Involving Maori in FSANZ: A framework for action based on the Treaty of Waitangi

A Report prepared for ANZFA by Kim Workman & Associates

May 2002

[ pdf format 301 kb  |  Word document  212 kb ]

TABLE OF CONTENTS

The Role of ANZFA

Changes to the Food Regulatory system

The Place of the Treaty of Waitangi in New Zealand

The significance of the Treaty of Waitangi for ANZFA

Principles for Crown Action on the Treaty of Waitangi

Developing Partnerships

The Basis for Partnerships

Defining the Partnership   -   Maori and the Crown

Defining the Partnership   -   Maori and ANZFA

Attachment

1.        ANZFA Treaty Framework
2.        The Treaty of Waitangi
3.        Glossary of Terms

ANZFA AND THE TREATY FRAMEWORK

The Role of ANZFA

The Australia New Zealand Food Authority (ANZFA) is a bi-national organisation, working in partnership with Australia¡¯s Commonwealth, State and Territory governments and the New Zealand Government.   ANZFA is responsible for developing food regulatory measures for Australia and New Zealand and other activities in accordance with the Australia New Zealand Food Authority Act 1991. 

In developing food regulatory measures, ANZFA¡¯s objectives are (in order of priority):

Under the Act, in developing food regulatory measures and variations of food regulatory measures, ANZFA is also required to have regard to the following:

• the need for standards to be based on risk analysis using the best available scientific analysis;
• the promotion of consistency between domestic and international food standards;
• the desirability of an efficient and internationally competitive food industry; and
• the promotion of fair-trading in food.

In addition to developing, varying and reviewing food standards, ANZFA is responsible for a range of other functions including co-ordinating national food surveillance and recall systems (Australia only), conducting research, assessing policies about imported food and developing codes of practice with industry.

ANZFA's primary role, in collaboration with others, is to protect the health and safety of people in Australia and New Zealand through the maintenance of a safe food supply.  

Changes to the Food Regulatory system

In Mid-2002, a new food regulatory authority will replace ANZFA.   This new authority will be known as ' Food Standards Australia New Zealand ' (FSANZ); the Board membership will change; as will the way food standards are developed.   These changes to ANZFA are part of a broader package of reforms to the food regulatory system in Australia.   This has been brought about by the signing of a new intergovernmental Food Regulation Agreement, proposed changes to the Australia New Zealand Joint Food Standards Treaty and amendments to the Australia New Zealand Food Authority Act 1991.

Separation of Policy from Standards Development

One of the principal changes to the food regulatory system will be the separation of policy from food standards development.   Previously all food standards policies were developed by the ANZFA Board, having regard to the broader policies and objectives of government.  

Under the new food regulatory system, the new Australia and New Zealand Food Regulation Ministerial Council (Ministerial Council) will decide on policy guidelines based on advice from a new Food Regulation Standing Committee comprising senior government officials from the Commonwealth, States, Territories and New Zealand.   The new Ministerial Council has also established other committees to assist in this task.   FSANZ must have regard to the Ministerial policy guidelines when developing or reviewing food standards.

Coverage of the whole food supply chain

The new arrangements will bring together, for the first time, standards for the food manufacturing industry and standards for primary producers (in Australia at least).   Arrangements are being developed to move responsibility for developing mandatory safety standards that apply to primary products to FSANZ and the new Ministerial Council.   It is envisaged that such standards will be developed using the same consultative and scientifically robust processes that ANZFA currently employs to develop its other standards.

Deciding on standards

Unlike ANZFA, FSANZ will have responsibility for approving standards, and variations to standards, then notifying the Ministerial Council of any approval. The Ministerial Council may then reject, amend or seek a review of any standard notified to it by FSANZ.

Changes to the Board

The Board of FSANZ will increase in number from eight to twelve.   Members of the Board will be drawn from an expanded list of specialist areas.   The new arrangements for the Board include calling for nominations from prescribed organisations.   The new Board will also be responsible for appointing the Managing Director of FSANZ.

Food issues of special interest to Maori

Maori interest in the work of ANZFA falls into the following categories;

a)    technical and scientific interest, for example food production, labelling issues and food exporting;

b)    food standards issues, such as genetically modified foods that impact on indigenous cultural and property rights;

c)    Maori public health issues such as safe food campaigns, diet, nutrition, additives, but with a focus on issues affecting Maori;

d)    Maori environmental health interests; and

e)    A general Maori Consumer interest.

