Tangata Whenua accountability to the Kāwana
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Rangatiratanga
Kāwanatanga
Tangata Whenua
Kāwana
In a range of circumstances, Tangata Whenua
section 18 of the Environmental Protection
may be accountable to the Kāwana. Examples
include appointments and relationships where
Tangata Whenua advise the Kāwana. For example,
Ngā Kaihautū Tikanga Taiao is the statutory
Māori Advisory Committee established under
Authority Act 2011. The committee’s statutory
requirement is to provide advice and assistance
from a Māori perspective. Although they may be
applying tikanga within their role, the committee’s
accountability is to the Kāwana.
In what circumstances would Māori be accountable to the Kāwana in terms of
tikanga Māori?
Accountability to the Crown outside of contractual
or work obligations or Kāwana legal requirements
such as taxes and rate payments does not
seem to reflect the process of tikanga Māori,
which takes place in the Māori sphere. Māori
whānau and hapū have an effective, operational
accountability system that requires accountability
to whānau, hapū and, in identified cases, iwi and
at the national level. This tikanga Māori system
operates alongside the parliamentary system of
laws. However, as a Tiriti partner, the whānau/
hapū accountability system is to whānau/hapū
through mana motuhake, and that in turn enables
Māori to attain tino rangatiratanga. Currently,
both Māori and Pākehā are required to respond
to parliamentary law. Services are provided in
line with Kāwana policies, and there are public
(constructive) accountability systems in place to
ensure that responsibilities and policies are given
effect to (such as penalties for non-payment
of taxes). The calls to strengthen the Kāwana
accountability systems are discussed in the
following sections.
In only limited examples, as our case studies
indicate, are Māori able to manage systems for
Māori in ways culturally appropriate for Māori,
even though examples of mana motuhake or tino
rangatiratanga are operating in other countries
with positive cultural responses. However,
He Puapua74 envisioned a future for Aotearoa
New Zealand where tikanga as constructive
accountability might also function under the
Crown’s authority in certain circumstances – in
other words, a system that respected the systems
of accountability of both Māori and Pākehā.
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