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Tribunal reports

E13 26 April 2019 Salient News Items

 

  • Briar Grace-Smith (Ngāpuhi) has been appointed to the Arts Council of New Zealand Toi Aotearoa (Creative NZ).
  • Shaun Awatere (Ngāti Porou) has been appointed to the National Climate Change Risk Assessment panel. The panel is tasked with creating the framework for New Zealand’s first National Climate Change Risk Assessment. The framework is to be completed by the end of June.
  • Acushla Dee Sciascia (Ngāruahine Rangi, Ngāti Ruanui and Te Āti Awa) has been appointed to the National Climate Change Risk Assessment panel.
  • Niwa Nuri (Te Arawa and Te Whakatohea), Matt Te Pou (Ngāi Tuhoe), and Bonita Bigham (Ngā Ruahine and Te Atiawa) have been appointed to the Lottery Oranga Marae Committee. 
  • The Ministry of Health released maternity data for 2017. The report shows 14,892 (25%) were Māori; and that Māori women continue to have the nation’s highest birth rate of 90.6 per 1,000 Māori females of reproductive age[1]https://www.health.govt.nz/publication/report-maternity-2017
  • The Government has announced increased independent monitoring of Oranga Tamariki, via the use of the Ombudsman, and the upcoming introduction of National Care Standards. These actions are to better protect children in State care, most of whom are Māori. https://www.orangatamariki.govt.nz/news/care-standards-support-tamariki-and-caregivers/#_blank
  • Te Puni Kōkiri has awarded the Taumarunui Community Kōkiri Trust $2.1 million from the Whānau and Community Development Investment programme. The funding will go towards the cost of repairing up to 20 homes, the development and implementation of home maintenance programmes and supporting whānau into home ownership across the Taumarunui and Te Kuiti rohe.
  • This week Des Ratima lodged an urgent application with the Waitangi Tribunal, (Wai 2882), concerning the proposed reform of the vocational education sector. (In brief these reforms propose merging all polytechnics and industry training organisations in one new entity, to commence from next year.) Mr Ratima is a current board member of Skills Active Aotearoa, which is one of the industry training organisations that would be disestablished if the reforms go ahead.  Mr Ratima claims that the Crown has breached the principles of the Treaty of Waitangi in how it has consulted about the reforms, and that the reforms may result in poorer outcomes for Māori trainees.
  • Last week Pae Aronui, a skills and employment programme for rangatahi Māori, was launched in Hamilton. Pae Aronui aims to support and develop employment skills for rangatahi not in employment, education or training (NEET).
  • This week the Associate Minister of Education Kelvin Davis announced in 2020 Te Tai Tokerau will pilot Te Kawa Matakura an education programme which aims to develop young Māori leaders through mātauranga and te reo Māori. The pilot will target two groups 15-18 year olds attending formal education; and 15-25 year olds no longer attend formal education but display the necessary qualities and potential. All participates will be required to be endorsed by iwi and whānau.

[1] Median age for Māori women who give birth was 26 years compared to 30 years for all women.

 

Māori Media Items of Interest week ending 29 March 2019

  • On Tuesday the Minister for Māori Development, Nanaia Mahuta, announced that the Lemuel Te Urupu Whānau Trust of Raupunga will receive investment funding of $1.2 million to construct five papakāinga houses.
  • This week hearings for the Wai 2660 Marine and Coastal Area Act  Inquiry were held in Wellington. This Inquiry addresses two main questions:
    • To what extent, if at all, are the MACA Act and Crown policy and practice inconsistent with the Treaty in protecting the ability of Māori holders of customary marine and coastal area rights to assert and exercise those rights? And;
    • Do the procedural arrangements and resources provided by the Crown under the MACA Act prejudicially affect Māori holders of customary marine and coastal area rights in Treaty terms when they seek recognition of their rights?
  • Ngāi Tahu Property, Queenstown Lakes District Council and KiwiBuild have partnered to build a community of 300+ homes in Queenstown. The first homes are expected to be completed in 2022.
  • On Thursday the Hastings District Council (HDC) voted ten to four in favour of appointing non-elected members of its Māori Joint Committee to the council’s other standing committees. The appointees will have full voting rights.
  • Kristy Maria Roa, (Ngāti Maniapoto, Ngāti Apakura), Tumoanakotore-i-Whakairioratia Harrison-Boyd, (Ngati Porou) and Taane-nui-a-Rangi Rotoatara Hubbard (Ngāti Kahungunu, Ngāti Pahauwera, Tainui, Ngāti Pakapaka, Ngāi Tahu, Ngāi Tūhoe) have been named finalist for the 2019 Ahuwhenua Young Māori Farmer Award. The winner will be announced on 24 May.

