23
Human Rights Commission
Kupu Arataki | Introduction
Maranga Mai! begins with some necessary context
to understand this report. There is an urgent need
for New Zealanders to accept the truth about the
magnitude of racism experienced by Māori today and
acknowledge that this history of racism stretches back
to colonisation. The authors believe the elimination
of racism will not occur, without constitutional
transformation and co-governance with Māori, and
the rejection of the Doctrine of Discovery.
This section starts with an overview of the Doctrine
of Discovery which is the authority by which
Aotearoa New Zealand was first colonised and
which still underpins the establishment of the New
Zealand government and its legislation today. He
Whakaputanga o Nu Tireni | The Declaration of
Independence (He Whakaputanga) and Te Tiriti o
Waitangi (Te Tiriti) are then introduced. The following
sections describe the status of Te Tiriti (te reo version)
under international law and why it is regarded as the
principal text by Māori.
Maranga Mai! calls on the government to recognise
He Whakaputanga and Te Tiriti as the founding
constitutional documents of Aotearoa and to reject
the Doctrine of Discovery as the basis for its position
(see also chapter 1). For this to occur, the government
is urged to enter a process of truth, reconciliation
and justice with Māori and use this as a springboard
to take bold actions to eliminate racism, commit to
constitutional transformation, and enable a better
future for tangata whenua and all New Zealanders.
Doctrine of Discovery
Indigenous nations at the United Nations have
described the Doctrine of Discovery as the driver of all
“Indigenous dispossession” (United Nations PFII, 2012).
The Doctrine of Discovery refers to a series of Papal
Bulls (Catholic laws) made by the Vatican during the
fifteenth century. These decrees provided the rationale
for the conquest, colonisation and subjugation of
Indigenous peoples and the seizure of their lands.
These racist actions were premised on the basis that
non-European, non-white and non-Christian peoples
had forfeited their rights of independent sovereignty,
ownership of land and natural resources to what was
presumed to be a superior European power.
The doctrine became part of international law
through a series of landmark cases, such as, Johnson
v. McIntosh (1823) (21 US 543) in the United States,
where judges ruled that Western states that had taken
possession of Indigenous lands immediately acquired
a radical title to the land and could extinguish
Indigenous ownership at will (Stuart Banner, 2005).
The Doctrine of Discovery has never been rescinded.
In Aotearoa, Lieutenant William Hobson under the
doctrine, declared sovereignty over Te Waipounamu
(The South Island) in 1840 and claimed it for the
Crown. In 1840, The Treaty of Waitangi (English
version) was partially signed and mainly by North
Island rangatira. Nevertheless, the British Crown
proclaimed sovereignty and cession under the
doctrine and the treaty (Ruru J. & Miller R.J, 2008).
The doctrine paved the way for colonisation of
Aotearoa, underpinned the establishment of the
New Zealand government and its legislation, and
established the white supremacy and systemic racism
which exists today. Through colonisation, premised
on the notions of racial superiority outlined in the
doctrine, tangata whenua were displaced from their
traditional lands, territories and resources.
He Whakaputanga o
Te Rangatiratanga o
Nu Tireni | The Declaration
of Independence (1835)
Drafted in 1835, 52 rangatira signed He
Whakaputanga which formally asserted the mana
and authority of Indigenous Māori peoples in