Some of these issues fall outside the scope of ANZFA but will be referred to the relevant agency where necessary.

The Place of the Treaty of Waitangi in New Zealand

Just what is the exact'place' of the Treaty of Waitangi in New Zealand is a question which must be approached in two parts.   Its political and constitutional importance is very great indeed.   In the words of the then President of the Court of Appeal (now Lord) Cooke, said:

'... ­No matter precisely how it should be categorised in law, it has taken on in fact a vitality and potency of its own.   For Maori its mana has always been high.   Now there can be few Pakeha who in their hearts scoff at it or underrate its practical significance.   Some see it as a threat, and political capital is made out of that point of view; but in truth theirs is a tacit tribute to the Tribunal, and reluctant recognition that it has become part of the essence of the national life.   Even its critics have to accept that as the foundation document.  It is simply the most important document in New Zealand's history.'(1990)14 NZULR. (emphasis added)

While the issue of its legality and legal enforceability has never been fully settled, it is generally accepted today that even if the Treaty is not directly enforceable and even if no direct statutory reference to its terms or principles occurs in legislation, both the Crown and purchasers are still bound in law to consider and apply those principles when undertaking their statutory functions.   The basis for this proposition can be found in the administrative law doctrines of legitimate expectation and relevant consideration.   By these doctrines, neither the Crown nor purchasers will be bound to implement Treaty guarantees to the exclusion of all other considerations and no matter what the consequence, they are required to show they have properly considered  the application of Treaty principles to their work and that those principles have been accorded an appropriate degree of priority.  

The significance of the Treaty of Waitangi for ANZFA

ANZFA has a legislative requirement to consult as a key part of its work.   In addition, ANZFA also needs to have regard to the Australia New Zealand Joint Food Standards Treaty.   One of the conclusions of a review in 1999 of the operation of the Australia New Zealand Joint Food Standards Treaty was that indigenous peoples had little input to standards development.   In performing its roles and functions, ANZFA needs to have regard for the various obligations and priorities of the New Zealand Government.   In doing so, ANZFA seeks to ensure that the guarantees contained in the Treaty of Waitangi will be carefully considered and accorded an appropriate priority.  

Principles for Crown Action on the Treaty of Waitangi

The Treaty of Waitangi as the founding document of New Zealand, provides the basis for both the legal and moral obligations held and shared, by Maori and Tauiwi (non-Maori people, specifically the Crown) alike.

To assist agents of the Crown deal with issues arising from the Treaty, the Department of Justice developed five
' Principles for Crown Action on the Treaty of Waitangi ', subsequently endorsed by the Government.   These principles and explanations are given in the sub-sections following.

While the following principle based framework is very helpful, it is important to remember that it represents'the interpretation of [only] one signatory to the Treaty of Waitangi, that is, the Crown. Nga iwi Maori may have different interpretations based on article not principles' [1] (italics added).   For added insight, see both Maori and English versions of the Treaty in the Department of Health booklet - 'Te Tari Ora Me Te Tiriti o Waitangi.'

The Kawanatanga Principle: The Principle of Government

The first Article of the Treaty gives expression to the right of the Crown to make laws, and its obligation to govern in accordance with constitutional process.   This sovereignty is qualified by the promise to accord the Maori interests specified in the second Article an appropriate priority.

The Rangatiratanga Principle: The Principle of Self-Management

The second Article of the Treaty guarantees to iwi Maori the control and enjoyment of those resources and taonga (property) which it is their wish to retain.   The preservation of a resource base, restoration of iwi self management, and the active protection of taonga, both material and cultural, are necessary elements of the Crown's policy of recognising rangatiratanga.

The Principle of Equality

The third Article of the Treaty constitutes a guarantee of legal equality between Maori and other citizens of New Zealand.   This means that all New Zealand citizens are equal before the law. Furthermore, the common law system is selected by the Treaty as the basis for that equality although human rights accepted under international law are incorporated also.

The third Article also has an important social significance in the implicit assurance that social rights would be enjoyed equally by Maori with all New Zealand citizens of whatever origin.   Special measures to attain that equal enjoyment of social benefits are allowed by international law.

The Principle of Co-operation

The Treaty is regarded by the Crown as establishing a fair basis for two peoples in one country.   Duality and unity are both significant.   Duality implies distinctive cultural development and unity implies common purpose and community.   The relationship between community and distinctive development is governed by the requirement of co-operation which is an obligation placed on both parties to the Treaty.