News and Emerging Matters Briefing – to 30 March 2012

This paper provides a summary of emerging matter of interest relating to Māori policy development, for the week 30 March 2012. 

General matters

  • On Tuesday, the first reading of the Social Security (Youth Support and Work Focus) Amendment Bill was held in parliament.  The Bill has been referred to the Social Services Committee, and a report back is due by 31 May 2012.  We note the Māori Party voted in favour of this legislation, although the Party has previously expressed some concerns about these reforms.
  • On Wednesday the Waitangi Tribunal granted the New Zealand Māori Council an urgent hearing for a claim regarding the water rights of eleven hapū.
  • Last Thursday the first reading of the South Taranaki District Council (Cold Creek Rural Water Supply) Bill was held.  The proposal has been opposed by four South Taranaki iwi; Nga Ruahinerangi, Ngāti Ruanui, Nga Rauru and Taranaki Iwi Trust.   
  • This week Ngāti Ruahine lodged an appeal against the Tauranga Environment Court decision to grant the Port of Tauranga consent to dredge the Tauranga Harbour. 
  • Oraka-Aparima Runaka Incorporated has declared a Rāhui on fishing from the Waimatuku River mouth through to Ernest Island at the south of Mason Bay, Stewart Island.  The Rāhui recognises the recent loss of eight lives in the Foveaux Strait.  The Rāhui is from 23 March to 21 April.
  • This week a Memorandum of Understanding was signed between Aotearoa Fisheries and Massey University.  The memorandum will assist the parties to increase research and professional training opportunities for Māori within the fishing sector.
  • The Parliamentary Commissioner for the Environment confirmed this week that an inquiry would be held into fracking. 
  • On Thursday the second Tuia Te Ako Māori tertiary education hui was held at Pipitea Marae, Wellington.
  • This week a proposed car rally from Ohakune to Mount Ruapehu has been cancelled following protests from local iwi Ngāti Rangi.
  • This week the National Māori Housing Conference was held in Paihia, Bay of Islands.
  • Reverend Hone Kaa died this week.


[i]         Produced by Workman Enterprises Ltd, publishers of www.Panui.Net  

Copyright: Workman Enterprises 2012. This publication is the property of Workman Enterprises and may not be copied, reproduced or forwarded to other parties without the prior consent of the owners, Workman Enterprises Ltd.   Authors of this edition: William (Craig) Workman; Honoria Ropiha.

 

No liability: While professional effort is made to ensure the accuracy of the information herein, Workman Enterprises accepts no liability for reliance on the use of any information contained within this paper.

 

References: Subscribers are welcome to contact us for reference materials relating to the above articles.

 

Impartiality: This pānui is designed to provide ‘free and frank’ advice to subscribers, and has no association with any political movement. 

WAI 262 report – Analysis English and Te Reo Māori Version – from week ending 8 July 2011

This week an extensive Waitangi Tribunal report has been released and we have therefore determined to limit this briefing to fuller coverage of that matter.  In recognition of Māori Language week we have also prepared this edition in Te Reo.   

Treaty Matters

WAI 262 report released

Last Saturday the Waitangi Tribunal released report WAI262, Ko Aotearoa Tēnei.  This claim has often been known as ‘the flora and fauna claim’, or ‘the intellectual property claim’; although the Tribunal indicates in its view it “is really a claim about mātauranga Māori”.

This is a complex claim.  The Tribunal has elected to report on the claim based around eight loosely connected thematic areas; these being intellectual property, taonga species, resource management, conversation, Te Reo Māori, Crown ‘control’ of mātauranga Māori, rongoā, and international legal instruments.

This briefing provides information on:

  • ·the approach used by the Tribunal;
  • ·the findings of the Tribunal (overall and in the thematic areas);
  • ·an assessment of the approach and recommendations made. 

Summary of the claim and inquiry approach

In 1998 it was discovered that some rare kumara varieties which were no longer available in New Zealand, had actually been previously deposited in a Japanese research institution by the Government’s Department of Scientific and Industrial Research (DSIR).  This prompted concern about loses of indigenous flora and fauna (plants and wildlife), through such ‘scientific practices’, and through extinction and ecosystem changes – and the lack of any real Māori engagement in related decision-making processes.  These concerns then extended to the loss of Māori knowledge that goes with the use of natural resources.  This resulted in a claim being lodged in 1991, by six individuals on behalf of six iwi.

