Treaty-based policies – the Waitangi Day Challenge

With Waitangi Day coming up, improving on our Treaty-based policies is the challenge.

The historical travesty of  Treaty breaches by the Crown, racism and the intergenerational impacts are widely acknowledged in Aotearoa. Remediation requires strong policies to support Kaupapa Māori initiatives and if you’re a mainstream agency, policies to guide your agency’s commitment to equitable social and health outcomes for Māori and eliminate racism.

Treaty-based policies – the Policy Place approach

In a previous post, we outlined the Principles of Te Tiriti o Waitangi from the Waitangi Tribunal in its Hauora Report.  At the Policy Place, we use these principles along with compliance criteria to inform policy content for our online members and for our reviews and updates of members’ policies.

Contact us about joining our online policy service if you like the idea of having your policies reviewed and updated.

If, you prefer the DIY approach, we suggest you apply these principles when developing, reviewing and updating your organisation’s policies and procedures.

Treaty-based policies for health and disability services

If you’re a health and disability agency, policy content has to answer the criteria in Ngā Paerewa Health and Disability Standard 8134:2021.  Criteria outlined in Outcome 1: Our rights are important in this regard, including the requirements for services to:

  • Embed and enact Te Tiriti o Waitangi across the organisation and its work (1.1.1)
  • Cultural safety (1.1.2)
  • Be Māori-centred to support equitable outcomes (1.1.4)
  • Recognise Māori mana motuhake (1.3.5)
  • Promote an environment in which it is safe to ask the question ‘how is institutional and systemic racism acting here?” (1.5.5).

Social Sector Accreditation Standards (Level 2) 

If you’re an agency funded by the ministries of Social Development or Justice or by Corrections and are subject to Level 2 of the Social Sector Accreditation Standards, different but far less onerous criteria apply to meet the expected standard of Cultural Competence. The criteria aim at culturally appropriate services. They do not necessitate the assessments and interrogation of self and system prescribed by Ngā Paerewa.

But why not aim for this higher standard, the stronger criteria?  That’s the approach we take at the Policy Place. The disparities between Māori and non-Māori in areas like income, housing, justice, and prisons are, after all, comparable to those that exist in the health and disability areas.

Treaty-based policies in action

Treaty-based policies are a good start. But they are not enough. Action is needed.

A plan to guide how policy implementation can help. It’s also a requirement of Ngā Paerewa.

Many of our members have their own plans. But for those who don’t, the Policy Place provides a template they can use to plan steps to implement their Treaty-based policies and address other inequities.

For Waitangi Day, we urge members to review their plans and the progress they have made with them. Compile and keep the evidence and outcomes of review for audit purposes. Make adjustments based on what data tells you about the outcomes your service is achieving, client/patient feedback about their experiences and rates of access and usage of your agency,

How we can help

Compliance is a big job especially if it’s part of a management role that demands your attention on so many other things. We can help with that – imagine your life without the worry of ongoing reviews and updates of your policies and procedures!

Contact us at the Policy Place to talk about your policy needs and how we can support you.

Legislative compliance – we have you covered

Conveys that there are a number of issues involved with legislative compliance evoke that

Have you been asked about a legislative compliance policy?

If you’re an online policy member with the Policy Place, you can relax. We’ve got you covered.

All our policies are based on the law and we review them by reference to the law and regulations. If and when legislation changes, we review and update any affected policy.

We don’t just say we’ll comply with the law via a legislative compliance policy. We have the processes in place to do it. Here’s how.

Legislative compliance during policy development

The Policy Place brings a mix of skills to support legislative compliance of its policies.

We research the law, Te Tiriti o Waitangi/ the Treaty of Waitangi, regulations, accreditation and auditing standards to identify if a policy is needed and what it must address. Although we have hundreds of policies in our policy library, gaps still emerge. Recently, for example, in response to a request from a member, we developed a policy on Remuneration of Board members/ Trustees.

Monitoring for legislative compliance

We monitor the passage of new and amending legislation so our members have the policies they need before new legislation commences. As examples, we recently updated members’ online policies in response to the Fair Pay Agreement Act 2022  and the commencement of the Protected Disclosures (Protection of Whistleblowers) Act 2022.