Reasonable cooperation can only take place if there is consultation on major issues of common concern and if good faith, balance, and common sense are shown on all sides. The outcome of reasonable co-operation will be partnership.

The Principle of Redress

The Crown accepts a responsibility to provide a process for the resolution of grievances arising from the Treaty.   This process may involve courts, the Waitangi Tribunal, or direct negotiation.

The provision of redress, where entitlement is established, must take account of its practical impact and of the need to avoid the creation of fresh injustice.   If the Crown demonstrates commitment to this process of redress then it will expect reconciliation to result.

Developing Partnerships

Te Urupare Rangapu(Partnership Response)

Te Urupare Rangapu, developed in 1988, is still the major New Zealand Government policy document which states that the New Zealand Government believes all its agencies must accept full and proper responsibility for Maori people and communities, and for Maori values and issues.

Of the principle objectives set out in Te Urupare Rangapu, the following are particularly relevant for the work of ANZFA.   These are that government agencies will endeavour to:

• eliminate the gaps which exist between the educational, personal, social, economic and cultural well-being of Maori people and that of the general population; and
  
• promote decision making in the machinery of government, in areas of importance to Maori communities and provide opportunities for Maori people to actively participate, on jointly agreed terms, in such policy formulation and service delivery.

Policy development is especially significant in attaining the objectives of Te Urupare Rangapu, although all activities of a government agency will influence its capacity to become responsive.

Ka Awatea

The New Zealand coalition government's policy is set out in the document Ka Awatea, and reaffirms the responsibility of mainstream agencies to respond to the needs of Maori in order to reduce disparities in achievement in a number of social areas including health.

The Basis for Partnerships

ANZFA is keen to establish some basic principles which guide it in the development of a partnership with tangata whenua (indigenous people).   The most practical set of guidelines is found in  Te Urupare Rangapu - Partnership Response which seeks to improve the delivery of government programes and services to Maori communities.

It also outlines New Zealand Government's intention to give Maori people the best possible opportunity to develop according to their wishes, and to realise their aspirations through addressing the following principal objectives, which are to:

• honour the principles of the Treaty of Waitangi through exercising it's powers of government reasonably, and in good faith, so as to actively protect the Maori interests specified in the Treaty;
• eliminate the gaps which exist between the educational, personal, social, economic and cultural well-being of Maori people and that of the general population, that disadvantage Maori people, and that do not result from individual or cultural preferences;
• provide opportunities for Maori people to develop economic activities as a sound base for realising their aspirations, and in order to promote self-sufficiency and eliminate attitudes of dependency;
• deal fairly, justly and expeditiously with breaches of the Treaty of Waitangi and the grievances between the Crown and Maori people which arise out of them;
• provide for the Maori language and culture to receive an equitable allocation of resources and a fair opportunity to develop, having regard to the contribution being made by Maori language and culture toward the development of a unique New Zealand identity;
• promote decision making in the machinery of government, in areas of importance to Maori communities, which provide opportunities for Maori people to actively participate, on jointly agreed terms, in such policy formulation and service delivery; and
• encourage Maori participation in the political process.

Defining the Partnership   -   Maori and the Crown

In relation to this 'partnership' between Maori and the Crown, the Royal Commission on Social Policy wrote [2] :

' The Treaty of Waitangi is about two peoples entering into an agreement as equal partners. The nature of the partnership and the manner in which it might be strengthened has implications at several levels:

• partnership can occur at all levels of policy making by the sharing of power and decision making, satisfactory methods of consultation and the inclusion of cultural perspectives in policies;
  
• partnership can refer to the process of drafting, implementing and monitoring legislation;
  
• partnership is about the manner in which representation is ensured at all levels of administration;
  
• partnership concerns the allocation of resources;
  
• partnership extends to the provision of social services and the types of services available;
  
• partnership challenges the diverse ethnic and cultural groups in New Zealand to consider their relationships with the tangata whenua
  
• partnership requires opportunity for the partners to regularly review their relationship and to plan jointly for the well being of all New Zealanders.¡±

Defining the Partnership   -   Maori and ANZFA

Maori expect that the Treaty of Waitangi would underpin the relationship between the MRG, ANZFA staff and the Board.   Such a framework will help enhance relationships between Maori and ANZFA by providing clarity and structure to our roles and functions.