After being lodged, the statements of claim continued to be extended, and the loss of Māori knowledge was gradually decoupled from just being about the use of indigenous flora and fauna, to all Māori knowledge, i.e. mātauranga Māori.  The claim was also extended to include whether the Crown has a broader responsibility to protect Māori intellectual property, including within international contexts.  Given this very wide scope the Tribunal has determined – rightly in our view – that the claim is now a claim for all Māori.

  1. The ‘logic chain’ of this claim as follows:
Who owns and controls 
Flora and fauna? – because this contributes to mātauranga Māori
Mātauranga Māori? – because this is Maori traditional knowledge;
Products of mātauranga? – because this is derived from mātauranga Māori
Who owns and controls
 

“In essence, the Wai 262 claim is really about who (if anyone) owns or controls Māori culture and identity.” (WAI 262 Report, page 17)

The eight thematic areas relate directly to these broader three questions of ownership and control; although it is not entirely clear why these eight areas have been selected and not others.  That is, there is quite a conceptual jump from flora and fauna to Te Reo Māori and International Treaties (which are in scope), but perhaps less of an analytical shift to consider Government agricultural policies (which are largely out of scope).

Summary of findings

The Tribunal finds that in all of the areas of its inquiry there is limited scope for genuine Māori input and decision-making, and that Government policies fall short of partnership with Māori, as required under the Treaty of Waitangi.

The Tribunal goes on to propose that not only does this situation create poor outcomes for Māori, but that it is negative for New Zealand overall.  The Tribunal strongly concludes that what is good for Māori will also have strong economic, social and cultural returns for New Zealand overall.

In accordance with its findings around the Crown’s deficient contribution to the Treaty partnership, the Tribunal recommends law and policy reform in all areas of its inquiry, in order to strengthen Māori voice, better protect natural resources, and to better safeguard Māori intellectual property.

Most often the Tribunal proposes this should be done through the establishment of some type of specialist Māori commission or advisory-committee.  For example, a commission is proposed to oversee Māori Intellectual Property; a Māori Advisory Committee is suggested for Taonga species, etc.  Further details of these types of recommendations are provided in the table that follows.  

While the Tribunal concludes that the Crown is not doing well in upholding the treaty principle of partnership, simultaneously the Tribunal does not specifically uphold the claims made; and in particular clarifies that in its view the whole environment is not a Māori taonga (in a treaty sense), and that broad use of Māori-themed art is not a treaty breach; and that Māori do not have unrestrained ownership interests flora and fauna; but rather have a ‘kaitiaki’ stewardship role in all of these matters.  This is a consistent message through the report. 

“Iwi and hapū are obliged to act as kaitiaki towards ‘taonga species’ of flora and fauna in their tribal areas”  … “Iwi and hapū do not have ownership rights in taonga species or in traditional knowledge relating to those species, but their relationships with those species and associated knowledge are entitled to a reasonable degree of protection.”

Overall, only one actual treaty breach is noted by the Tribunal; and this reads as a bit of a sideshow to the contemporary matters being discussed.  This breach relates to an article of legislation, The Tohunga Suppression Act 1907, used to supress traditional Māori health practices; although the statute was repelled 49 years ago.  (We wonder whether this breach was included simply to ensure that the Crown must reply to the report.)

In forming its findings, the Tribunal has sought to position the report as a game-changer in treaty relationships.  The Tribunal suggests New Zealand is at a ‘crossroads’ in Māori/non-Māori relations, and this is its first extensive ‘whole of government’, ‘future-orientated’ report designed to guide the parties through this dilemma. 

