COM301 : Writing for a purpose : The Principles of the Treaty of Waita

Introduction:

The Treaty of Waitangi was signed in 1840. The principles of the Treaty of Waitangi hold fundamental relevance to New Zealand society, influencing existing social governance. The principles of the Treaty provide a background upon which many New Zealand laws are framed. Clements (2016) engages that the primary principals are referred to as the three “Ps” – participation, partnership, and protection. Besides, other principles brought forth by the Waitangi Tribunal include the principles of good faith and mutual exchange between the Crown and the M?ori, and the principle of options based on personal choice. Subsequently, the Waitangi Tribunal has accommodated the principles of development regarding technologies and resources, and consultation between the Crown and indigenous M?ori communities on social development (Hayward, 2004). They provide a legal reference point for various cases continuously experienced in the nation.

Thesis: The Principles of the Treaty of Waitangi are relevant to New Zealand society, providing a framework through which indigenous M?ori can seek legal redress/guidance concerning Crown practices or policy.

The Principles of the Treaty of Waitangi

The Treaty of Waitangi purposefully focuses on enabling peaceful co-existence and socialization between the British settler populations and the M?ori people. It entails “a common set of laws or agreements (Henare, 2011). The Treaty aimed to protect the rights of M?ori to keep their land, forests, fisheries and treasures while handing over sovereignty to the English” (“Treaty of Waitangi Te Tiriti o Waitangi”). The Treaty of Waitangi is the foundation of New Zealand law, recognizing the rights, freedoms, and privileges of the indigenous M?ori communities (Hayward & Wheen, 2016). It governs and establishes conditions that ensure the governance and establishment of laws that are ‘in the interest of all New Zealanders” (“Treaty of Waitangi Te Tiriti o Waitangi”). It protects M?ori cultural heritage, while giving the Crown the right to enhance British settlements. Under the Treaty’s guidance, subsequent laws are enacted that focus on protecting the interests of both indigenous M?ori and settler populations under Crown law.

The Principles of the Treaty of Waitangi are binding to all New Zealand citizens. The three “Ps” – participation, partnership, and protection pay attention to continuous social cohesions. They are contextualized under the Treaty of Waitangi Act 1975 and all subsequent laws governing the nation. The principles play an important role during in the formation of various new laws, within Waitangi Tribunal findings, a government statement (in 1989), and various court cases (McHugh, 2008). The Waitangi Tribunal, was established by the Treaty of Waitangi Act 1975. It provides a legal avenue through which M?ori communities can get legal guidance and counsel concerning Crown practices or policies they deem contradictory to the guiding principles of the Treaty.

Relevance to New Zealand society

The Treaty of Waitangi provides the foundation for all cases and disputes between the indigenous communities and settler society. The principles are vital to ensuring peace and security, positive co-existence, and fruitful partnerships between the indigenous M?ori communities and settlers (“Principles for Crown Action on the Treaty of Waitangi, 1989”). “The treaty is deemed to bind M?ori and P?keh? New Zealanders in a partnership in which they must act reasonably and with utmost good faith” (Hayward, 2012). The principles act as a guide to both the legal and social aspects of governance. They focus on ensuring the realization of all-inclusive participation, based on social partnerships that focus on protecting the New Zealand society as a whole.

The Principles of the Treaty of Waitangi hold great relevance to New Zealand society. The three principles “Ps” provide the foundational basis upon which indigenous M?ori can positively co-exist and interact with P?keh? New Zealanders (“Principles of the Treaty: The Waitangi Tribunal and Treaty principles”) (Crocket, 2009). The three principles of participation, partnership, and protection “underpin the relationship between the Government and M?ori under the Treaty of Waitangi. These principles are derived from the underlying tenets of the Treaty. They are used to bridge the gap between the literal differences between the M?ori and English texts” (Clements 2016). The Treaty of Waitangi, in both English and M?ori translation, focuses on enabling better social engagements between the culturally different population groups currently inhabiting the Pacific Island nation.

