Te Tiriti o Waitangi
In Aotearoa New Zealand, Te Tiriti o Waitangi (Te Tiriti) is the foundation of all other human
rights obligations. Te Tiriti predates the Universal Declaration of Human Rights by over a
century and foreshadows the same fundamentals of self-determination, equity and full
citizenship.
As noted earlier, this report should be read
alongside the companion report Whakamanahia
Te Tiriti, Whakahaumarutia te Tangata
focusing specifically on Te Tiriti and the issues
experienced by tāngata whaikaha Māori.
Te Tiriti requires the government to act in
partnership with tāngata whenua (article 1),
protect tino rangatiratanga (article 2), advance
equity for Māori (article 3) and enable Māori
customary practices and beliefs (oral article 4).
The Ministry of Justice22 recognise:
Māori are disproportionally affected
by family violence due to the complex
intersection of sociohistorical and
contemporary factors. Understanding
violence within whānau Māori requires
placing it within the social, historical,
political and cultural experience of Māori
wāhine, tāne, and tamariki.
Western approaches to responding to
violence have not been effective for
Māori. The impacts of colonisation, and
the ongoing institutional and societal
racism combined are mutually reinforcing
and entrench structural barriers with
devastating cumulative impacts. These have
systematically disenfranchised Māori at all
levels.23
A Tiriti-based approach includes that: Māori as
Tiriti partners be part of decision-making; Māori
are able and supported to exercise rangatiratanga
and self-determination to lead solutions; and
equity for Māori is central to responses.
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Human Rights Commission
Te Tiriti mandates that tāngata whaikaha
Māori must be able to self-define the origins
and nature of violence in the social context of
colonisation and be resourced and supported
to develop and implement their own responses
to violence and abuse. This is endorsed in He
Puapua (2019), the report of the Working Group
detailing how Aotearoa can implement the
United Nations Declaration on the Rights of
Indigenous People. He Puapua says:
The rights and interests of tāngata whaikaha
Māori (disabled), wāhine Māori (women),
kaumātua (the elderly), rangatahi (youth),
tamariki Māori (children), and takatāpui
(LGBTIQ+) communities must also be front
and centre of both a Declaration plan and
engagement.24
Tāngata whaikaha Māori experience multiple
barriers and intersecting disadvantages.25
A Tiriti-based approach that considers the
particular factors affecting tāngata whaikaha
Māori is one way the government can ensure
that it does not exacerbate inequalities and
leave disabled people even further behind.
As expressed during a meeting of the United
Nations Convention on the Rights of Persons
with Disabilities (UNCRPD) expert group on
indigenous persons with disabilities: “now we
are at the table neither as indigenous peoples
nor as disabled, but as indigenous persons with
disabilities, that changes everything”.26