Claim Area Chapters / Themes Summary of key Findings and Solutions
Flora and fauna Taonga Species (2)
  • Māori are kaitiaki (not an ownership right)
  • Taonga species are entitled to a reasonable degree of protection
  • Proposes establishment of a Māori advisory committee, and more Māori involvement in decision-making
Resource Management (3)
  • Māori are obliged to be kaitiaki for natural resource usage
  • Crown should empower iwi to be kaitiaki, as far as practical, via changes to the Resource Management Act
Conversation (4)
  • Māori are obliged to be kaitiaki for the environment
  • The Department of Conversation is trying to accommodate that, but the kaitiaki role of Māori is not secure.
  • The Tribunal recommends the establishment of new regional and national relationship instruments, to share decision-making
Mātauranga Te Reo Māori (5)
  • Te Reo is a taonga, but it is at continuous risk
  • The Māori Language Commission requires more support to safeguard the language
  • The Māori Language Commission should become a shared Crown/iwi entity
Mātauranga Māori (Crown control) (6)
  • The Crown has a role in supporting Māori preserve mātauranga Māori
  • Currently the Crown role is delivered inconsistently
  • A new partnership arrangement is required between the Crown and Māori to oversee the Crown’s services in this area
Tangible products Intellectual property in taonga works (1)
  • Māori are kaitiaki, this role not acknowledged in law
  • Taonga works, and taonga-derived works are different, first item requires more active protection for owners
  • Crown should establish a Commission to guide decisions on these matters
Rongoā (7)
  • Rongoā has a role in modern health practices. 
  • Because of its past suppression, and a current Māori health crisis, the Crown needs to support its reestablishment.
  • The Crown needs to invest in rongoā, including supporting Te Paepae Matua (the national rongoā organisation) to play a quality assurance role
International  Instruments (8)
  • The Crown needs to consult with Māori when working on international agreements, and to date is not doing this adequately
  • The Crown needs to find relevant Māori bodies to work with in partnership when considering international instruments

 

Overall assessment of the WAI262 report

In our assessment, this report read wells, has a useful practical orientation.  Findings are likely to be appealing to the ‘reasonable person’.  Its approach is practical in that in it has not sought to identify specific legal or technical breaches relating to flora and fauna and or intellectual property since 1840 – which would have been an impossible task.  It is also practical in that it emphases partnership approaches, with discussion and dialogue between Māori and the Crown being the only real solution to determine the right uses of natural and intellectual resources in the modern context.  It is also practical in not defining everything in the cosmos as taonga, as the Tribunal notes that would make the word taonga somewhat meaningless.

However the report also has a few drawbacks, in our assessment.  The main drawback is that quality of the solutions proposed.  In essence it suggests a raft of Māori advisory groups; without sufficient consideration of whether this approach works well; and where Māori and iwi developments are at in 2011.  In our opinion the solutions proposed are ten years late; and ignore the movement of iwi groups into more holistic partnerships with the Crown.  That is, Māori advisory groups have a place, but the main Crown/Māori relationship is now in the process of being redefined via post-settlement iwi, with the emergence of iwi leaders’ forum, broad iwi business and social partnerships with the Crown.

A second drawback is the seemingly political orientation of the reporting.  The Tribunal seems to have shifted a long-way from court-based judiciary body to some other type of quasi commission of inquiry.  Producing a lengthy discussion document with a press release entitled “time to move beyond grievance” and suggesting New Zealand is in a dilemma – is quite removed from its main task.  There are reputational risks with this approach.  For example, this style of reporting leaves the Tribunal open to an accusation that perhaps it reached the conclusion that not everything natural is a taonga to Māori, because such a conclusion would likely be politically unpalatable, rather than based on a consideration of the quality of evidence submitted.

The third drawback is the narrow definition of Māori and the Crown roles.  This makes the report read a little romantic, and a little less realistic.  The Māori role is continuously described as that of kaitiaki, with the Crown generally portrayed as a somewhat negligent resource manager.  This is to simplistic in 2011; Māori have commercial and other interests that are not always centred on environmental and cultural good – just as a Crown itself has a multiply of completing interests (including acting as a kaitiaki).  This type of discussion is unfortunately largely absence from the report.

Additional notes

Report length and accessibility – it is 250 pages, with good pictures

  1. The report is not 1,000 pages as has been stated in the media.  Rather, like a good feature-film there are two versions; the standard version is 250-pages; while the extended version is 700 pages.  Both versions cover the same themes.  There are also nine factsheets (two-pages each), and these can be easily read within an hour.  We have used the standard length version to prepare this briefing.  This version is generally very well presented, with clear language, and exceptionally good pictorial imagery throughout.  But it does contain a good quantum of surplus information, which could have been left in the extended version for specialist readers.  The result is that the report is probably 100-odd pages longer than necessary.  This unnecessary length has resulted in the Government already indicated it will take some time to assess the report.

Time taken to produce the report

  1. In our assessment the twenty-year period to prepare this report relates more to delays within the Tribunal, rather than to the breadth of inquiry as is hinted at within the text.  The Tribunal does acknowledge (in part) it elected to place its resources on other claims.  But overall this extensive time-delay is not well justified.