Other sources of potential change that we monitor are Treaty jurisprudence and decisions of the Employment Relations Authority.

Review and updating of policies

We review and update our members’ policies based on a two-yearly schedule. As part of this, we review the law, Treaty and other jurisprudence, regulations, and auditing criteria that apply to the policies being reviewed.

A broad approach

Legislative compliance requires a balancing of multiple concerns

Typically, a legislative compliance policy lists the main legislation, regulations and rules that an organisation has to stay on top of.  But this is a narrow approach.

By contrast, at the Policy Place we aim for policies that comply with the law and regulations and with Te Tiriti o Waitangi -as a founding document of Aotearoa. We also consider International Instruments like:

Want help with your policies?

Keeping up with the law, regulations and other changes can be time-consuming, especially for already-busy HR and operational managers. Let us help – we want to lighten your load.

Contact the Policy Place 0224066554

Fraud and corruption – not my problem (or 🤔)?

Conveys that there are a number of issues involved with legislative compliance evoke that

At the Policy Place, we’ve just finished reviewing and updating the Fraud and Corruption policy as part of our cyclical review of our online Financial and Property Management policy pages.  

Sometimes, people think they don’t need a Fraud and Corruption policy. But they are mistaken.

Yes, we want to think the best of the people we work with. But that doesn’t mean we should bury our heads in the sand.

Policy and procedures that guide how your organisation prevents, detects and responds to fraud and corruption are a must!  Policy and procedures to prevent and respond to fraud and corruption are also criteria for accreditation and auditing under the Ngā Paerewa Health and Disability Standard, the Social Sector Accreditation Standards and Community Housing Performance Standards and Guidelines.

Here’s some ideas about what to cover in your policy and procedures.

Prevention of fraud and corruption

Training and information for staff on how to report concern about fraud is a key requirement. Staff also need to know that they will not penalised for reporting and if applicable, that they have Whistleblower protection.

Risks and mitigations

Think through the risks – what parts and dynamics of your operation are vulnerable to fraud and corruption and what processes help to mitigate the risks. Here’s some examples of corruption risks and how these might be mitigated.

CORRUPTION RISK  CONTROL EXAMPLES
BRIBERY
Bribery by gifts and other inducements aimed at influencing decisions.
  • Monthly reporting
  • Koha and donations
  • Gifts Register
CONFLICT OF INTEREST
Conflicts of interest may lead to favouritism and preferential treatment in procurement and other areas.
  • Conflict of Interest policy and Register
  • Related Transactions reporting
DISHONEST OR CORRUPT DEALING WITH ASSETS
Assets, including intellectual property and confidential information, may be disposed of or improperly dealt with for personal gain.
  • Privacy and Confidentiality policy
  • Asset management policy and processes (eg Asset Management Register.)

Reporting process

Identify and make sure everyone knows how to report concerns about fraud and corruption.  It’s important in this regard that the process applies for everyone in the organisation, including the CE, managers and board/governance.

The process should include when allegations will be reported to Police, investigation of concerns, rights of those being investigated and protections for those who report.

Through training and information, people should be made aware they should provide detail when reporting, but that they must not undertake an investigation themselves.

Wanting help?

If you’re worried you’re not covered or if you’d like to know more about our online policies that we keep updated and reviewed for our members, get in touch.

Contact the Policy Place 0224066554

Contractor or Employee – what’s the difference?

The recent Uber court decision may revolutionise the use of contractors in the workforce

The NZ Employment Court’s decision (Uber case) issued 25 October 2022 is likely to have some big ramifications for the workforce. 

Social service, health and community agencies and iwi, Māori services, subject to Social Sector Accreditation and Health and Disability Standards, may be affected.

Contractor versus Employee – why does it matter?

The case concerned the difference between an employee relationship and independent contractor. It involved four Uber drivers claiming that they were employees and were therefore entitled to minimum statutory entitlements like sick pay and paid holidays.

The difference between an employee and contractor has long been a challenging and contested issue. It has particularly important ramifications today given more use of remote working and a labour shortage in Aotearoa/NZ that is associated with more use of independent contracting.

