Te Tiriti o Waitangi
Protecting Te Reo Māori as “A Forever Language”
Introduction
Te Reo Māori, the Māori language, is a cornerstone of our cultural heritage as a country. It is not just a means of communication but a vital expression of identity, history, and community for Māori.
However, the journey of Te Reo Māori has been and continues to be held back by racist approaches that have ranged from discouragement through to active suppression of the language and punishment for using it.
In this post, we look at the importance of te Reo Māori, successive acknowledgments by the Crown of wrongdoing towards the language, and emphasize the urgent need for all of us to actively protect and promote Te Reo Māori and the place of Te Tiriti o Waitangi in Aotearoa.
The Importance of Te Reo Māori
Te Reo Māori is more than a language; it is a living embodiment of Māori culture and worldview. It carries the stories, traditions, and values of Māori, connecting generations and fostering a sense of belonging. For all New Zealanders, Te Reo Māori enriches our national identity, offering a unique perspective and deepening our understanding of the land we share.
Historical Injustices and Apologies
The Crown’s historical treatment of Te Reo Māori has been marked by neglect and active suppression. The imposition of English schooling (Native Schools Act 1867) with tamariki punished for speaking their first language in school and policies aimed at assimilation prevented use of the language. This caused significant loss of language and cultural erosion.
This is explicitly acknowledged by the Crown in section 6 of Te Ture mō Te Reo Māori Māori Language Act 2016 and has been acknowledged in successive Treaty settlements, for example:
Apology to Moriori: “By the beginning of the twentieth century ta rē (the Moriori language) as a living language had been lost to Moriori and Aotearoa New Zealand. For its failure to actively protect this miheke (taonga), the Crown apologises sincerely.”
Apology to Ngāi Tahu: “The Crown acknowledges that it has failed to act towards Ngāi Tahu reasonably and with the utmost good faith in a manner consistent with the honour of the Crown. This includes the failure to protect the Ngāi Tahu language and culture, leading to significant loss and hardship for the iwi.”
Apology to Tūhoe: “The Crown profoundly regrets its actions which have caused the loss of the Tūhoe language and culture. The Crown acknowledges its failure to protect and promote the use of te reo Tūhoe, contributing to the erosion of Tūhoe identity and heritage.”
Apology to Ngāti Awa: “The Crown profoundly regrets its failure to protect the Māori language and acknowledges the significant impact this has had on Ngāti Awa. The Crown apologises for the loss of te reo Māori and the cultural erosion that resulted from its policies and actions.”
A Call to Action: Protecting Te Reo Māori
The Crown’s apologies are a step towards reconciliation, but as we always know with any apology it must be accompanied by concrete actions to protect and promote Te Reo Māori.
Through the years, the Crown has taken these steps and expressed through legislation and policies its commitment to protecting and promoting Te Reo Māori.
For example, it will “work in partnership with iwi and Māori to continue actively to protect and promote this taonga, the Māori language, for future generations (section 6 of Te Ture mō Te Reo Māori Māori Language Act 2016) and in the Moriori Deed of Settlement – “The Crown is now actively committed to working in partnership with iwi and Māori to continue to protect and promote this taonga, the Māori language, for future generations.”
This path towards reconciliation needs to continue. No New Zealander wants a repeat of historical wrongs.
Yet, as recently found by the Waitangi Tribunal in its report Ngā Mātāpono The Principles, we are now at the point of “Constitutional Crisis”, where not only the use of Te Reo Māori is under threat, but Te Tiriti o Waitangi as the founding document for Aotearoa.
Conclusion
Te Reo Māori is a taonga/treasure. Active protection and promotion of the language is the right of Māori and benefits the entire country. Going backwards is not an option. No New Zealander wants to see a repeat of historical wrongs.
We cannot let this Constitutional Crisis unfold. We all need to take steps to actively protect and promote Te Reo Māori and honour the importance of Te Tiriti o Waitangi.
Ake ake ake – A Forever Language Kia Kaha Te Reo Māori!
Proposal to repeal section 7AA – a BIG Mistake!