Scope of inquiry

  1. As noted earlier, in our assessment, the eight thematic areas do not sit particularly well together.  The most incongruent aspect is the Te Reo Māori chapter.  First, because a different type of methodology is used (a much heavier reliance on statistical analysis, which isn’t used in other parallel areas, such as education outcomes).  Second, the text reads in a different, more challenging tone; which is not becoming of the overall ‘strategic lift’ the Tribunal has sought in all other areas of the report. 

Further Chapter Analysis

We are considering whether you would like specific chapter analysis from this report in the coming weeks.  Subscribers that do seek this should let us know via email.  Your demand will determine what, if any, thematic approach.


From week ending 8 July 2011

Te Pānui mō te Wiki – tae atu ki te 12 karaka i te 8 o Hurae 2011

Kaupapa

  1. Ka riro mā tēnei pānui e whakaatu ngā take o te wā i te ao Māori, arā take toko ora, take ohanga, take Tiriti anō hoki mō te wiki e mutu ana i te 12 karaka i te 8 o Hurae 2011.  I tēnei wiki i whakaputahia e Te Rōpū Whakakmana i te Tiriti o Waitangi he tino ripoata. Nā konei mātau i whakaaro ai kia hāngai te pānui mō tēnei wiki ki tenei kaupapa, arā:
  • ko te pūrongo mō WAI 262.

 

  1. Ko te Wiki o te Reo Māori tēnei. Nāwhai anō ka whakaputahia te pānui nei ki te reo Māori. Kua raua atu hoki he kīwaha hei whakaohooho i ngā kōrero.

Ngā Take Tiriti  

Ka Whakaputahia te Pūrongo mō WAI 262

  1. I tērā Rāhoroi, i whakaputa a Te Rōpū Whakamana i te Tiriti o Waitangi i tā rātau pūrongo mō WAI 262, Ko Aotearoa Tēnei. E mōhiotia nuitia tēnei kerēme, ko te ‘kerēme mō ngā kararehe me ngā otaota Māori’ ko te ‘kerēme mō ngā tika mātauranga’ rānei. Heoi anō, e kī ana a Te Rōpū Whakamana “he kerēme tēnei mō te mātauranga Māori”.
  2. He kerēme tahamaha tēnei, ā, e waru ngā wāhanga kaupapa kōrero a Te Rōpū Whakamana: he tika mātauranga; ko ngā momo kararehe otaota hoki e kīia nei he taonga; ko te whakahaere rawa; ko te tiaki taiao; ko te reo Māori; ko te wāhi ki te Karauna i roto i te mātauranga Māori, ko te rongoā,ko ngā kawenata o te ao hoki.
  3. Ka tirohia i tēnei pānui ko:
  • ·te momo kōkiri a te Te Rōpū Whakamana;
  • ·ko ngā kitenga (whānui nei, ā, ki roto i ngā wāhanga e waru);
  • ·tā mātau tatari i nga mahi nei.

 

Ko Te Kerēme me te Momo Kōkiri a Te Rōpū Whakamana

  1. No te tau 1988, i kitea tērā ētahi momo kūmara kāore anō i kitea i Aotearoa nei, engari kei Hapani kē, arā he mea tuku ki reira e Te Tari Pūtaiao o te Kāwanatanga (DSIR) i roto i ngā tau. Nā konei i toko ake he māharahara ki te korenga o ngā momo kararehe, otaota Māori, nā te korehahatanga rānei, nā te raweke taiao rānei. I māharaharatia hoki te korenga o Ngāi Māori i whai wāhi ki ngā tikanga whakahaere. Taro ake, ka toko ake te māharahara ki te ngaronga o ngā mātauranga Māori e pā ana ki ngā kararehe me ngā otaota Māori nei. Ko te pūtake tēnei o te kerēme nei i whakatakotoria i te tau 1991, e tētahi tokoono mō ngā iwi e ono.
  2. Nō muri mai, ka whakawhānuitia haeretia ngā kaupapa e kerēmetia ana, ā, taihoa ka huri te aro i te mātauranga Māori mō ngā kararehe me ngā otaota ki ngā momo mātauranga Māori katoa. Ka roa, ka eke te aronga o te kerēme nei ki te pātai mehemea e whai pānga ana a te Karauna ki te tiaki i ngā tika mātauranga a Ngāi Māori ki roto i ngā kawenata o te ao. Nā runga i te whānui o ngā kaupapa nei, i kī ai Te Rōpū Whakamana – me tā mātau whakaae atu he mea tika tēnei – he kerēme tēnei mō Ngāi Māori katoa.
  3. Ko te whakapapa o tēnei kerēme koia tēnei:
Nō wai te mana??

