Housing connecting whānau and
whenua
An opportunity for the housing sector is to enable
construction on Māori land, thus connecting
whānau with their identity and whakapapa111.
It is also an opportunity to seek ways to enable
reconnection where tūrangawaewae links were
severed through land alienation but the desperate
need for housing within a rohe remains. There is
also an opportunity to enable whānau, hapū and
iwi to define the values that they seek represented
in housing, whether it be through design for
identity or expressed connection with the whenua,
the health of the whenua and waterways and
provision for future generations.
Kāwanatanga: the role of the Kāwana
Kāwana constructive or effective accountability to
Māori has been broadly absent or weak since the
Treaty was signed in 1840. The key reason for that
could be because, until the last 40 years or so, the
Kāwana did not accept it had a responsibility to
Māori except as a citizen of Aotearoa New Zealand,
as with any other ‘subject’. The introduction of
the Waitangi Tribunal was intended to address
Treaty grievances, but the Tribunal is advisory, not
determinative. The Kāwana remains in a position
of power but now does treat Māori as a partner in
the Treaty, albeit an inferior one. The references
to principles of the Treaty as well as partnership
discussion, which tended to avoid direct reference
to the Treaty text, have been noted. The Cabinet
Office circular of 2019, to which the New Zealand
Law Society alerted its members,112 advised that,
while the principles of the Treaty had previously
been referenced, the Courts now take the
text of the Treaty as the focus. From this, our
understanding is that the Kāwana now recognises
that concepts in Te Tiriti such as rangatiratanga
are relevant to accountability, and as the Ministry
of Health notes on its website,113 Tiriti obligations
apply to the services the department provides
(although they are referenced still as Treaty
principles). Accountability in terms of Te Tiriti, by
implication, applies to all Kāwana departments
and services, including housing. While Treaty
obligations and accountability to Māori might be
accepted, the Kāwana mechanisms for addressing
constructive or effective accountability are
generally enacted and then enforced through
parliamentary legislation such as the Resource
Management Act (now under review). This
legislation and administration of it, as well as that
of education and housing, are examples that have
frequently failed Māori in terms of accountability.
We have also discussed relationships as an
important factor for Māori in ensuring effective
accountability and suggest that this is the
sphere where accountability is best addressed
in Kāwanatanga accountability to Māori. A
Kāwanatanga collective responsibility in terms of
Te Tiriti as is recognised and customarily enforced
in terms of tikanga Māori could be considered
as an approach by the Kāwana in terms of its
accountability to Māori, including for housing.
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