44 S e cti o n One – General • providing redress with respect to cultural, intellectual, religious or spiritual property taken without consent New Zealand context Kaupapa o Aotearoa (Article 11) • enabling access and/or repatriation for ceremonial objects or human remains (Article 12) • taking effective measures to ensure language revitalisation use and development and provision of interpretation (Article 13) • taking effective measures to ensure that State-owned media reflects indigenous cultural diversity (Article 16) • consulting and co-operating in good faith with Customary rights and rangatiratanga International instruments affirm the customary rights of Indigenous peoples as central to the realisation of their human rights. In New Zealand, Mäori customary rights are formed by whakapapa (genealogical connections), tikanga (the customary equivalent of law) and mätauranga (traditional knowledge). Exercised collectively, these rights and responsibilities existed prior to colonial contact and have survived – though not necessarily in their Indigenous peoples, through their representative insti- original form – into the present. Article 2 of the Treaty of tutions, in order to obtain their free, prior and informed Waitangi protects Mäori rangatiratanga, which refers to consent before implementing measures that affect chiefly authority and self-determination rooted in tikanga, them (Article 19) and any project affecting lands and resources (Article 32) • taking effective and, where appropriate, special measures to ensure continuing improvement of economic and social conditions (Article 21), particularly of women and children (Article 22) • taking appropriate measures in consultation with and the protection of lands, forests, fisheries and other taonga or treasures. Maori society was collectively organised with whakapapa (genealogy) forming the backbone or a framework of kin-based descent groups held together by rangatira – leaders for their ability to weave people together. Indigenous peoples to give effect to the Declaration (Linda Te Aho, ‘Contemporary Issues in Mäori Law and Society’ (Article 38). Waikato Law Review 15, p 140.) As many of the Articles in the Declaration intersect Some legislation refers to and incorporates aspects of with the principles of the Treaty (as interpreted by the ’tikanga Mäori’, including kaitiakitanga (the exercise of Waitangi Tribunal and New Zealand Courts), there is guardianship), mätaitai (food resources from the sea), and considerable scope for the Declaration to be used to support, clarify, and promote understanding of the human rights dimensions of the Treaty. The Mäori Land Court, tangata whenua (the iwi or hapü that holds mana whenua – that is, the authority, rights and responsibilities derived from the land – over a particular area).9 for example, has indicated that several of the Declara- Te Puni Kökiri, the Ministry of Mäori Development, is tion’s Articles (Preamble paragraphs 10 and 15, Articles the Crown’s principal advisor on Crown-Mäori relation- 3, 11, 13, 18, 25, 26, 27, 32 and 40) will have particular ships. Te Puni Kökiri administers relevant legislation significance for its work. The court’s jurisdiction under Te and has developed the ‘Mäori Potential Approach’ as a Ture Whenua Mäori Act 1993 has addressed, or has the Mäori public policy framework. The ultimate aim of this potential to address, issues arising from these Articles because they are concerned with the rights of Indigenous people to retain, manage, utilise and control their lands and waters in accordance with their own cultural approach is to better position Mäori to build and leverage off their collective resources, knowledge, skills and leadership capability in order to regenerate an economic and cultural base. preferences. The court’s jurisdiction also enables the full A range of non-traditional entities also exercise aspects participation of Mäori in the mediation and adjudica- of contemporary rangatiratanga. These include the tion of issues concerning the administration of these New Zealand Mäori Council, the only national Mäori resources. organisation supported by legislation; the National 9 Hirini Moko Mead (2003), Tikanga Maori: Living By Mäori Values (Wellington: Huia Publishers), p 5