 

Nga Otaota me ngā Kararehe? –kei te hāngai tēnei ki te mātauranga Māori
Mātauranga Māori? – i te mea he mātauranga tuku iho tēnei nō Ngāi Māori
Ki ngā Hua Mātauranga? – i te mea e takea mai ēnei i te mātauranga Māori
Nō wai te mana?
Nō wai te mana?

 

“Ko te tino kaupapa o Wai 262 he titiro nō wai te mana ki te ahurea Māori me te tuakiri Māori.” (WAI 262, whārangi 17)

  1. Kei te hāngai pū ngā wāhanga e waru o te pūrongo ki ngā pātai whānui nei mō te mana whakahaere. Heoi, he uaua te kite atu nā te aha i whiria ai ko ēnei wāhanga e waru nei, kaua ko ētahi atu. He tawhiti kē ngā take e pā ana ki ngā otaota me ngā kararehe, tērā i ngā take mō te   reo Māori me ngā kawenata o te ao (e raua atu ana ki te tirohanga a te Rōpū Whakamana), engari ia rā he tata kē mai ngā kaupapa ahuwhenua a te Kāwanatanga (kāore i raua atu ki te tirohanga).

Ko Ngā Kitenga Matua

  1. Hei tā te Rōpū Whakamana, i ngā pito katoa o tana tirohanga, he whāiti te whai wāhi a Ngāi Māori ki ngā mana whakahaere, ā, kāore ngā kaupapa a te Kāwanatanga i te eke ki te taumata o te mahi tahi i manakohia i te Tiriti.
  2. Ko te whakaaro ia o Te Rōpū Whakamana, kāore i te pai ngā hua e hua ana ki a Ngāi Māori, ā, kāore hoki i te whai hua mō Aotearoa whānui. Hei tāna, ina ka ka hua he painga ki a Ngāi Māori, ka tino whai painga a Aotearoa a-ohanga nei, a-toko oranga nei, a-ahurea anō hoki. Hei tauira, ko tana kupu e mea nei “ka wini a Aotearoa ina e pakari ana  te ahurea Māori”.
  3. Nā runga i ngā kitenga e mea ana kei te hapa te wāhi ki te Karauna, ka mea te Rōpū Whakamana me whakahou ngā ture me ngā kaupapa e hāngai ana kia kaha ake te reo o Ngāi Māori ki roto i ngā tikanga whakahaere, kia pai ake te tohu i te taiao, kia pai ake anō te tiaki i ngā tika mātauranga Māori.
  4. He rite tonu te kī a Te Rōpū Whakamana me whakatū he momo komihana Māori, he rōpū tohutohu rānei. Hei tauira, e mea ana ia me whakatū he Komihana mō ngā Tika Mātauranga Māori, he rōpū tohutohu hoki mō ngā kararehe me ngā otaota e kīia nei he taonga.  
  5. Ka mea a Te Rōpū Whakamana kāore i te eke ngā mahi a te Karauna ki ngā taumata o te mahi tahi i manakohia i raro i te Tiriti. Heoi, kāore a  Te Rōpū Whakamana i āta whakaae atu ki ngā kerēme a ngā iwi, ā, ka mea: ehara te taiao i te taonga nō te Māori (arā, ki tā te Titiri i mahara ai): ehara te whakamahinga whānui i ngā toi Māori i te hapanga tiriti; ehara i a Ngāi Māori te mana ki ngā kararehe me ngā otaota; engari, he kaitiaki kē rātau ki roto i ngā mahi nei. He kōrero ēnei e rite tonu ana te puta mai i te pūrongo. 

“me noho ko ngā iwi me ngā hapū hei kaitiaki mō ngā kararehe me ngā otaota e kīia nei e rātau he taonga i ō rātau rohe”  …

“kāore i ngā iwi me ngā hapū te mana motuhake ki ngā kararehe me ngā otaota e kīia nei e rātau he taonga, ki te mātauranga tuku iho rānei e hāngai ana ki ēnei, engari anō ō rātau whainga pānga ki ngā mea nei he āhuatanga me tiaki ka tika.”