The Waitangi Tribunal has just released its Interim Report on the Minister for Children's proposal to introduce a Bill to Parliament to repeal section 7AA of the Oranga Tamariki Act 1989. The Minister's proposal was outlined in a Cabinet paper lodged with the Cabinet Social Outcomes Committee on 27 March.
Reading the Tribunal report, it's clear that there is no sound reason for repealing section 7AA and that no Bill to enact the repeal should be introduced to Parliament.
For those who don't have time to read the Tribunal Report and who want to know what "all the fuss" is about, we outline below "the basics" of the Minister's proposal to repeal along with the Waitangi Tribunal responses. We begin with an outline of section 7AA of the Oranga Tamariki Act.
Section 7 AA
Section 7AA was enacted into NZ law in 2017 along with a number of other reforms. The broad reform aims were to improve outcomes for children in the statutory care and protection and youth justice systems and reduce inequities between Māori and non-Māori in these systems. (See Expert Panel Final Report Investing in New Zealand’s Children and their Families Investing in Children Programme, December 2015)
Section 7AA guides the Chief Executive (CE) of Oranga Tamariki in its duty to give effect to Te Tiriti of Waitangi, particularly in relation to the Treaty obligations concerning partnership, equity and tino rangatiratanaga. Key provisions are that:
- Oranga Tamariki's practices, policies and procedures must have regard to mana tamaiti (tamariki) and the whakapapa of tamariki Māori and to the whanaungatanga responsibilities of their whānau, hapū, and iwi:
- The CE must seek and respond to invitations to enter strategic partnerships with iwi and Māori organisations.
- The CE must report publicly on the fulfilment of their duties under section 7AA including on the impact of the steps they have taken to improve outcomes for Māori.
What the Minister of Children is proposing and the Tribunal's response
The Minister of Children's proposal for legislation to repeal section 7AA rests on a number of suppositions/proposals outlined below.
Proposal
The problem is that tamariki are being moved from stable and loving placement for cultural reasons rather than because of their needs and interests. Section 7AA is the cause.
Tribunal Response
The Tribunal accepted that sometimes wrong decisions can be made. However, no evidence was presented that section 7AA was to blame. The Tribunal and Oranga Tamariki indicated that wrongful removal of children from placements reflects poor social work practice at an individual level.
It's also relevant here that section 7AA is a Pou or cornerstone of the Oranga Tamariki Act 1989. Unlike Parts 2 and 4 of the Act (provisions to guide care and protection and youth justice interventions), section 7AA doesn't guide decisions about the placement of a child.
Proposal
Section 7AA means that a child's best interests are not prioritised in case decisions and are overrode by a "misplaced" concern with cultural identity.
Tribunal Response
This is not true. In fact, evidence presented to the Tribunal indicated the opposite and that s7AA has resulted in material gains for young people in care.
Oranga Tamariki reported that tamariki now have more opportunity to connect with their culture and develop a sense of belonging. This protects against adversity and supports long-term well-being and is in children's best interests.
Te Puni Kōkiri submitted to the Tribunal that children's cultural needs must feature in any "best interests" consideration for a child because addressing cultural needs is essential to a young person's wellbeing and success.
Proposal
Decisions about children should be "colour blind".
Tribunal Response
The view that all children should be treated the same regardless of ethnicity reflects out-dated and now widely criticised views of equality.
More than 40 years ago, in the landmark Pūao-te-Āta-tū report this view of equality was criticised for having contributed to inequities between Māori and non-Māori in the care and youth justice systems. It is a woefully inadequate answer or guide to addressing the complex dynamics and impacts of colonisation.
Reducing equality to same treatment also fails to recognise that Māori, including tamariki, have particular rights under the Treaty including the right to live as Māori in Aotearoa.
Proposal
That section 7AA is causing harm to children and diverting people from a child-centric approach.
Tribunal Response
There is no evidence that s7AA is causing unsafe practice and harm to children.
