Ki te whaiao, ki te ao Mārama Article 3 promises Māori equal enjoyment of citizenship rights, placing obligations on the Crown to ensure equity for Māori alongside other New Zealanders. Although not part of the written text, an oral ‘article 4’ protected ‘wairuatanga’ (spiritual practices and freedoms) as part of a broader commitment to religious freedom. The meaning of te Tiriti and the intentions of those who signed it have been examined in depth by the Waitangi Tribunal in its Paparahi o te Raki Stage 1 report. The Tribunal concluded that the rangatira that signed te Tiriti in 1840 did not cede their sovereignty to Britain.xxxiv That is, Māori did not cede their authority to make and enforce law over their people or their territories. The rangatira agreed to the Governor having authority to control British subjects in New Zealand, and thereby keep the peace and protect Māori interests. The Tribunal affirmed that te Tiriti provides for co-existing systems of governance authority – Crown kāwanatanga authority and iwi and hapū rangatiratanga. The Waitangi Tribunal found that those who signed te Tiriti envisaged a sharing of power and authority and a partnership of equals, where each would have different roles and different “spheres of influence”. The detail of how the relationship would work in practice, remained to be negotiated over time on a case-by-case basis. Domestic human rights legislation In Aotearoa, human rights are primarily protected in legislation by the New Zealand Bill of Rights Act 1990 (NZBORA) and the Human Rights Act 1993 (HRA). The long title of the NZBORA provides that its functions are: a) to affirm, protect, and promote human rights and fundamental freedoms in New Zealand b) to affirm New Zealand's commitment to the International Covenant on Civil and Political Rights. It incorporates into New Zealand law most – but not all – of the civil and political rights set out in the ICCPR, such as freedom of expression, freedom from discrimination, freedom of religion and the rights of minorities. It does not, however, specifically protect Indigenous rights or refer to te Tiriti. There are no protections in NZBORA for property rights, or for economic, social and cultural rights. The HRA establishes the Human Rights Commission, with its primary functions to advocate and promote respect for human rights and to encourage the maintenance and development of harmonious relations in New Zealand society. It prohibits discrimination on the grounds of colour, race, and ethnic or national origins in both public and private areas of life, as well as (in specified circumstances) racial harassment, and inciting or exciting racial disharmony. The HRA provides exceptions to the grounds of discrimination for special measures to achieve equality. The Commission is required by the HRA to “promote by research, education and discussion a better understanding of the human rights dimensions of the Treaty of Waitangi and their relationship with domestic and international law”. Te Kāhui Tika Tangata 96

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