Posts Tagged ‘Treaty of Waitangi’
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.
Kia mauriora te reo Māori
Could you achieve 85 per cent of your staff and board valuing te reo Māori? Did you know we have a new Māori language strategy to achieve that as a nation? Already achieved that goal? Consider a language plan to support 85% of your staff and board to speak te reo Māori.
We all have a role in the revitalisation of te reo Māori. We all have much to gain.
This was a key message in the Waitangi Tribunal’s 1986 Report on Te Reo Māori claim and more recently in its Ko Aotearoa Tenei report.
It’s a message that is now reflected in the principles of Te Ture mō Te Reo Māori 2016/ the Māori Language Act 2016. The principles of the Act include that te reo Māori:
- has inherent mana and is enduring
- is the foundation of Māori culture and identity
- enhances the lives of iwi and Māori
- is protected as a taonga under Article 2 of the Treaty
- is important to our national identity.
The Government recently launched its new Māori language strategy under this Act. It reflects these new legislative principles and responds to long-time calls for the language to be protected as a taonga and revitalised.
So what does all of this mean for those of us working outside government? In this post I look at what we can do to support the revitalisation of the reo.
Maihi Karauna
This is the government’s new strategy to revitalise the reo. It replaces the previous Māori language strategy, which was strongly criticised by the Waitangi Tribunal for being deficient and contributing to a decline in the use of te reo Māori (Ko Aotearoa Tenei, pp 165-7).
Maihi Karauna was developed as a partnership between the Crown and iwi and Māori (represented by Te Mātāwai). It provides for:
- Te Mātāwai to focus on homes, communities and the nurturing of tamariki Māori as first language speakers of te reo Māori. Whānau, hapū and iwi are a vital part. See here for Te Mātāwai’s Maihi Māori/ Māori strategy
- the Crown to create and foster societal conditions where te reo Māori is valued and in partnership with Te Mātāwai, develop policies and services that support language revitalisation.
Goals
Maihi Karauna sets some “audacious” goals. By 2040:
- 85 per cent of kiwis (or more) will value te reo Māori as a key part of national identity
- at least 1,000,000 New Zealanders will be confident talking about at least basic things in te reo Māori
- 150, 000 or more Māori aged 15 and over will use te reo Māori at least as much as English.
Tracking progress
Unlike the previous Māori Language strategy, Maihi Karauna sets indicators for measuring progress towards these goals. The plan is to implement it progressively, starting with the current “establishment phase” (for more on implementation planning see here.)
What can we do?
Maihi Karauna requires each of us to step up and nurture and promote te reo Māori as the indigenous language of Aotearoa.
To date, it has been largely Māori who have fought for the survival of the language. Broader support is required. As people working with whānau, rangatahi and adults, social and health organisations can play a key part.
What about a language plan?
As part of implementing Maihi Karauna, public sector organisations will be expected to have language plans in place by 2021. A language plan could also be a good start for agencies and businesses wanting to give more priority and focus to the language. Think about how to engage with your staff, the expertise of Māori speakers on staff and obtain cultural advice about local tikanga and reo, for example, from mana whenua and local Māori/iwi services.
Review and update relevant policies and processes
It ‘s timely to review your policies on Te Tiriti o Waitangi and Diversity and inclusion. Consider if changes should be made to better support te reo in your organisation. For example, consider:
- supporting and requiring staff and volunteers to pronounce kupu Māori correctly, particularly the names of people and places and frequently used phrases
- incentives for staff to commence or further their learning of te reo
- how te reo me nga tikanga (cultural practices) are used in the organisation’s day-to-day practices
- increasing access to cultural supervision and cultural advice
- making the reo more visible in the organisation (eg signage, labels)
- promoting reo initiatives such as Māori radio, tv and social media channels
- recognise and remunerate Māori language speaking as a core competency for staff
- support national promotions of te reo (eg Te Wiki o te reo Māori).
Any or all of these should be included in your policies and procedures.
Conclusion
So there’s a lot we can and should be doing. There’s no need to feel overwhelmed. Every small step counts.
In Ko Aotearoa Tenei (p166), the Waitangi Tribunal referred to an old Māori proverb :
“Mā te huruhuru, te manu ka rere” which means birds can fly only with feathers.
Let’s all be part of enabling te reo Māori to soar.
Kia Kaha Te Reo Māori!
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.