Māori and Constitutions MS230 Semester 1, 2014 Māori and Constitutions

Constitutional Reform 2011 Electoral reform, Parliamentary Reform Constitutional Review Looking at what is! Constitutional Change Different values baseline – Hirangi Hui Constitutional Transformation Revisiting our values, justice model

What is a constitution? Collection of rules which outline the regulations and institutions through which people choose to be governed. Many models Protect peoples values How laws are made and political power is used Protect the wealth, resources and power, maintaining power structures

New Zealand has a constitution – Bill of Rights Act 1990 Constitution Act 1986 Treaty of Waitangi signed in 1840 and established constitutional principles. New Zealand is one of only three countries, including Israel and the United Kingdom, that doesn’t have a constitution written down in a single document. Unwritten Constitution – includes TOW New Zealand has a constitution - it’s just not all written down in a single document. Our constitutional rules include legislation such as the Bill of Rights Act 1990 and the Constitution Act 1986, foundational documents such as the Treaty of Waitangi signed in 1840 and established constitutional principles. New Zealand is one of only three countries, including Israel and the United Kingdom, that doesn’t have a constitution written down in a single document.

Māori and the Constitution NZ Constitution Act 1852 NZ Constitution Act 1986 The Bill of Rights Act 1990 Electoral Amendment Act 1991 MMP 1993 by Referendum 2011 How Māori are represented in Parliament 121 members 63 Electorates, 7 Māori, 51 List MP’s Amended the 1852 legislation in order to bring in to legislation the State Owned Enterprises Ac t 1986 – included Section 9 which related to the TOW and the rights of Māori to prevent the sale of assets that Māori had tribunal claims over.

Hirangi Hui 1 Response to the Fiscal Envelope put forward by the Bolger Govt. In Dec. 1994 January 1995 Sir Hepi Te Heuheu called hui Māori outright rejection of the Governments proposals for limiting Treaty Claims arrangements Beginnings of Māori focus on Māori determined process

Hirangi Hui 2 Hirangi Hui 3 Focus on Tino Rangatiratanga What did that look like on the ground Hirangi Hui 3 Constitutional Change How to begin What choices are open to us

Government Line The Treaty ceded sovereignty to the Crown There can be no dual sovereignty We are all New Zealanders Only 1 sovereign head and one sovereign parliament (State of the nation to Auckland Chamber of Commerce Address February 15, 1995). ...authority of the Crown is drawn on successful British colonisation rather than the Treaty of Waitangi Assumption of legitimacy Legitimated by the passage of time Invalidating claims by Māori of sovereignty (Address to waikanae/Kapiti Rotary Clubs by hon D. Graham, 3 May 1995) “The assumption of legitimacy, assisted certainly by the Treaty, unquestionably succeeded and it has, as amatter of international law , lasted It is what it is” The assumption of power by the coloniser has been lregitimated by the passage of time, invalidating any claims by Māori of sovereignty”

Māori line Māori real concern was Māori control of their own affairs Fiscal envelope was the catalyst for this debate Sovereignty debate – power sharing arrangements – autonomous parliament? (Ripeka Evans, Broadcasting) Sovereignty cannot be given away No matter how colonisation occured you could not disguise and then dismiss the injustice of dispossession (Moana Jackson) Society based on injustice will not endure (Ranginui Walker) Just what was the fiscal envelope? What does that refer to? - All Tribunal claims would be settled within a $1 billion cap. Power sharing arrangements, just what does that look like? Consider thye power sharing with the Methodist Chgurch’s Bicultural journey. Does the Anglican Church’s 3 Tikanga model provide the answer. Upper House and Lower House such as the British model of Parliament. What woulkd be the most appropriate model for Aotearoa. We will always be in the minoirity? Moana Jackson in his discussions notes that what Pakeha consider as sovereignty or what Maori consider is mana cannot be given away – so the dispossession that took place under colonisation, no matter how you dress it up, is simply unjust dispossession.

The Way Forward Some iwi have been unsure as to how best to proceed None doubted the need to progress the matter in Māori ways, but some disagreement over what things to do first etc. Decolonisation becomes the catchcry decolonisation programmes Wānanga Reo, Wānanga-a-iwi Reclaiming te reo Reclaiming tikanga Kohanga Reo, Kura kaupapa Māori Churches, Hui-a-hapori Reclamation has been an empowering process. The re-naming of places was one strategy identified in this study as being a means of diminishing the importance of te reo and the tikanga of an area because re-naming alters the understandings of the history and traditional stories of each area. Wiremu recounted the story of a hapū in the Hawkes Bay region who were fighting through the courts for the name of a local landmark to be returned to its original Māori name. It is currently known as ‘Fern Hill’ and the local hapū were seeking reinstatement of the original Māori name ‘Puketapu’. Denying the original names of places denies the history and stories of the people of that region. In 2009 the people of the Whanganui region after many years of struggle succeeded in having the Crown, through the Geographic Board officially acknowledge the correct spelling of the name of their city built on the Whanganui River. For more than 100 years the city has been known as Wanganui, a misspelling that has denied the mana of the Whanganui iwi traditions and history (New Zealand Herald Dec.21.2009 p.A1.)

Constitution 2012 Independent Constutional Review Team Outcome Crown appointed Nine people gender, age, Māori Pākehā mix Consider the voices via submissions Write a Report to Parliament Outcome Parliament will look at Report and its recommendations and consider further action http://www.cap.govt.nz/store/doc/The_Conversation_So_Far.pdf In 2011 the Government responded to a public call for addressing issues of a constitutional nature by agreeing to setting up of a panel to hear submissions from the public around constitutional matters. What are the things they looked at? Electoral matters, size of parliament, electoral term, number and size of electorates. Etc… Crown Maori Relationships – number of Maori seats, TOW, Maori in parliament and on local bodies, as of right? Elected? Other Constitutional Matters – Bill of rights, Written constitution. As to the TOW. Because of the differing understandings of the Treaty, the Treaty principles were piut in place and the principle most commonly. Often considered is the principle of partnership. The principle of partnership encapsulates the spirit in which the Treaty was signed, recording for future generations the relationship of mutual respect and good faith. It is possible to view the principles as a pragmatic way of enabling decision makers to give effect to the spirit and intent of the Treaty and to take care of the relationships established by the Treaty, without being limited by the differences in the wording of the Treaty.

Feedback The government's constitutional review is a major threat to New Zealand's democracy. A biased constitutional advisory panel and a consultation process that locks out non-Maori threatens to permanently put power and privilege into the hands of the tribal elite.  to replace our constitution with one based on the Treaty of Waitangi is to give the tribal elite supreme power in New Zealand.

Constitution 2012-..... National Iwi Chairs Forum Constitutional Transformation Sub Committee of NICF – Moana Jackson & Margaret Mutu Setting process and priorities – rangatahi What constitutional arrangements might you consider would be appropriate today? In your groups of four – talk about what What constitutional arrangements you might consider for today? Think big, think wide, think about what you’d like to see that would give equity to a Maori voice?