Ki te whaiao, ki te ao Mārama
Article 3 promises Māori equal enjoyment of
citizenship rights, placing obligations on the
Crown to ensure equity for Māori alongside
other New Zealanders.
Although not part of the written text, an oral
‘article 4’ protected ‘wairuatanga’ (spiritual
practices and freedoms) as part of a
broader commitment to religious freedom.
The meaning of te Tiriti and the intentions
of those who signed it have been examined
in depth by the Waitangi Tribunal in its
Paparahi o te Raki Stage 1 report. The
Tribunal concluded that the rangatira that
signed te Tiriti in 1840 did not cede their
sovereignty to Britain.xxxiv That is, Māori
did not cede their authority to make and
enforce law over their people or their
territories. The rangatira agreed to the
Governor having authority to control British
subjects in New Zealand, and thereby keep
the peace and protect Māori interests.
The Tribunal affirmed that te Tiriti provides
for co-existing systems of governance
authority – Crown kāwanatanga authority
and iwi and hapū rangatiratanga. The
Waitangi Tribunal found that those who
signed te Tiriti envisaged a sharing of power
and authority and a partnership of equals,
where each would have different roles and
different “spheres of influence”. The detail of
how the relationship would work in practice,
remained to be negotiated over time on a
case-by-case basis.
Domestic human rights legislation
In Aotearoa, human rights are primarily
protected in legislation by the New Zealand
Bill of Rights Act 1990 (NZBORA) and the
Human Rights Act 1993 (HRA).
The long title of the NZBORA provides that
its functions are:
a) to affirm, protect, and promote human
rights and fundamental freedoms in
New Zealand
b) to affirm New Zealand's commitment to
the International Covenant on Civil and
Political Rights.
It incorporates into New Zealand law most
– but not all – of the civil and political rights
set out in the ICCPR, such as freedom of
expression, freedom from discrimination,
freedom of religion and the rights of
minorities. It does not, however, specifically
protect Indigenous rights or refer to te Tiriti.
There are no protections in NZBORA for
property rights, or for economic, social and
cultural rights.
The HRA establishes the Human Rights
Commission, with its primary functions to
advocate and promote respect for human
rights and to encourage the maintenance
and development of harmonious relations
in New Zealand society. It prohibits
discrimination on the grounds of colour,
race, and ethnic or national origins in
both public and private areas of life, as
well as (in specified circumstances) racial
harassment, and inciting or exciting racial
disharmony.
The HRA provides exceptions to the grounds
of discrimination for special measures
to achieve equality. The Commission
is required by the HRA to “promote by
research, education and discussion a
better understanding of the human rights
dimensions of the Treaty of Waitangi
and their relationship with domestic and
international law”.
Te Kāhui Tika Tangata
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