Rather, evidence presented at the Tribunal indicated that the repeal of s7AA itself is likely to cause harm in a number of ways:
- It will undermine the trust and confidence that has been slowly built between Oranga Tamariki and iwi/Māori
- It will impede and undermine prevention and early intervention work
- Tamariki may be more exposed to harm
- Work to reduce inequities between Māori and non-Māori in care and youth justice is likely to slow down
- There will be adverse impacts on the safety, stability, rights, needs and long-term wellbeing of children involved with Ministry.
In conclusion
It seems incomprehensible that the Minister of Children wastes public time and money on a proposal lacking merit and integrity. It doesn't address the problem she's concerned with. If it progresses to legislation it is likely to cause harm.
It rides roughshod over the good faith and hard work that has been done by iwi/Māori and her own Ministry to build relationships and processes that will achieve good outcomes for children and young people in care.
Let's hope that now, with the benefit of the Waitangi Tribunal's Report, the Minister will realise her mistake and look at how she can achieve more for children in care through closer working with iwi and Māori organisations.
Co-Governance in your organisation
Co-governance is a misunderstood and much-maligned concept in Aotearoa/NZ. Although the current government does not support it as the basis for our health system, co-governance will continue to be of interest to organisations committed to bicultural and Treaty-based practice.
At the Policy Place, many of our clients and online members are deeply committed to Te Tiriti o Waitangi. In this post, we consider some governance and organisational arrangements to reflect this commitment and how policies and procedures can help.
Constitutional options for co-governance
Co-governance refers to an equality model of decision-making. It gives practical effect to the Te Tiriti undertakings of good governance, honourable partnership and protection and respect for Tino Rangatiratanga of iwi, hapū.
There are different models of co-governance. See here and here for more.
In a business or social or health service context, co-governance arrangements might involve Constitutional requirements for:
- the appointment of an equal number of Tangata Whenua and non-indigenous/Tau Iwi to a Board or other governance structure
- all or some decisions to be referred and approved by Māori and Tau Iwi caucuses
- parallel processes for Māori and non-Māori to make decisions, collaborate and access services
- respect for the values, tikanga, reo and other taonga of Māori/mana whenua
- kaupapa Māori – by Māori for Māori agency
- recognition of He Whakaputanga o te Rangatiratanga o Nu Tireni/The Declaration of Independence, Te Tiriti o Waitangi and NZ law
- explicit recognition and encouragement for liaison between Kaupapa Māori, iwi-based and mainstream services
- other arrangements as agreed between an organisation and mana whenua.
Policies and procedures to support co-governance
If you don’t have co-governance reflected in the Trust Deed or constitution for your agency, a Te Tiriti o Waitangi policy can be a great way to reflect and support a Treaty-based approach. See here for ideas on what can be covered in Te Tiriti o Waitangi policy.
Other policies and procedures to help give effect to Te Tiriti o Waitangi will include those addressing Diversity, Equity and Inclusion policies; Board Membership and Recruitment policies for Board and Staff.
Training and Induction for co-governance
The importance of governance and staff induction and training should not be forgotten. These processes will tautoko co-governance and help build cultural competency across your organisation.
Board induction will introduce new Board members to your Trust Deed/Constitutional requirements and the Board’s role in setting the organisational vision and strategy.
Staff induction will include coverage of your organisation’s values and key policies, procedures and documents.
Conclusion
Co-governance can be achieved at constitutional, governance and operational levels of organisations. It’s an important way to give practical effect to the undertaking of Te Tiriti o Waitangi and to steer an organisation in Treaty-based practice.
Incorporated Society Rules and the Treaty of Waitangi
Protect what’s important
With the new regime of the Incorporated Societies Act 2022 about to kick in it’s time to review and update your Incorporated Society Rules.
Incorporated Society Rules are an organisation’s Constitution. They are foundational and provide a great way of embedding your agency’s core values and commitment to Te Tiriti o Waitangi/Treaty of Waitangi.
In the build-up to the election in NZ, we’ve seen the Treaty of Waitangi treated like a political football. We’ve seen how important it is to therefore protect core values and principles from political whims and ignorance.
While we may not be able to do anything about the tactics of some political parties, we can do something in our own turf to strengthen our organisation’s commitment to the Treaty and give it enduring effect.
