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Treaty Relationships & Constitutional Change

  

 

 

 

Introduction to Treaty  Relationships

Quakers in Aotearoa/New Zealand recognise Te Tiriti o Waitangi/ the Treaty of Waitangi as a living document fundamental to the life of this nation, and we acknowledge iwi and hapū rangatiratanga (sovereignty) which it guarantees. We advocate for constitutional change to better reflect the equality of relationship this requires.

As members of Te Haahi Tuuhauwiri, (the Religious Society of Friends), we believe that indigenous peoples have the right of self-determination. By virtue of that right, they should be able to freely determine their political status and freely pursue their economic, social and cultural development. Read our Statement(1995) on Maori-Pakeha Issues

VIDEO LINK Click here for a 5 minute video guide to te Tiriti o Waitangi/the Treaty of Waitangi. [link to U tube video]  An introductory explanation by David James of the first three clauses of Te Tiriti o Waitangi/ the Treaty of Waitangi. (Some wind noise on the recording).

              

 

 

 

 

 

 

Yearly Meeting Statements

 

 

 

Yearly Meeting and Treaty Relationships Group submissions

SUBMISSION: TREATY-BASED CONSTITUTIONAL ARRANGEMENTS YM Clerks 20 June 2013    

Summary

This submission addresses the topic in the Constitutional Advisory Panel’s terms of reference regarding Crown-Māori relationships.

Some initial comments are made about Quakers’ experience with the current review of constitutional arrangements and we conclude that processes need to be developed to encourage ongoing citizen participation in the consideration of this critical aspect of the life of the nation.

The submission then outlines Quakers’ views of;

  • the values we consider need to underpin the constitutional arrangements of Aotearoa/New Zealand,
  • the outcomes we consider need to be achieved by the constitutional arrangements and finally
  • some examples of possible arrangements that might achieve those outcomes.

The last part of the submission answers the Panel’s question as to why we hold these views and then concludes with some recommendations.

The fundamental issue in Crown-Māori relationships in our view is the need to build a constitutional relationship between hapū and iwi and the Crown based on the guarantee of the continuance of tino rangatiratanga and self-determination in Te Tiriti o Waitangi.

Related information: 

  • Submission Crown Maori relations 2018 
  • Submission on Waitara Lands Bill 2016 [Link to pdf]
  • Submission on TPPA Bill 2016 [Link to pdf]
  • Submission on Flag Referendum Bill 2015 [Link to pdf]
  • Yearly Meeting submission  to the Consitutional Advisory Panel 20 June 2013
  • TRG submission on Marine and Coastal Area Bill 2010 [Link to pdf]
  • TRG submission on Foreshore and Seabed Act Review 2009 [Link to pdf]

 

 

Treaty Relationships weekends

Overview  of 2017 weekend

Eighteen people (including facilitators) attended the annual Treaty weekend held at the Friends Settlement in Whanganui 6-8 October. The weekend included mutual sharing of action, discussion and thoughts about Treaty issues and relationships, an update from Peace Movement Aotearoa on current issues, -including the Committee on the Elimination of Racial Discrimination (CERD)’s recent Concluding Observations on the Government’s performance in relation to the Treaty) - discussion on constitutional change and a well-attended open evening meeting with  a talk by Adrian Rurawhe, the MP for Te Tai Hauāuru, focusing on, but not limited to, discussion on Māori and the Criminal Justice System. 

From the 2013 Treaty Issues Seminar, held at The Settlement October 11-13

At the 2013 Treaty Workshop participants noted that Friends may want to be involved locally on Treaty issues and this would call for an understanding of the local authority's statutory responsibilities with regards Te Tiriti (Treaty of Waitangi).  With this in mind these 2 papers are available as a resource.  The first focuses on key general requirements applicable to all local authorities, the second article suggests a framework for thinking about local authority responsibilities, and describes how the principles of the Treaty may be applied to local government.

The Settlement Agreements between the Crown and iwi are intended to fully and finally settle historic Treaty claims, and in many cases establish new relationships and responsibilities for iwi and hapu.  The Tūhoe Settlement is an example of one of these groundbreaking agreements. 

Overviews of Previous Treaty Relationships weekends

 

Monthly Meeting study about Constitutional Change

The Government announced a cross-party review of constitutional arrangements in Aotearoa/New Zealand in early 2011. At Yearly Meeting in 2011 the Treaty Relationships group presented a proposal for Monthly Meetings to engage in a process of learning and discussion about constitutional arrangements and the need for change so that we are able to enter a conversation on an informed basis with our networks, the wider community and with Māori at an appropriate time. It was recommended that this process take place over the period of the Government's review of constitutional arrangements from 2011 to 2013.