  1. Kotahi anake te hapanga tiriti ka tohua e Te Rōpū Whakamana, ā, he mea nō mua rā anō i ngā kaupapa ka kōrerotia i te roanga atu o te pūrongo. Ko te hapanga nei, ko te Ture Aupēhi Tohunga nō te tau 1907 i whakamahia ki te pēhi i te rongoā me ngā tikanga hauora Māori. I whakakorehia tēnei ture i te 49 tau ki muri. (E mahara ana mātau mehemea i raua mai tēnei kia herea te Karauna ki te whakahoki kōrero mō tēnei pūrongo).
  2. Kua mea a Te Rōpū Whakamana ki te whakanoho i tēnei pūrongo hei kaupapa mō tētahi ao hou.  E mea ana ia, kua tae a Aotearoa ki tētahi pekanga huarahi mō te noho tahi a ngā momo iwi ki tēnei whenua, ā, ko tana pūrongo tuatahi tēnei e aro ana ki te katoa o te kāwanatanga, e titiro ana ki ānamata (me te whakatakoto mahere mō te 30 tau kei mua i te aroaro).
Claim Area Chapters / Themes Summary of key Findings and Solutions
Flora and fauna Taonga Species (2)
  • Māori are kaitiaki (not an ownership right)
  • Taonga species are entitled to a reasonable degree of protection
  • Proposes establishment of a Māori advisory committee, and more Māori involvement in decision-making
Resource Management (3)
  • Māori are obliged to be kaitiaki for natural resource usage
  • Crown should empower iwi to be kaitiaki, as far as practical, via changes to the Resource Management Act
Conversation (4)
  • Māori are obliged to be kaitiaki for the environment
  • The Department of Conversation is trying to accommodate that, but the kaitiaki role of Māori is not secure.
  • The Tribunal recommends the establishment of new regional and national relationship instruments, to share decision-making
Mātauranga Te Reo Māori (5)
  • Te Reo is a taonga, but it is at continuous risk
  • The Māori Language Commission requires more support to safeguard the language
  • The Māori Language Commission should become a shared Crown/iwi entity
Mātauranga Māori (Crown control) (6)
  • The Crown has a role in supporting Māori preserve mātauranga Māori
  • Currently the Crown role is delivered inconsistently
  • A new partnership arrangement is required between the Crown and Māori to oversee the Crown’s services in this area
Tangible products Intellectual property in taonga works (1)
  • Māori are kaitiaki, this role not acknowledged in law
  • Taonga works, and taonga-derived works are different, first item requires more active protection for owners
  • Crown should establish a Commission to guide decisions on these matters
Rongoā (7)
  • Rongoā has a role in modern health practices. 
  • Because of its past suppression, and a current Māori health crisis, the Crown needs to support its reestablishment.
  • The Crown needs to invest in rongoā, including supporting Te Paepae Matua (the national rongoā organisation) to play a quality assurance role
International  Instruments (8)
  • The Crown needs to consult with Māori when working on international agreements, and to date is not doing this adequately
  • The Crown needs to find relevant Māori bodies to work with in partnership when considering international instruments

 

 