Update Incorporated Society Rules
Under the Incorporated Societies Act 2022, an organisation wanting to register or reregister for incorporation will have to provide a Constitution. If you’re already registered as an incorporated society, you’ll probably have to review and update your Rules or Constitution to meet the new requirements concerning officers, dispute resolution, membership and officer requirements.
While updating for these requirements, why not also update your Rules/Constitution to embed a strong Treaty focus in your organisation’s foundation? The Act allows a long time for an organisation to bring its Constitution up to scratch so there’s plenty of time to do things well.
At the Policy Place, we aim to embed the Te Tiriti o Waitangi into policies and procedures for members. The Treaty is a foundational document for Aotearoa. Its undertakings, such as respect for Rangatiratanga, protection of taonga such as te reo Māori and active pursuit of equity are also reflected in various compliance regimes that apply to our clients like the Social Sector Accreditation Standards and Ngā Paerewa Health and Disability Standard.
Here’s some ideas for embedding Te Tiriti o Waitangi into your Constitution as an incorporated society.
1. Principles
To future-proof your agency, state your purposes and values in your Rules/Constitution clearly. To incorporate Te Tiriti o Waitangi include principles like:
- Recognition of the rights of Māori as tangata whenua
- Kawanatanga – honour governance
- Rangatiratanga – right of Māori to self-determination and for Māori by Māori
- Oritetanga – equity
- Wairuatanga – respect for diverse values and spiritual beliefs. (see Waitangi Tribunal: Te Hauroa
2. Members and Officers
If you have charitable aims and are a mainstream agency, how about providing for co-goverance. This could reflect in your rules on membership, for example, requiring Iwi/Hapū nominated positions; and/or that there is an equal representation of Māori and non-Māori in officer positions.
3. Procedures in Incorporated Society Rules
Give substance to your Treaty principles through your Rules covering various procedural aspects:
- procedures for meetings – requiring the observance of tikanga Māori;
- a quorum – eg to comprise an equal number of Māori and non-Māori
- a quorum for Kaupapa Māori – comprise at least one representative from each participating Iwi, hapū
- meeting processes to include Māori Caucas or another way for Māori members to meet around and agree on initiatives of significance to the Society and/or whānau/tangata Māori
- opportunity for Iwi/Hapū representatives to consult prior to decisions
- encouragement and respect for ngā tikanga me te reo Māori in processes including conflict and dispute resolution
- the principle of “for Māori by Māori” will guide decision-making
- manaakitanga for meetings
- Cultural Advisor roles.
Conclusion
The Incorporated Societies Act 2022 came into force on 6 April 2022. The 1908 Act applies to an incorporated society until it registers under the new Act.
Organisations can register under the new Act from 5 October 2023 through to April 2026.
Agencies have the time to get their Constitutions into shape. Grab the chance to embed your Treaty and other core values into your Constitution.
Act now to protect the things you value. By incorporating the Treaty of Waitangi and other core values into your Constitution you give it a foundational status that can guide your organsiation into a positive and equitable future.
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.
The Tikanga Revolution – get in the waka now!
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 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:
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
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.
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
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:
- 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)
- 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.
- Because it is linked to hapū and iwi identity, tikanga is not a universally agreed law or protocol applicable to all areas/rohe.
- 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.
- 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).
- Tikanga was the first law of Aotearoa, an expression of Tino Rangatatiratanga of iwi, hapū.
- 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:
Matariki opportunities and significance in the workplace
June 24, 2022 is going to be the first day on which we celebrate Matariki as a country. It’s our first official indigenous public holiday and the first time we recognise the Māori calendar – maramataka.
The intention to legislate for Matariki was announced on 4 February 2021. It became law last night – Te Pire mō te Hararei Tūmatanui o te Kāhui o Matariki/Te Kāhui o Matariki Public Holiday Act.
What Matariki means for your workplace
Dates will change
The holiday is not always going to be 24 June. It’s going to be observed annually on the dates set out in the legislation for the next 30 years and beyond.
There’s different traditions
Don’t assume there is only one way to celebrate Matariki or that it means the same for everyone.