The issue of contracting versus employment status also has pressing justice implications. Independent contracting can exploit and compound the disadvantages and hardship experienced by vulnerable populations, such as migrants and refugees. These groups may be most in need of statutory employment protections and entitlements. Yet, if they are unfamiliar with our law they may be more likely to enter contractual relationships that remove these entitlements from them.

The Court’s approach

The Uber case was about the status of the four Uber drivers. The court focused on the nature of the relationship between Uber and the drivers (as required under sections 6 (2) and (3) of the Employment Relations Act 2000.)

While the drivers claimed an employment relationship, Uber argued it was an intermediary platform that facilitated a contractual relationship between its drivers and those providing or wanting a service. The Court found against Uber because of evidence showing the company had a high degree of control over the drivers. Although the control was less direct and had a different look and feel from the more classic employment relationship, the Court found Uber’s ability to control the drivers was just as strong. The technology they used did not take the control away. Rather, it helped the company exert control in a myriad of ways.

Implications

The Employment Court clarified that this case was about the employment status of the four Uber drivers. It was not a declaration about the status of all Uber drivers. However, it will clearly have ramifications for Uber.

It may well have implications in other areas. At the Policy Place, for example, we work with organisations in service industry where it is not uncommon for facilitators, carers, advisors and counsellors to be engaged as independent contractors.

Time for review

Organisations should review use and status of contractors

Review use of contractors

In the wake of the Uber case, it may be timely to review and rethink contracting arrangements. Be open-minded and think carefully about the role undertaken by a contractor – how much control they have over when and how they do their mahi/work, who benefits, whether they can grow and diversify and who controls things like pricing and performance.

Be wary of assumptions and keep in mind that:

  • A contract that states a person is not an employee will not be the end of the matter. You can’t simply contract out of the Employment Relations Act 2000.
  • A person can work for more than one organisation and still be an employee. As the Court noted in the Uber case, many workers these days work for multiple employers juggling part-time work.
  • Flexibility and choice can be part of working as a contractor or employee. A casual employee can work variable hours as much as an independent contractor. With flexible and remote work these days, many even in full-time work can set and vary their own hours
  • Although it’s more typical for a contractor than an employee to use their own tools and assets like a car, device and phone for work, this won’t be determinative. It can be a strong sign of the degree of inequality and control that one party has over the other ie that the party in control can move their costs and liabilities to the other party
  • There is more mana and justice in contractual relationships that are based on informed agreement. If a person is unfamiliar with reading English and contracts, support them to obtain information and advice about the type of arrangement they want to enter – a contracting or employment relationship.

Alcohol and drug use at work – Top Tips

Alcohol and drug use at work can be hazardous.  At the Policy Place we address alcohol and drug use with policy and procedure aimed at preventing and mitigating the risks.
Our alcohol and drug policy is part of our health and safety policy suite. As part of our online policy service it links easily to relevant HR policies concerned with disciplinary actions.  This is important because alcohol and drug use can be dealt with under the umbrella of bread and butter HR of performance issues.
The Alcohol and Drug Foundation has some great tips on effective alcohol and drug policies.
Here’s some more from us.

1. Prevention

Policy requirements with a focus on preventing risks associated with alcohol and drug use can include the following:

Information

Management ensures staff are informed about the risks of consuming alcohol and drugs.

Even with out-of-hours consumption there are risks. Hangover, for example, can mean poor concentration, carelessness on the job, fatigue, risky behaviour leading to injuries and fatalities. A staff member/kaimahi who is known to drink excessively or consume drugs at or outside of work also risks the reputation, credibility and trust the community has in the organisation.

Encourage self-management

Provision for:

  • staff to self-manage for the effects of their alcohol and drug use on their work
  • all staff to be alert to the risks posed by themselves and their colleagues from alcohol and drug use
  • voluntary disclosure to management by staff if they are concerned about their alcohol and drug use and its effect on their ability to work safely.

