
to the British Crown. This was to give Māori
protection against purchasers but also gave
the Crown a great advantage to buy land at
a low price and sell to settlers for a profit.
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