Yes, it’s a constellation of stars seen in the Tangaroa lunar phase of the month of Pipiri, which is usually around June and July. But it is celebrated differently in different areas/rohe of Aotearoa.
It is widely known as the start of the Māori New Year. But there are many traditions across iwi and hapū. In Taranaki, for example, Matariki is known as Puanga. It’s regarded as a time to recognise all the ones we’ve lost over the last year. It acknowledges the rhythm of winter – the need to get crops and kai/food ready to hunker down for the cold.
Opportunities of Matariki
You can gear up for Matariki in the workplace and use it as a platform to support cultural competency and understanding of Te Tiriti o Waitangi and mātauranga Māori amongst staff.
Find out how Matariki is celebrated in the rohe/area of your workplace and encourage staff to share about its significance to them.
If you’re a business looking for commercial opportunities consider profit with purpose – how your service or product can contribute to growing awareness and understanding of Matariki and other indigenous traditions of Aotearoa.
The official marking of Matariki could be the first big step towards restoring the Māori calendar – maramataka in Aotearoa/NZ. Maramataka, unlike the Gregorian calendar, is based on the land and rhythms of Aotearoa and the Pacific. Are there other opportunities to observe Maramataka in your work/mahi?
So Matariki brings opportunities – to celebrate, reflect, learn and advance. Let’s plan for it now.
For more about Matariki and what it means check out these resources:
Treaty-based change for NZ’s health & disability system
We’re in for a new Treaty-based health and disability system. That’s one of the recommendations of the final report on the Health and Disability System Review.
The Review recommends that the Treaty/ te Tiriti principles are embedded through New Zealand’s health and disability system. It also recommends amending the New Zealand Public Health and Disability Act 2000 to reflect more recent interpretations of the Treaty of Waitangi (for the final report see here).
The Waitangi Tribunal’s principles will be important.
In its report – Hauora: Report on Stage One of the Health Services and Outcomes Kaupapa Inquiry (Hauora report)25 (Wai 2575) -the Tribunal criticised the 3 Ps approach to Treaty interpretation (Participation. Instead, it outlined 5 Treaty principles for our future health system (see below).
(For more about what the Tribunal report check out Learning from the Tribunal Health Report)
Learning from the Waitangi Tribunal Māori health report
The first report from the Waitangi Tribunal of its Kaupapa Inquiry into Māori health – Hauora – was released this month. It concluded that our primary health care system has failed to achieve Māori health equity; that New Zealand’s legislative, policy and administrative framework is not, in fact, fit to achieve this outcome.
News reports have highlighted the Tribunal’s findings of institutional racism. Here, we discuss some other aspects of the Tribunal’s report to help agencies give effect to some of the gems in the report (eg in their policies and practices).
We look first at the Tribunal’s approach to the Crown’s 3 Ps Treaty framework. We then look at new Treaty principles proposed by the Tribunal. Later, at some strategies for reflecting these principles.
The “3 Ps” – out with the old
The “3 Ps” comprise the well-established Crown Treaty framework – the principles of partnership, participation and protection. They came out of the Royal Commission on Social Policy in 1986.
The Tribunal described these principles as outdated and the Crown accepted that they reflect a “reductionist view” of the Treaty (Hauora, p79).
Thirty years on, with a lot more Treaty jurisprudence and Treaty settlements under our national belt, there’s clearly room to do better. The Tribunal proposes a new set of Treaty principles for New Zealand’s primary health care framework.
They are principles the Tribunal has relied on in a number of key reports (eg Te Whānau o Waipereira Report; The Napier Hospital and Health Services Report; Tū Mai Te Rangi! Report on the Crown and Disproportionate Reoffending Rates.) They are relevant to all sectors. We briefly outline them below by reference to the articles of Te Tiriti o Waitangi.
Tribunal treaty principles
Principle 1: Recognition and protection of tino rangatiratanga
This is guaranteed under Article 2 of Te Tiriti. It means that the right of Māori to organise in whatever way they choose – whānau, hapū, iwi or other form of organisation and to exercise autonomy and self-determination to the greatest extent must be recognised and protected.