The MRG do not seek to control the processes within ANZFA, but be able to bring a Maori perspective to ANZFA's work.   The MRG want to develop a bi-cultural relationship and there are a number of issues, which if addressed, will 'kick-start' this relationship.   An important area is the development of an ANZFA responsiveness framework, including performance measures and standards against which bi-cultural progress can be measured.

The MRG Treaty of Waitangi Framework

The MRG Treaty of Waitangi identifies deliverables, and success criteria in relation to the following organisational areas:

1.                    Planning and Reporting
2.                    Policy Development
3.                    Standards Development
4.                    Human Resource Capability
5.                    Organisational Design
6.                    Leadership
7.                    Relationship Management

The Outcome

The MRG have produced a Treaty of Waitangi framework, at Attachment 1, which they consider to be realistic, and capable of implementation.

Kim Workman

Attachment 1. ANZFA Treaty Framework

Principles For Treaty of Waitangi Framework
Principle	Goal
Principle One:   Kawanatanga The Principle of Governance	Improve ANZFA capability to address Maori issues Strengthen Organisational Capability through building a strong partnership with Maori Maori are recognised as significant stakeholders in existing standards development, processes, systems and structures
Principle Two: Tino Rangatiratanga The Principle of Self-Determination	Recognise iwi and hapu, and consult with tangata whenua on Article Two issues
Principle Three: Oritetanga The Principle of Equity	Contribute to the development of policies and processes that enable Maori to participate in the development of food standards

 

Attachment 2

THE TREATY OF WAITANGI

The Treaty of Waitangi is seen as the founding document of the nation of New Zealand. It was signed in 1840 by representatives of the British Crown and Maori chiefs.

There are three copies of the treaty:

• the English version as signed;
• the Maori version as signed; and
• a modern English translation of the Maori version.

THE TREATY OF WAITANGI 1840

[English text of the Treaty]

Her Majesty Victoria Queen of the United Kingdom of Great Britain and Ireland regarding with Her Royal Favour the Native Chiefs and Tribes of New Zealand and anxious to protect their just Rights and Property and to secure to them the enjoyment of Peace and Good Order has deemed it necessary in consequence of the great number of Her Majesty's Subjects who have already settled in New Zealand and the rapid extension of Emigration both from Europe and Australia which is still in progress to constitute and appoint a functionary properly authorized to treat with the Aborigines of New Zealand for the recognition of Her Majesty's Sovereign authority over the whole or any part of those islands.

Her Majesty therefore being desirous to establish a settled form of Civil Government with a view to avert the evil consequences which must result from the absence of the necessary Laws and Institutions alike to the native population and to Her subjects has been graciously pleased to empower and to authorize 'me William Hobson a Captain' in Her Majesty's Royal Navy Consul and Lieutenant Governor of such parts of New Zealand as may be or hereafter shall be ceded to Her Majesty to invite the confederated and independent Chiefs of New Zealand to concur in the following Articles and Conditions.

ARTICLE THE FIRST

The Chiefs of the Confederation of the United Tribes of New Zealand and the separate and independent Chiefs who have not become members of the Confederation cede to Her Majesty the Queen of England absolutely and without reservation all the rights and powers of Sovereignty which the said Confederation or Individual Chiefs respectively exercise or possess, or may be supposed to exercise or to possess, over their respective Territories as the sole Sovereigns thereof.

ARTICLE THE SECOND

Her Majesty the Queen of England confirms and guarantees to the Chiefs and Tribes of New Zealand and to the respective families and individuals thereof the full exclusive and undisturbed possession of their Lands and Estates Forests Fisheries and other properties which they may collectively or individually possess so long as it is their wish and desire to retain the same in their possession; but the Chiefs of the United Tribes and the individual Chiefs yield to Her Majesty the exclusive right of Preemption over such lands as the proprietors thereof may be disposed to alienate at such prices as may be agreed upon between the respective Proprietors and persons appointed by Her Majesty to treat with them in that behalf.

ARTICLE THE THIRD

In consideration thereof Her Majesty the Queen of England extends to the Natives of New Zealand Her royal protection and imparts to them all the Rights and Privileges of British Subjects.

[Signed] W Hobson Lieutenant Governor

Now therefore We the Chiefs of the Confederation of the United Tribes of New Zealand being assembled in Congress at Victoria in Waitangi and We the Separate and Independent Chiefs of New Zealand claiming authority over the Tribes and Territories which are specified after our respective names, having been made fully to understand the Provisions of the foregoing Treaty, accept and enter into the same in the full spirit and meaning thereof in witness of which we have attached our signatures or marks at the places and the dates respectively specified

Done at Waitangi this Sixth day of February in the year of Our Lord one thousand eight hundred and forty.