2. Respect rights

Respect human rights, including the rights to dignity and to not be subjected to search and seizure.
An alcohol and drug policy does not have to provide for alcohol and drug testing. Remember that testing is invasive. If you’re going to provide for testing in a policy then put clear limits around it.
Generally, in law, there have to be good grounds for search and seizure.  The workplace should be no different. There should be good grounds for testing (eg person can’t focus; a car accident) and testing may only be done with a person’s consent.

3. Rehabilitation

Even if it is decided that an employee should be summarily dismissed, an alcohol and drug policy should encourage a supportive approach to staff.
Staff should be given relevant information and encouraged to access the support they need (eg Whare Tukutuku). Strategies such as time off for recovery,  counselling, flexible working, check-ins, and monitoring performance might be considered and agreed to help staff with rehabilitation.

Contact us

Contact the Policy Place 0224066554

The Tikanga Revolution – get in the waka now!

Matariki is a Māori tradition. Māori is on a sign held up proudly by a group of children.

Tikanga Māori is applicable in NZ courts and equally, applicable to kaupapa Māori and generalist social, health and education services.

In our last post, we outlined the treatment of tikanga in Ngāti Whātua Orākei Trust v Attorney General – a Treaty-settlement case. In this post, we look at the Supreme Court’s treatment of tikanga in Ellis v The King and how it might be relevant to the delivery and dispute processes in social, health and education agencies.

Ellis v The King

Winkelmann CJ delivering decision in Ellis v The King

Winkelmann CJ in Ellis v The King

Ellis v The King was an appeal to the Supreme Court against criminal conviction.  The case had a 30- year, highly contentious history in Aotearoa.  The Appellant passed away in 2019 after the Court had granted him leave to appeal but before the appeal was heard.  An important first issue for the Court was therefore whether it should allow the appeal to continue posthumously.

The majority of judges (Winkelmann CJ, Glazebrook & Williams JJ) held that the appeal should continue. Their reasoning differed but all agreed that tikanga was relevant to the issue. They were assisted in their decision by a Statement of Tikanga that was agreed by parties through a wānanga involving Mātanga/experts in tīkanga.

Takeaways 

To add to the observations made by the court in the Ngati Whatua case, here’s some of what the judges in the majority had to say about tikanga:

  1. Tikanga Māori refers to the values, standards, principles and norms that shape what Māori consider as the right and just way of doing things (Statement of Tikanga). It is not therefore just about rules. It’s also about giving practical effect to the principles.
  2. Tikanga should be respected and protected as a “system of law and custom in its own right.“(para 22) It was the first law of Aotearoa and continues to influence and regulate Māori lives. It is embedded in our culture and society and a unique component of our regulatory and statutory systems.
  3. How tikanga applies in a situation depends on the context. As noted previously, the context may be iwi and hapū specific or, as in Ellis, involve issues that are significant to both the justice system and tikanga.
  4. Tikanga is likely to be of more relevance and given most weight in a Te Ao Māori context where people expect tīkanga to be a controlling factor. In other situations, where different rules and principles apply, tikanga may be one of a number of considerations.
  5. When “what is the tīkanga” is in issue, it should be decided from a place of knowledge. In Ellis, the court was advised by an agreed Statement of Tikanga prepared by experts. Other options could be to consult with Māori stakeholders; convene a stakeholder hui; refer to authoritative texts and resources like Waitangi Tribunal reports and tikanga best practice guidelines.
  6. Tikanga can apply generally – ie not only to Māori and kaupapa Māori services but also to Pakeha and mainstream disputes and activities.  In Ellis there was no evidence that either the appellant or the complainants were Māori.  In a similar way, section 5 of the Oranga Tamariki Act makes concepts of mana, whakapapa and whanaungatanga applicable to Māori and non-Maori.

Relevance to social, health, education services

Under the Social Sector Accreditation Standards, Ngā Parewa Health and Disability Standard and Te Tiriti o Waitangi, the same recognition and respect for tikanga is expected of social, health, disability and education agencies.

Just how tikanga can be incorporated into service delivery will depend on the particular service context. Expert advice might be obtained, for example, about how manaakitanga can shape the support and delivery of services from the point of a client/whānau referral.