Principle 2: Equity
This is an Article 3 Treaty commitment. It’s also about acting in good faith as a Treaty partner.
Equity is not just about allowing equal access to healthcare or other services for all. The Waitangi Tribunal highlighted that equity is also not just about reducing disparities. It involves the bigger goal of equitable outcomes for Māori.
The Tribunal approved the World Health Organisation’s definition “Equity is the absence of avoidable or remediable differences among groups of people, whether those groups are defined socially, economically, demographically or geographically.” (Hauora, p67)
Principle 3: Active protection
This principle is all about action and leadership. Devolution and permissive arrangements without Treaty leadership are not sufficient. Provision for equal opportunity or a “one-size fits all” approach also falls short.
The Crown must actively pursue and do whatever is reasonable and necessary to ensure the right to tino rangatiratanga and to achieve equitable health and social outcomes for Māori.
Principle 4: Partnership
Yes, this “P” remains. Its meaning reflects an interplay of articles 1 and 2 of Te Tiriti o Waitangi.
For the Crown to be a good governor it must recognise and respect the status and authority of Māori to be self-determining in relation to resources, people, language and culture (ie tino rangatiratanga). It must involve Māori at all levels of decision making.
Both the Treaty parties must act reasonably and in good faith towards each other.
Principle 5: Options
This principle is about giving real and practical effect to the principles of tino rangatiratanga and equity; articles 2 and 3 of Te Tiriti. Where kaupapa Māori services exist, Māori should have the option of accessing them as well as culturally appropriate mainstream services. They should not be disadvantaged by their choice.
It’s the job of the Crown to ensure each option is viable and sustainable by providing sufficient financial and logistical support, strong leadership and effective monitoring.
Report findings
The Tribunal concluded that the Crown had breached the Treaty in a number of ways. It found that from inception Māori primary health care organisations have been significantly underfunded, leading to a decline in the number of services. Whereas at a peak there were 14 Māori primary health organisations in the country, there are now only four (Hauora,p156).
A similar story of unrealised potential and breaches of the partnership and tino rangatiratanga obligations can undoubtedly be told in other sectors. For example, Iwi Social Services and Maatua Whangai were incorporated into the Childrens Young Persons and their Families Act (ie Oranga Tamariki Act) in 1989. They were established to play a key role in the statutory care system in response to Puao-Te-Ata-tu. However, they were undermined by a lack of resourcing and support (eg Shane Walker, Maatua Whangai o Otepoti Reflections -ANZASW).
The Tribunal report makes a number of recommendations. This includes two interim recommendations, that:
- an independent Māori statutory authority be explored
- the Crown and claimants work on a way of assessing the extent of underfunding of Māori primary health organisations and providers.
The parties must report back to the Tribunal on progress with these after 7 months.
Some learnings
There’s some great learning in the Tribunal report about giving effect to Te Tiriti o Waitangi. Some key points for organisations’ policies and practice are that:
- agencies should have a strong leadership focus on fulfilling Treaty obligations and achieving equitable outcomes for Māori
- feedback and data should be gathered about access and outcomes for Māori. It should be regularly reviewed, evaluated and used to support continuous improvement
- if you’re not making progress be wary of attributing blame to clients. Instead, consider different ways of delivering your service
- avoid deficit language “hard to reach”, “vulnerable children” that tend to individualise what are often structural or system issues
- consider and invest time, good faith and energy into building constructive treaty partnerships (with mana whenua, local Māori, tau iwi agencies)
- the Crown must ensure funding of kaupapa Māori services is sufficient for their viability and that mainstream services it funds are competent to provide services to Māori (ie staff and board are culturally competent)
- Māori are engaged at all levels of social and health sector decision-making from governance through to service delivery.
More to come
There’s more in this and other Waitangi Tribunal reports to learn from. Like other Tribunal reports its rich in opportunities to learn about Treaty compliance.
In another blog we’ll take a look at how the Social Sector Accreditation Standards- Level 2 and Core Health and Disability Standards line up with the Tribunal’s approach.
Get in touch with us if you’re wanting help with your policies and procedures. We love to hear from you.