The Treaty of Waitangi, provides the foundation for the Treaty of Waitangi Act 1975, upon which the Waitangi Tribunal is established. “In order to apply the treaty in a context relevant to the Crown and M?ori in the present day, the Waitangi Tribunal and the courts have considered the broad sentiments, intentions and goals of the treaty, and identified its principles on a case-by-case basis” (Hayward, 2012). Gradually, a number of the principles have become legally established, with others developing over time. The tribunal helps indigenous M?ori people to claim redress or guidance about one or more Crown practices or policies that are or were inconsistent with the three principles of the treaty (Kingi, 2007). Concerns revolve around land and fisheries disputes, cultural tolerance and inclusion, natural resource use and development, and inclusion in policy-making.

The Waitangi Tribunal has over time helped develop and enhance public understanding of other vital treaty principles. For example, the principles of good faith and partnership are fundamentally linked to the principle of exchange. Both the Crown and the M?ori are required to act with utmost good faith and reasonably. The Crown has a fiduciary duty regarding decision-making around energy and radio broadcasting assets. The principle of development is applied to technology use and resource development, with the consultation principle ensuring all-inclusive negotiations for the betterment of the society. However, some of the principles still prove quite controversial, requiring the important input of the Waitangi Tribunal (Palmer, 2008). An example is the context where Indigenous M?ori also have a right to pursue personal choices, provided under the principle of options.

Conclusion:

The Principles of the Treaty of Waitangi are relevant to New Zealand society, providing a framework through which indigenous M?ori can seek legal redress/guidance concerning Crown practices or policy. The Principles of the Treaty of Waitangi are binding to all New Zealand citizens, based on the three “Ps” – participation, partnership, and protection. The Waitangi Tribunal has over time helped develop and enhance public understanding of other vital treaty principles. The principles of good faith and partnership are fundamentally linked to the principle of exchange, with both the Crown and the M?ori required to act with utmost good faith and reasonably. The principle of options presents a legal foundation for choice-making, with the principle of consultation crucial to positive social development.

References:

Clements, A. (2016). “Te Tiriti o Waitangi – living the values.” School News. Retrieved (Oct. 10, 2018) https://www.schoolnews.co.nz/2016/11/te-tiriti-o-waitangi-living-the-values/

Crocket, A. (2009). Interpreting “partnership” as a core value: Some implications of the Treaty of Waitangi for the NZAC Code of Ethics. New Zealand Journal of Counselling, 29(2), 61-72.

Hayward, J., & Wheen, N. (2016). The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi. Bridget Williams Books.

Hayward, J. (2004). “Flowing from the Treaty’s words: the principles of the Treaty of Waitangi.” In The Waitangi Tribunal: Te Roopu Whakamana i te Tiriti o Waitangi, edited by Janine Hayward and Nicola Wheen, (pp. 29–40). Wellington: Bridget Williams Books.

Hayward, J. (2012). “Principles of the Treaty of Waitangi – ng? m?t?pono o te tiriti', Te Ara” - The Encyclopedia of New Zealand. Retrieved (Oct. 10, 2018) https://www.TeAra.govt.nz/en/principles-of-the-treaty-of-waitangi-nga-matapono-o-te-tiriti/print

Henare, M. (2011). Lasting peace and the good life: Economic development and the ‘Te Atanoho’Principle of Te Tiriti o Waitangi. Always speaking’: The Treaty of Waitangi and public policy.

Kingi, T. K. (2007). The Treaty of Waitangi: A framework for Maori health development. New Zealand Journal of Occupational Therapy, 54(1), 4.

McHugh, P.G. (2008). Treaty principles”: constitutional relations inside a conservative jurisprudence. Victoria University Law Review 39(1): 39–72.

Palmer, M. (2008). The Treaty of Waitangi in New Zealand’s law and constitution. Wellington: Victoria University Press.