TIRITI O WAITANGI 1840

[Maori text of the Treaty]

Ko Wikitoria te Kuini o Ingarani i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te Atanoho hoki kua wakaaro ia he mea tika kia tukua mai tetahi Rangatira--hei kai wakarite ki nga Tangata Maori o Nu Tirani--kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahikatoa o te Wenua nei me nga Motu--na te mea hoki he tokomaha ke nga tangata o tona Iwi Kua noho ki tenei wenua, a e haere mai nei.

Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana.

Na, kua pai te Kuini kia tukua a hau a Wiremu Hopihona he Kapitana i te Roiara Nawi hei Kawana mo nga wahi katoa o Nu Tirani e tukua aianei, amoa atu ki te Kuini, e mea atu ana ia ki nga Rangatira o te wakaminenga o nga hapu o Nu Tirani me era Rangatira atu enei ture ka korerotia nei.

KO TE TUATAHI

Ko nga Rangatira o te wakaminenga me nga Rangatira katoa hoki ki hai i uru ki taua wakaminenga ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu--te Kawanatanga katoa o ratou wenua.

KO TE TUARUA

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira ki nga hapu--ki nga tangata katoa o Nu Tirani te tino rangatiratanga o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te wakaminenga me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te Wenua--ki te ritenga o te utu e wakaritea ai e ratou ko te kai hoko e meatia nei e te Kuini hei kai hoko mona.

KO TE TUATORU

Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini- -Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu Tirani ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea ki nga tangata o Ingarani.

 

[signed] William Hobson Consul & Lieutenant Governor

Na ko matou ko nga Rangatira o te Wakaminenga o nga hapu o Nu Tirani ka huihui nei ki Waitangi ko matou hoki ko nga Rangatira o Nu Tirani ka kite nei i te ritenga o enei kupu, ka tangohia ka wakaaetia katoatia e matou, koia ka tohungia ai o matou ingoa o matou tohu.

Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.

 

TREATY OF WAITANGI 1840

[Translation of the Maori text of the Treaty, by Prof. Sir Hugh Kawharu, used with permission]

Victoria, the Queen of England, in her concern to protect the chiefs and the subtribes of New Zealand and in her desire to preserve their chieftainship (1) and their lands to them and to maintain peace (2) and good order considers it just to appoint an administrator (3) one who will negotiate with the people of New Zealand to the end that their chiefs will agree to the Queen's Government being established over all parts of this land and (adjoining) islands (4) and also because there are many of her subjects already living on this land and others yet to come. So the Queen desires to establish a government so that no evil will come to Maori and European living in a state of lawlessness. So the Queen has appointed 'me, William Hobson a Captain' in the Royal Navy to be Governor for all parts of New Zealand (both those) shortly to be received by the Queen and (those) to be received hereafter and presents (5) to the chiefs of the Confederation chiefs of the subtribes of New Zealand and other chiefs these laws set out here.

The first

The Chiefs of the Confederation and all the Chiefs who have not joined that Confederation give absolutely to the Queen of England for ever the complete government (6) over their land.

The second

The Queen of England agrees to protect the chiefs, the subtribes and all the people of New Zealand in the unqualified exercise (7) of their chieftainship over their lands, villages and all their treasures (8). But on the other hand the Chiefs of the Confederation and all the Chiefs will sell(9) land to the Queen at a price agreed to by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent.

The third

For this agreed arrangement therefore concerning the Government of the Queen, the Queen of England will protect all the ordinary people of New Zealand and will give them the same rights and duties (10) of citizenship as the people of England (11).

[signed] William Hobson Consul & Lieut. Governor

So we, the Chiefs of the Confederation of the subtribes of New Zealand meeting here at Waitangi having seen the shape of these words which we accept and agree to record our names and our marks thus.

Was done at Waitangi on the sixth of February in the year of our Lord 1840.

Footnotes

(1) 'Chieftainship': this concept has to be understood in the context of Maori social and political organization as at 1840. The accepted approximation today is 'trusteeship'.

(2) 'Peace': Maori 'Rongo', seemingly a missionary usage (rongo - to hear i.e. hear the 'Word' - the 'message' of peace and goodwill, etc).