Ko te Tātari i te Pūrongo o WAI262

  1. Ki tā mātau titiro, he pūrongo tēnei e māmā nei te pānui, e aro ana ki ētahi huarahi ka taea te whakatutuki, ā, e mārama ana ngā kitenga ki te ‘tangata mārama’. E aro ana te pūrongo ki nga mahi ka taea, arā kāore i huri ki te tohu i ngā hapanga tiriti katoa e whāiti nei te hanga mō ngā kararehe me ngā otaota, me te tika mātauranga, mai i te tau 1840 – he mahi tēnei e kore e taea. E aro ana tēnei pūrongo ki ngā mahi ka taea, ina ko te aro ki ngā huarahi mō te mahi tahi me te kōrero tahi i waenga i a Ngāi Māori me te Karauna, arā kāore he huarahi kē atu i te horopaki whānui o te wā. Kāore hoki e kīia ko ngā mea katoa o te ao he taonga i runga i te whakaaro o Te Rōpū Whakamana mā kona kua kore he tikanga o te kupu taonga.
  2. Heoi anō ngā raruraru i tēnei pūrongo, ki tā mātau titiro. Ko te tuatahi, ko tōna aronga ki ngā mahi tōrangapu. Kua nuku noa atu Te Rōpū Whakamana i tōna noho hei momo taraipiunara e whakawā nei i ngā kerēme, kua noho hei momo rōpū akiaki. Hei tauira, ko tana pānui pāpāho e mea ana ‘kua eke te wā kia nuku atu i te mauāhara’, ā, ko tana kupu e kī ana kua tae a Aotearoa ki tētahi pekanga huarahi – engari kei a ia ngā whakautu. Kei tawhiti noa ēnei mahi i te kaupapa i whakatūria a Te Rōpū Whakamana nei. Tērā hoki ngā mōrearea o tēnei momo kōkiri, arā kei kīia a Te Rōpū Whakamana he mea whakarite ana kitenga kia rite ki te taiao tōrangapu o te wā.
  3. Ko te raruraru Matua, ko te kounga o ngā momo huarahi kua tohua e Te Rōpū Whakamana. E mea ana ia ki te whakatū ko ētahi rōpū tohutohu maha noa iho nei, engari kāore i whai whakaaro mehemea ka whai hua tēnei momo kōkiri, mehemea rānei kei te pēhea te āhua o ngā mahinga tahitanga a Ngāi Māori me te Karauna i te tau 2011.  Ki tā mātau titiro, kua tekau tau pea te tureiti o ngā whakaaro nei, ā, kāore i te hāngai ki ngā momo mahinga tahitanga o nā tata nei. He pai anō ngā rōpū tohutohu, engari kei te aro a Ngāi Māori me te Karauna ki huarahi kē i muri mai i ngā whakataunga Tiriti a ngā iwi. Kua ara kē mai he huarahi kē mō te mahi tahi i te ao pakihi, i te ao toko ora hoki.
  4. Ko te raruraru tuatoru, ko te whāiti o te titiro ki te wāhi ki a Ngāi Māori me te wāhi hoki ki te Karauna. Ka kīia a Ngāi Māori he kaitiaki, ā, ka kīia te Karauna he kaiwhakahaere rawa e hanga koretake nei te hanga. He tamariki rawa tēnei. He nui anō ngā pānga a Ngāi Māori kāore i te hāngai ki te oranga o te taiao me ngā tikanga Māori i ngā wā katoa – he pērā hoki te Karauna, arā he maha ōna pānga, ā, kāore i hapa rawa āna mahi i ngā wā katoa. Kāore ēnei āhuatanga i te āta kōrerotia.

He Kupu Tāpiri

Ko te Roa me te Mārama – he 250 whārangi, he mārama ngā kōrero

  1. Kāore tēnei pūrongo i te 1,000 whārangi (ko te kupu pōhēhē tērā ate hunga pāho). He rua kē ngā pūrongo. Ko tētahi, he kōrero poto kei te 250 whārangi; ko te whānuitanga, kei te 700 whārangi. E rua, e rua ka aro ki ngā kaupapa e waru kua huaina ake nei.  E iwa ngā whakarāpopoto (e 2 whārangi te roa), ā, ka taea ēnei te pānui i te hāora. I pānui mātau i te pūrongo e 250 whārangi te roa hei kaupapa mō ngā kōrero nei. He mārama tonu ngā kōrero, me te pai hoki o ngā whakaahua.  Heoi, tērā ētahi kōrero e whāiti nei te hanga, he pai kē atu pea me i waiho mō te whānuitanga. Kei te āhua 100 whārangi ēnei kōrero, hei tā mātau. Nā konei pea i kī ai te Kāwanatanga taihoa ia ka āta pānui i ngā kōrero nei.

Te Roa kia Whakaputahia mai

  1. Ki tā mātau, kei te taha whakahaere o Te Rōpū Whakamana te take i 20 tau te roa mō te whakaputanga o tēnei pūrongo, kaua i te tahamaha o ngā kaupapa i arohia. Ka mea Te Rōpū Whakamana, he aronga nōna ki ētahi kerēme kē.

Te Whānui o te Titiro

  1. I ngā kōrero o runga nei i mea ai mātau kāore i te tino hāngai ngā wāhanga e waru ki a rātau anō. Ko te wāhanga ki te reo Māori te wāhanga e tino rerekē nei te hanga. Tuatahi, he rerekē te momo tātari i tēnei wāhanga (arā he kaha kē atu te whakamahi tatauranga i konei, kāore i wāhanga kē).  Tuarua, he taimaha kē atu te whiu kōrero i konei, kāore tēnei i te tika ki tētahi pūrongo e mea ana ki te whakanoho kaupapa mō te ao hou.

He Ruku atu ki ngā Wāhanga

  1. E whakaaro ana mātau mehemea ka rukua atu ngā wāhanga e waru o tēnei pūrongo hei ngā wiki e heke mai nei. Mā koutou e whakamōhio mai he pēhea ō koutou whakaaro mā te tuku ī-mēra mai.

 

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