The Treaty Relationships Group pointed out that whilst they approached the issue of constitutional change initially through the ‘lens’ of the Treaty, there are other compelling reasons for Friends to push for change. While indigenous peoples’ rights are particularly vulnerable, it is not only the rights of Māori that the current constitutional arrangements fail to protect. There is similarly no protection for other New Zealanders’ human rights as can be been seen through the amount of legislation enacted that breaches a range of rights guaranteed under legally binding international human rights instruments. Furthermore, Friends along with many others have become increasingly concerned about how existing economic and financial systems are leading to exploitation of, and damage to, the environment. A number of nations including Bolivia and Ecuador have recently adopted constitutions that provide for protections of the environment.

Yearly Meeting endorsed the Treaty Relationships Group proposal and encouraged Monthly Meetings to use, amongst other things, the following resources provided by the Treaty Relationships Group.

You can download resources in pdf form and print some copies for your f/Friends or for your meeting.

 

 

Resources

 

Archives

Some resources put together for use at previous Treaty Weekends:

  • Yearly Meeting Submission to the Constitutional Advisory Panel 2013  
  • Treaty-based constitutional arrangements 2013-2016

Yearly Meeting Submission to the Constitutional Advisory Panel 2013  

The Yearly Meeting submission to the Constitutional Advisory Panel dated 20 June 2013  addresses the topic in the Panel’s terms of reference regarding Crown-Māori relationships. Some initial comments are made about Quakers’ experience with the current review of constitutional arrangements and we conclude that processes need to be developed to encourage ongoing citizen participation in the consideration of this critical aspect of the life of the nation.

The submission then outlines Quakers’ views of:

  • the values we consider need to underpin the constitutional arrangements of Aotearoa/New Zealand,
  • the outcomes we consider need to be achieved by the constitutional arrangements and finally
  • some examples of possible arrangements that might achieve those outcomes.

The last part of the submission answers the Panel’s question as to why we hold these views and then concludes with some recommendations.

Treaty-based constitutional arrangements 2013-2016 

The fundamental issue in Crown-Māori relationships in our view is the need to build a constitutional relationship between hapū and iwi and the Crown based on the guarantee of the continuance of tino rangatiratanga and self-determination in Te Tiriti o Waitangi.

Full Submission [Link to pdf of complete submission]

 

Summary of the findings of the Waitangi Tribunal Report: WAI 1040: He Whakaputanga me te Tiriti / The Declaration and the Treaty  [Link to WAI 1040 summary.pdf]    

 

Matike Mai Aotearoa, the Independent Working Group on Constitutional Transformation:

Executive Summary [Link to Matike Mai exec summary.pdf]

Values and Recommendations [Link to Matike Mai report, values + recommendations.pdf]

Full report  {Link to MatikeMaiAotearoaReport.pdf]

Settlements arising from breaches of Te Tiriti/The Treaty  – examples 2013-2016

The Settlement Agreements between the Crown and iwi are intended to settle claims for historic Treaty breaches, and in many cases establish new relationships and responsibilities for iwi and hapu.  The Tūhoe and Whanganui River Settlements are examples we have examined of these groundbreaking agreements.

Tuhoe Deed of Settlement – summary and précis

Whanganui River Deed of Settlement  - [Link to the Exec Summary deed of settlement Whanganui River.pdf

Local Authorities: 2013

At the 2013 Treaty Workshop participants noted that Friends may want to be involved locally on Treaty issues and this would call for an understanding of the local authority's statutory responsibilities with regards Te Tiriti (Treaty of Waitangi).  With this in mind these 2 papers are available as a resource.  The first focuses on key general requirements applicable to all local authorities, the second article suggests a framework for thinking about local authority responsibilities, and describes how the principles of the Treaty may be applied to local government.

 

Consitutional Arrangments Submission 2011

The purpose of this submission (by David James & Jillian Wychel) is to examine the place of the Treaty of Waitangi in our constitutional arrangements, balancing historical, legal, political and ethical considerations.

 

 

Reference Documentation:

  • YM 2008 Tāngata Whenua Rights & the Constitution.pdf
  • 1995 YM Statement on Māori- Pakeha issues.pdf
  • YM Statement on Bicultural Issues 1988-9.pdf
  • Submission Crown Maori relations 2018 final
  • Waitara submission 4 Nov final.pdf
  • TRG TPPA bill submission March 2016 final
  • TRG Flag bill submission 22 April 2015
  • June 2013 CAP Submission - Treaty-Based Constitutional Arrangements.pdf
  • written submission M&C_Area_Bill_2010_v03[1].pdf
  • TRG Submission on F&S Act Review PDF.pdf
  • Treaty Weekends 2013- 2016.pdf
  • Treaty Relationships weekend 2004.pdf
  • Quaker Treaty booklet 2017 final.pdf
  • WAI 1040 summary.pdf
  • Matike Mai exec summary.pdf
  • Matike Mai report, values + recommendations.pdf
  • MatikeMaiAotearoaReport.pdf
  • Precis ofTuhoe Deed of Settlement final.pdf
  • Exec Summary deed of settlement Whanganui River.pdf
  • Treaty Requirements Local Authorities .pdf
  • 2013 resources Local authorities and Treaty.pdf