(3) Literally 'Chief' ('Rangatira') here is of course ambiguous. Clearly a European could not be a Maori, but the word could well have implied a trustee-like role rather than that of a mere 'functionary'. Maori speeches at Waitangi in 1840 refer to Hobson being or becoming a 'father' for the Maori people. Certainly this attitude has been held towards the person of the Crown down to the present day - hence the continued expectations and commitments entailed in the Treaty.

(4) 'Islands' i.e. coastal, not of the Pacific.

(5) Literally 'making' i.e. 'offering' or 'saying' - but not 'inviting to concur'.

(6) 'Government': 'kawanatanga'. There could be no possibility of the Maori signatories having any understanding of government in the sense of 'sovereignty' i.e. any understanding on the basis of experience or cultural precedent.

(7) 'Unqualified exercise' of the chieftainship - would emphasise to a chief the Queen's intention to give them complete control according to their customs. 'Tino' has the connotation of 'quintessential'.

(8) 'Treasures': 'taonga'. As submissions to the Waitangi Tribunal concerning the Maori language have made clear, 'taonga' refers to all dimensions of a tribal group's estate, material and non-material - heirlooms and wahi tapu (sacred places), ancestral lore and whakapapa (genealogies), etc.

(9) Maori 'hokonga', literally 'sale and purchase'. Hoko means to buy or sell.

(10) 'Rights and duties': Maori ' at Waitangi in 1840 refer to Hobson being or becoming a 'father' for the Maori people. Certainly this attitude has been held towards the person of the Crown down to the present day - hence the continued expectations and commitments entailed in the Treaty.

(4) 'Islands' i.e. coastal, not of the Pacific.

(5) Literally 'making' i.e. 'offering' or 'saying' - but not 'inviting to concur'.

(6) 'Government': 'kawanatanga'. There could be no possibility of the Maori signatories having any understanding of government in the sense of 'sovereignty' i.e. any understanding on the basis of experience or cultural precedent.

(7) 'Unqualified exercise' of the chieftainship - would emphasise to a chief the Queen's intention to give them complete control according to their customs. 'Tino' has the connotation of 'quintessential'.

(8) 'Treasures': 'taonga'. As submissions to the Waitangi Tribunal concerning the Maori language have made clear, 'taonga' refers to all dimensions of a tribal group's estate, material and non-material - heirlooms and wahi tapu (sacred places), ancestral lore and whakapapa (genealogies), etc.

(9) Maori 'hokonga', literally 'sale and purchase'. Hoko means to buy or sell.

(10) 'Rights and duties': M¦Äori 'tikanga'. While tika means right, correct, (eg 'e tika hoke' means 'that is right'), 'tikanga' most commonly refers to custom(s), for example of the marae (ritual forum); and custom(s) clearly includes the notion of duty and obligation.

(11) There is, however, a more profound problem about 'tikanga'. There is a real sense here of the Queen 'protecting' (i.e. allowing the preservation of) the Maori people's tikanga (i.e. customs) since no Maori could have had any understanding whatever of British tikanga (i.e. rights and duties of British subjects.) This, then, reinforces the guarantees in Article 2.

Attachment 3 - Glossary of Terms

Term	Meaning
Hapu	Sub tribe
Iwi	Tribe
Ka Awatea	' It is Dawn '
Kaumatua	Respected elder/elders
Kawanatanga	Government or governance
Maori	Indigenous people of New Zealand
Oritetanga	The Principle of Equity
Pakeha	Non-Maori; European
Rangatiratanga	The Principle of Self-Determination, or Maori ownership
Taonga	refers to all dimensions of a tribal group's estate, material and non-material - heirlooms and wahi tapu (sacred places), ancestral lore and whakapapa (genealogies), etc.
Tangata Whenua	People of the land
Tauiwi	Non-Maori, or person of another tribe; foreigner;
Te Reo Maori	The Maori language
Te Tari Ora	The Ministry of Health
Te Tari Ora me te Tiriti o Waitangi	The Ministry of Health and the Treaty of Waitangi
Te Urupare Rangapu	The Partnership Response
Tino rangatiratanga	Has several meanings; Maori sovereignty, Maori nationhood, tribal autonomy, and full power and control.   In this particular context it requires consideration of how Maori, collectively and at a national level, might actively participate in the development and implementation of food standards and   policies.

 

 

 

[1] Te Tari Ora Me Te Tiriti o Waitangi, Department of Health, Wellington, 1990.

[2] The Treaty of Waitangi and Social Policy, Wellington, 1988.

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