6. Te Tiriti o Waitangi Te Tiriti o Waitangi (Te Tiriti) is Aotearoa New Zealand’s own unique statement on human rights and is consistent with our obligations under international human rights law, including the rights of Indigenous peoples to selfdetermination. As our founding constitutional document, Te Tiriti provided the legitimate basis for tauiwi settlement, and subsequently all migrants, in Aotearoa.55 It reaffirms pre-existing Māori rights to exercise tino rangatiratanga.56 It is described as “the first immigration policy” and as the “original charter for immigration in New Zealand”.57 Immigration is explicitly acknowledged in the preamble of Te Tiriti: “he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e haere mai nei” (a great number of [the Queen’s] people have settled in this country, and others will come).58 Any assessment of the role of Te Tiriti in respect of immigration policy in Aotearoa should consider the historical context of settler colonialism and the experiences of Māori. These include the negative consequences of colonisation involving “the usurpation of Māori tino rangatiratanga”,59 the replacement of 14 tikanga - as the first law of Aotearoa with English common law, large-scale confiscation of land, and policies of cultural assimilation.60 Policy development leading to the creation of the AEWV scheme does not appear to have genuinely considered obligations of Te Tiriti. Nor did it involve any substantive consultation with Māori communities. Immigration policy generally has “largely ignored Te Tiriti”61 and has failed to give Māori an opportunity for input.”62 Tikanga Māori is based on an underlying set of principles such as mana, whakapapa, tapu, and manaakitanga.63 Tikanga, which comes from the word ‘tika’ has been described as “what is ‘right, just, fair or proper”64 and is a values based system that helps to maintain positive relations and provide a way forward when these have been damaged.65 Similarly manaakitanga has been defined as “the process of showing and receiving care, respect, kindness and hospitality”66 to others, that we might enjoy good relations. Manaakitanga is often used in connection with the responsibilities of mana whenua when hosting manuhiri. It captures the “concept of mutual care and respect”.67 55 Te Kāhui Tika Tangata, Co-governance, human rights & Te Tiriti o Waitangi, November 2023. 56 Te Tiriti o Waitangi, Article 2. 57 New Zealand Productivity Commission | Te Kōmihana Hua o Aotearoa, Immigration Fit for the Future, April 2022, p12. 58 Translation as found at e-tangata.co.nz/comment-and-analysis/rangatiratanga-and-immigration/ 59 See https://e-tangata.co.nz/comment-and-analysis/its-time-for-maori-to-be-heard-on-immigration-policy/ 60 Kukutai, Tahu and Arama Rata. (2017) From Mainstream to Manaaki: Indigenising Our Approach to Immigration. In Fair Borders? Migration Policy in the Twenty-First Century. Hall, D. (ed.) Brigit Williams Books, Wellinton, p. 27. 61 New Zealand Productivity Commission | Te Kōmihana Hua o Aotearoa, Immigration Fit for the Future, April 2022, p8. https:// www.treasury.govt.nz/sites/default/files/2024-05/pc-inq-is-immigration-fit-for-the-future.pdf 62 Ibid, p92. 63 Mikaere, Ani. (2007) “Seeing human rights through Māori eyes. Yearbook of New Zealand Jurisprudence 8(10). Available at Mikaere, Ani --- “Seeing human rights through Maori eyes” [2007] NZYbkNZJur 8; (2007) 10 Yearbook of New Zealand Jurisprudence 53 (nzlii.org) 64 Kukutai and Rata, 2017, p. 40. See also https://e-tangata.co.nz/comment-and-analysis/its-time-for-maori-to-be-heard-onimmigration-policy/. 65 Moana Jackson: Decolonisation and the stories in the land. E-Tangata, 9 May 2021, https://e-tangata.co.nz/comment-andanalysis/moana-jackson-decolonisation-and-the-stories-in-the-land/. 66 Kukutai and Rata, 2017, p. 40. 67 Ibid. The Accredited Employer Work Visa (AEWV) scheme in Aotearoa New Zealand: A Human Rights Review