36. Articles 1 and 2 of Te Tiriti provide for co-existing systems of governance: iwi and hapū rangatiratanga and Crown kāwanatanga authority. Article 3 promises Māori equal enjoyment of citizenship rights, placing obligations on the Crown to ensure equity for Māori alongside other New Zealanders. But the Crown’s commitment to Māori under Te Tiriti goes much further than a promise of equitable treatment. It requires putting right the wrongs committed and damage inflicted, honouring the pre-existing Te Tiriti and indigenous human rights of tangata whenua, and reconciliation. 37. In the context of the right to a decent home, article 2 requires closer consideration. It affirms tangata whenua rights to “te tino rangatiratanga o o ratou wenua, o ratou kāinga me o ratou taonga katoa” (the absolute authority over their lands, homes/villages and all their treasures). Rangatiratanga entails the authority to manage traditional territories, manaaki (care for) and tiaki (protect) the people, lands and resources within them. In the English version of article 2, this is referred to as the “full, exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess”. 38. In short, the right to a secure and peaceful home – both for tangata whenua and incoming settlers – is at the core of the Tiriti agreement. Claims of breaches of these rights are currently being examined by the Waitangi Tribunal in its Housing Policy and Services Kaupapa Inquiry (Wai 2750). United Nations Declaration on the Rights of Indigenous Peoples 39. Affirmed by New Zealand in 2010, the Declaration complements New Zealand’s constitutional obligations under Te Tiriti. It reinforces the Crown’s obligations to work in partnership, actively protect rangatiratanga, and advance Māori equity. 40. The Declaration reflects existing international human rights standards, including the right to a decent home, and outlines how they apply in the specific circumstances of indigenous peoples. It reaffirms indigenous peoples’ rights to their lands, territories and resources, and to their culture, identity and way of life. 41. At the core of the Declaration is the rights of indigenous peoples to selfdetermination, to make their own decisions and control their own destiny, as well as to participate in government decision-making that affects them. The right 14

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