Community Engagement Report for developing a National Action Plan Against Racism Since 2010, there has been strong advocacy from Māori to develop a plan to implement UNDRIP. The Government agreed to the development of a plan to implement it in 2019, and a working group was appointed in late 2019 to provide preliminary advice. The working group provided the Minister of Māori Development with their final report, He Puapua, on 1 November 2019. In 2021, the government agreed to targeted engagement with Māori to develop the Plan. Te Puni Kōkiri is leading this work, and the final plan is expected to be released in 2023.xxxii The Plan should complement and reinforce the actions identified to implement UNDRIP. Domestic human rights obligations He Whakaputanga (1835) In 1835, 34 rangatira of Te Tai Tokerau signed He Whakaputanga o te Rangatira o Nu Tireni, known in English as the Declaration of Independence of the United Tribes of New Zealand (He Whakaputanga), along with British Resident, James Busby. In its four articles, He Whakaputanga asserted that sovereign power and authority in the land (Ko te Kingitanga ko te mana i te w[h]enua) resided with Te Whakaminenga, the Confederation of United Tribes, and that no foreigners could make laws. In return for the tribes’ protection of British subjects, the tribes sought King William’s protection against threats to their mana. He Whakaputanga became a foundation for the assertion of Indigenous rights (the tribes met annually) – particularly that of self-determination – and provided a step towards a formal constitutional relationship with Britain. New Zealand Human Rights Commission In its 2014 Te Paparahi o te Raki Stage 1 report examining He Whakaputanga me Te Tiriti, the Waitangi Tribunal noted ‘there can be no doubt that He Whakaputanga was a resounding declaration of the mana and rangatiratanga of those who signed it on behalf of their hapū.’ Further, it means that ‘no-one would be permitted to make laws within their territories, nor to exercise functions of government except under their authority and in accordance with their laws and decisions’.xxxiii Te Tiriti o Waitangi (1840) Signed between over 500 Rangatira and representatives of the British Crown in 1840, Te Tiriti o Waitangi is the founding document of Aotearoa New Zealand. Te Tiriti reaffirms the pre-existing rights and rangatiratanga of Tangata Whenua and the status of tikanga Māori as supreme law in Aotearoa. There were two different versions of te Tiriti, one written in English and one in te reo Māori, with some significant differences. Most rangatira signed the Māori version and only 39 signed the English version. In the English version of the Treaty in Article 1, Māori give the British Crown “absolutely and without reservation all the rights and powers of sovereignty” over their lands and were guaranteed “undisturbed possession” of their lands, forests, fisheries, and other properties. In the Māori version of the Treaty, Māori give the Crown kāwanatanga katoa – complete governorship. They were also guaranteed tino rangatiratanga – the unqualified exercise of chieftainship over their lands, dwelling places, and all other possessions. However, should Māori wish to sell any land or property, it must be offered to the British Crown. This was to give Māori protection against purchasers but also gave the Crown a great advantage to buy land at a low price and sell to settlers for a profit. 95

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