Te Tiriti o Waitangi
37. There is a deep synergy between Te Ao Māori,
Te Tiriti and the United Nations Declaration on
the Rights of Indigenous Peoples (‘Declaration’).
Each one bears upon the right to a decent
home in Aotearoa. Te Tiriti is interpreted in
light of the Declaration. Both instruments are
briefly outlined in these paragraphs.
38. Te Tiriti, the country’s foundational document,
establishes the relationship between Māori
and the Crown. It affirms the status of
whānau, hapū and iwi as tangata whenua and
recognises their pre-existing rangatiratanga.
It envisages a sharing of power and authority
and a partnership of equals. Te Tiriti requires
government to work in partnership, and share
decision-making, with its Tiriti partners, and
to respect and support the rangatiratanga
authority of tangata whenua.
39. Articles 1 and 2 of Te Tiriti provide for coexisting 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.
40. 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 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”.
41. In short, the right to a secure, peaceful, decent
home – both for tangata whenua and tangata
Tiriti – is at the core of the Tiriti agreement.16
Claims of breaches of these rights are currently
being examined by the Waitangi Tribunal in its
Housing Policy and Services Kaupapa Inquiry
(Wai 2750).
Section 2: Colonisation and Te Tiriti o Waitangi
21