In Ellis, the experts advised and the Court agreed that the tikanga principles of whanaungatanga, whakapapa, mana and ea were relevant to the issue to be decided by the court. By analogy, these same concepts might guide the way in which health, disability, social and education agencies deal with complaints, adverse events, grievances, bullying, harassment and disputes.

Join the Waka

Contact the Policy Place 0224066554

Call us now

The tikanga journey is fast-moving with exciting developments. It’s important to stay up with it, get educated, advised and to open up to doing things in a tika way.

Here, at the Policy Place, we are keen to be part of the tikanga revolution and to tautoko our clients in the waka of change.

Contact us if you want help with your policies and procedures.

3 policy tips for your Governance/management relationship

A good governance/management relationship is important to an organisation.

Policies and procedures are vital to good governance in organisations and to a strong Governance/management relationship that is grounded in good faith. 

Like any relationship in the workplace, expectations on both sides – Governance and management – need to be clearly articulated in policies. Processes are also needed to support the relationship and to guide what happens when the relationship is not going so well.

Governance/management is important

The importance of a healthy Governance/Management relationship is recognised by most accreditation systems. The Social Sector Accreditation Standards and Ngā Parewa Health and Disability Standard, for example, both require evidence of strong governance/management of services.

Three ways your policies and procedures can support the Governance/management relationship are through:

  • Management delegation
  • Oversight processes
  • Governance parameters.

Management delegation 

A delegation basically gives a Manager/Kaiwahakahaere a green light for what they can do and the decisions they can make.

A delegation is usually written and will formally authorise a Kaiwhakahaere to exercise certain responsibilities. But it can take different forms.

In the Policy Place online service, we have a policy page specifically addressing management delegation. Alternatively, a letter of delegation can be used.

Sometimes, a management delegation can be framed around limits. By outlining what a Manager/Kaiwahakahaere must not do, the delegation establishes the scope of what they can do. Or, as we do at the Policy Place, a delegation can signpost operational responsibilities in areas like human resources, finances, contracts and funding.

Whatever the form or style of delegation, the crux is to ensure that management can do their job and make the decisions that are necessary for the effective and efficient running of the organisation.

Oversight and support

The role of Kaiwhakahaere/Manager is the main means by which Governance keeps informed about the organisation.

Organisational performance is integrally tied to the performance of management. It is through oversight of the Manager/Kaiwhakahaere that Governance gains an understanding of organisational performance and progress towards strategic goals.

To support this oversight, policies and processes  should prescribe reporting to Governance about matters like:

  • the financial status of the organisation
  • achievement of milestones, including contractual obligations
  • risk management
  • staffing
  • health and safety
  • other issues of importance to the Governance role.

With this information provided on a regular basis, Governance can therefore stay updated about organisational performance and informed about what, if any, additional support or changes are needed to address risks, issues and to make the most of opportunities. It will also be enabled to respond in a timely way if performance issues are indicated, either with management or the organisation.

Board parameters

Just as it’s important for the Kaiwhakahaere to know their delegated responsibilities, Governance also needs to be clear on its scope of authority.

At the Policy Place we address scope through online governance policies covering issues like:

 

  • Key responsibilities of a Board/Management Committee or Collective – eg strategic planning, financial oversight, health and safety etc.
  • Policy management – covering Governance versus management responsibility for operational policies
  • Governance/management communication including who is authorised to speak for Governance, responsibility for liaison with management; notification of significant events (eg adverse incident).
  • Management employment issues  – the recruitment, appointment, remuneration and performance reviews of the Kaiwhakahaere/Manager.

Governance/management policies and procedures

Wanting policies about good governance and to support the Governance/management relationship in your agency?

Contact us at the Policy Place – Book your obligation-free consult or email or phone us. We would love to hear from you😊.

 

Good governance policies and procedures

A good governance scenario of people sitting discussing around the table.itting around the table

So you’re on a Board of Trustees and want to achieve “good governance”. But you don’t know where your role as a Trustee starts and finishes nor how you should relate to the Manager/Kaiwhakahaere?

Tricky governance issues but nothing that some good policies and procedures can’t fix.

