Māori Position as the Treaty Partner is Secured and Enhanced

Context

The Treaty of Waitangi is the founding document of New Zealand. It created a nation based on the acceptance of the partnership promise that is inherent within the Treaty. Māori view the Treaty as under-pinning their development, laying the blueprint for economic independence, and a relationship with the Crown based on mutual respect and good faith. For the Crown, the essential bargain created by the Treaty requires the active protection of all things of importance to Māori, but most importantly, the protection of rangatiratanga as it is through the exercise of rangatiratanga that Māori define their own development preferences and norms. The Treaty is also the starting point for the process of reconciliation between iwi, hapū and the Crown.

What we are seeking to achieve

The outcome we are pursuing, and which is contributed to across Government, is to ensure that the Māori position as the Treaty partner is secured and enhanced.

Achievement of this outcome reflects a state in which the quality of the Treaty partnership is evident through:

• the completion of the process of reconciliation between the Crown and iwi and hapū;
• the on-going consideration of the Treaty of Waitangi in Government decision making process, to the extent that Government decisions do not give rise to contemporary breaches of the Treaty;
• the participation of Māori in the systems of Government, including representational participation, decision making participation, and participation in democratic processes; and,
• an equitable quality of citizenship experienced by Māori according to their own aspirations, preferences and norms.

An environment in which the Treaty partnership is recognised, respected, and acted on is a necessary pre-requisite to enabling New Zealand as a whole to move forward together with a common purpose and a shared commitment to an optimistic future. The Government’s goal of settling all historical Treaty grievances by 2014 contributes to the achievement of this outcome.

What we are doing to contribute towards achieving this

Achieving this outcome is a shared responsibility across Government, and of the Treaty partner. Our specific contributions to this outcome centre on the extent to which our activities enhance the quality of the Crown-Māori relationship. Key areas of impact which are able to be demonstrated through our activities include:

• contributing to the progress of groups through settlement processes;
• an enhanced level of involvement of Māori in government processes;
• ensuring that Treaty considerations inform key government decisions; and,
• ensuring we optimise support for Māori Affairs legislation.

The objective of key dimensions of our work, which are expected to result in these impacts, is to positively influence the engagement and understanding between Māori and the Crown on issues of mutual interest. Key areas of work include:

Support for facilitating Treaty settlements, through:

• providing advice on the development of Treaty settlement policies;
• mandate assessment and advice;
• providing facilitation and mediation to resolve inter and intra iwi, and Crown-Māori, disputes that arise prior to and during the negotiations process;
• providing advice on settlement ratification processes;
• supporting the establishment and capacity building of post settlement governance entities;
• providing advice on the disposal of surplus Crown land under the protection mechanism; and,
• leading work to progress issues that arise from settlement negotiations, but do not form part of a Treaty Settlement.

On a related note, although not directly a component of facilitating Treaty settlements, we prepare for tabling in the House of Representatives, an annual report on the progress made by the Crown in implementing recommendations of the Waitangi Tribunal.

Advice on property rights with respect to natural resources including:

• advice on issues of especial interest to Māori, with an immediate focus on freshwater and co-management arrangements;
• advice on the review of the Foreshore and Seabed Act; and,
• participation in Foreshore and Seabed negotiations.

Development and administration of Māori Affairs and related legislation, including:

• supporting the progress of existing Māori Affairs Bills in the House according to Government priorities for those Bills;
• development of new legislation to give effect to Māori Affairs related policy decisions that require new or amending legislation; and,
• administering legislation and regulations on behalf of the Minister.

Representation and Appointments, including:

• providing advice on constitutional issues, including Māori representation;
• co-ordinating appointment processes for which the Minister of Māori Affairs is responsible, including the key appointments to the Māori Land Court Judges, Waitangi Tribunal members, Māori Trustee, and members of Te Māngai Pāho, Te Taura Whiri i te Reo Māori and the Māori Television Service;
• providing advice on nominations to Government appointed organisations and bodies; and
• Building an evidence base to understand and measure state sector effectiveness for Māori.

International responsibilities, including:

• participation in key international fora as appropriate, particularly the United Nations Permanent Forum on Indigenous Issues and CANZUS;
• providing advice as required on New Zealand’s international obligations, particularly to inform reporting to the United Nations Human Rights Council and Committee on the Elimination of Racial Discrimination.

Community level interventions and programme management, including:

• Brokering and facilitating relationships and opportunities between Māori and central and local government;
• Providing advice on engagement between Māori communities and the Government;
• Managing and monitoring all investments made through Māori Potential Funds that support enhancing the Crown-Māori relationship;
• Evaluating a selection of Māori Potential Fund initiatives that support enhancing the Crown-Māori relationship, in accordance with the agreed Evaluation Strategy and priorities; and,
• Management of specifically appropriated for programmes or projects delivered at the community level that support enhancing the Crown-Māori relationship.

How we will demonstrate progress towards achieving this

The diagram on page 18 summarises our overall performance framework for this outcome area. Importantly, it demonstrates the linkages between our activities in this area, the impact those activities can have on the quality of the Crown-Māori relationship, and thus contribute towards enhancing and securing the position of Māori as the Treaty partner.