Governance policies

At the Policy Place we are often working on governance policies. They are essential for our online members who are subject to Social Sector Accreditation Standards and the Ngā Paerewa Health and disability services Standard.

Our members are typically on boards on a voluntary basis, holding full-time jobs at the same time. They can be responsible for administering extensive budgets, a large number of staff and the delivery of a range of human services in areas like health, education and social services.

Good governance policies and procedures are, therefore, crucial to helping them fulfill their governance responsibilities.

What’s good governance about?

Good governance is typically characterised in terms of eight or nine characteristics:

Participatory – provides opportunity to people to have a voice and express their opinion.

Legally compliant – works within their Constitution or Trust Deed and the legal/regulatory framework including the Treaty of Waitangi, Employment and Human rights law.

Transparency – makes decisions and approves policies and procedures in a transparent way. Governance processes and records are accessible.

Responsive – processes and decisions consider and respond to the community of stakeholders the Board/Trust is set up to serve and to changes in the regulatory environment.

Consensus-oriented – governance decision-making ideally reflects a consensus approach at least as a first effort. Decisions should be acceptable to the community the organisation serves.

Equitable and inclusive –  people are treated fairly and barriers to participation in governance are proactively addressed.

Effective – governance decisions should be informed and aim to be effective and efficient.

Accountability – governance members are prepared to be responsible and accountable to their community and stakeholders and are prepared to discuss the reasons for their decisions.

These principles are more relevant to the performance of a board or Trust.  They are important but not all of what’s needed.

Other things that are important for policies and procedures include:

  • Declaration and management of conflicts of interest
  • Delegations
  • Board and  Kaiwhakahaere relationship
  • Subcommittees
  • Board Roles and Responsibilities in areas like health and safety and financial management.
  • Conflict and Dispute Resolution
  • Board Expenses/Remuneration.

Are you OVER policies and procedures?

Contact the Policy Place 0224066554

Did you know that the Policy Place provides policies and procedures online so you and your staff can access them 24/7?  And not just that. There are options to customise the policies yourself while we keep the core content of policies updated.

So… why not let go of the worry and stress of having to update your policies.

Contact us to join our online policy service.

 

Privacy policy – time for review and update

Image with red graffiti with sign in front saying we respect your privacy

At the Policy Place we’ve just finished reviewing and updating the core content of our online privacy policy pages.  The policy content is aimed at helping our members comply with the Privacy Act 2020 and if they are a health agency, the Health Information Privacy Code 2020.

We review and update core policies regularly based on a 2- year cycle. We let our members know beforehand and invite their feedback on the policies that are scheduled for review. Using their feedback and reviewing legislation and relevant developments, such as the commencement in February 2022 of Ngā Paerewa Health and Disability Standard, we then review and update the policies.

It doesn’t seem that long ago that we drafted the policy content to reflect the content of NZ’s new Privacy Act 2020, which commenced in December 2020. Now, with nearly 2 years of the new legislation under our belt, we’ve been able to review and update the policy content with the benefit of good working knowledge.

So what’s remained the same and what’s changed through the policy review process?

Privacy Policy topics

We’ve continued to address privacy in terms of 4 main “chunks” or pages:

  • Protection of privacy – which covers obligations relating to collecting, using, accessing and correction of personal information.
  • Information safeguards- dealing with operational and electronic basics to protect personal information.
  • Information-sharing – outlines general rules like getting a person’s consent to sharing personal information before you do it as well as law allowing an agency to share a person’s health or other personal information without their consent
  • Managing privacy breaches – which includes notifying the Privacy Commissioner and affected people of any breach which causes or could have caused serious harm.

Each of the pages include a Helpful Links section that enable easy movement across pages and to relevant sites like the Office of the Privacy Commissioner.

Privacy policy updates – what’s different

Shorter and more succinct

We treat reviews as opportunities to improve on what we’ve done previously.

With most of our members having a strong operational focus and few opportunities to read and digest a lot of text, we’ve taken the chance to edit the pages to make them more succinct and get rid of “fluff” like duplication.

Guidance on disclosing personal information for health and safety reasons

A key change our members will see is to the Information-sharing page.

We’ve updated the page to reflect the case law arising out of two High Court judgements issued in 2021 (Te Pou Matakana Limited v Attorney-General judicial review (No 1) [2021] NZHC 2942 and (No 2) [2021] NZHC 3319

These considered the Ministry of Health’s decisions declining requests for vaccination status information of Māori in Te Ika a Maui from Te Pou Matakana Limited (trading as Whānau Ora Commissioning Agency (WOCA)).

From these decisions, we’ve updated the Information-Sharing page to include the following:

Disclosure of health information may be allowed if it’s needed for health and safety purposes. The statutory wording of “necessary” doesn’t involve a higher bar.

When considering whether to disclose personal/health information concerning tangata Māori, in addition to the above, Tīkanga Māori and the principles of Te Tiriti o Waitangi should be considered. While personal data may be a taonga protected under Te Tiriti of Waitangi, when disclosure of health information is needed to improve health outcomes for Māori, the “highly prized” taonga of life and health will win out. Treaty principles such as the principle of options will also be relevant because sharing of personal/health information can be a vital resource for a kaupapa Māori service to do its mahi with tangata Māori.

Court views on Tīkanga Māori for your policies and procedures

It’s Matariki and on Friday, we in Aotearoa/NZ are looking forward to the first public holiday held to celebrate Matariki.  Matariki marks the beginning of the Māori New Year. 

Matariki provides opportunity for organisations to put your policies and procedures to respect tikanga Māori into action.

With Matariki upon us, I thought it was a good time to look at the recent findings of the High Court about tikanga Māori in Ngāti Whātua Orākei Trust v Attorney General. The case involved a dispute over the mana whenua claim of Ngāti Whātua Orākei to central Auckland in the context of a Treaty settlement claim.

Court findings about Tikanga

Matariki is a Māori tradition. Māori is on a sign held up proudly by a group of children.

The case involved an extensive discussion by the Court about tikanga and how it should be applied as part of the law. The discussion is relevant to how we put our workplace policy commitments to respect tikanga Māori into action. The Court found that:

  1. Tikanga describes a set of mutually reinforcing and interlocking values or principles that guide what is “tika” or right in a situation. It reflects the interconnections of land, wairua/spiritua world and people – mana atua, mana whenua and mana tangata. (See decision at p121)
  2. Citing the Waitangi Tribunal, the Court accepted that tikanga is fundamental to iwi, hapū identity  (at p121).  It is developed by iwi and hapū and guides the exercise of rangatiratanga.
  3. Because it is linked to hapū and iwi identity, tikanga is not a universally agreed law or protocol applicable to all areas/rohe.
  4. As accepted by a range of experts in the case, there are some core principles or guidelines about tika that are accepted across Maoridom.  Acknowledgement of Matariki is one example, Tangihanga would be another. How these are applied and practised though may well vary across iwi.
  5. Tikanga evolves and changes over time as circumstances change. It is a “way of life” not easily reducible to oral or written word. (Court citing Dr Te Kahautu Meredith, p123).
  6. Tikanga was the first law of Aotearoa, an expression of  Tino Rangatatiratanga of iwi, hapū.
  7. Tikanga is a “free-standing” legal framework. In the Court’s view, it is the most appropriate form of law to apply to inter-iwi disputes. It held that neither the Crown nor parliament determines mana whenua or ahi kā. The relevant tikanga should be decided on by the iwi and hapū involved in the dispute.

Tikanga for your policies and procedures

Recognition and respect for tikanga is a Treaty of Waitangi obligation. Article 2 of the Treaty.

It’s also a requirement of the Health and Disability Standards and the Social Sector Accreditation Standards along with recognition and respect for our national language – Te Reo Māori.

Respect and promotion of tikanga Māori should therefore be a key part of policies and procedures for  social, community and health services.

With Matariki upon us, it’s a great time to put your policy of supporting  Tīkanga Māori into action in your workplace.  This could involve:

  • supporting local marae events
  • consulting with kaumatua, kuia about the whakapapa of Matariki in your rohe
  • following up on some of the great ideas proposed here.

For more about Matariki and what it means check out these resources: