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Explore Parliament 8 Y9≥10 eXplore PARLIAMENT How does Parliament recognise the Treaty of Waitangi? There are many parliaments around the world, but only the New Zealand Parliament incorporates the principles of the Treaty of Waitangi into its work. The Treaty is unique to New Zealand and gives our Parliament a special relationship with Māori as tangata whenua. What is the Treaty of Waitangi? The Treaty of Waitangi, Te Tiriti o Waitangi, is New Zealand’s founding document. It is an agreement, written in English and Māori, between the British Crown (Queen Victoria) and Māori. Representatives of many, but not all, iwi signed the Treaty. It established British authority over New Zealand and promised Māori full protection under British law. At the time, it was intended that the Treaty would create unity between Māori and Pākehā, but for a number of reasons, both peoples had different understandings of what the document would deliver. Partly, this was because the English and Māori versions of the Treaty are not exact translations of each other. (For example, “kāwanatanga” [governance] in the Māori version becomes “sovereignty” in the English.) Despite these issues, the Treaty is still very important for New Zealand. Today, the New Zealand Government represents the Crown in the partnership with Māori. It must make sure that the principles of the Treaty are upheld in all its areas of responsibility. The Treaty of Waitangi, Te Tiriti o Waitangi (Courtesy Archives New Zealand) Principles of the Treaty are recognised How does Parliament recognise Māori in our laws as tangata whenua? The Treaty is an agreement, not a law, so it doesn’t explain anything in DID YOU KNOW ? detail. For a long time, many New Zealanders did not feel the Treaty In 1867, four Māori seats were set up to make sure that Māori were represented in was relevant in today’s world. But this view has changed, and it’s Parliament. Since then, this number has increased to seven. The Treaty of Waitangi was first signed on now seen as a living document with something to say to 21st century Many Māori MPs have brought the concerns of Māori, including breaches of the 6 February 1840. Copies of the Treaty Aotearoa. The courts, the Waitangi Tribunal, and the Government have Treaty, to the House. were written in Māori and English. Two all supported this view and have to explain the principles behind the In 1987, Māori became an official language of New Zealand, meaning members hundred copies of the Treaty were printed Treaty in ways that everyone can understand. For example, in 1987 the of Parliament are able to use te reo Māori in the House. in Māori. Almost all of the 500 chiefs signed Court of Appeal found that: handwritten copies of the Māori version. Only • The Treaty put in place a partnership, and the partners have a Māori Affairs Committee room – Māui-Tikitiki-a-Taranga 39 chiefs signed the English version. There duty to act reasonably and in good faith The Māori Affairs Committee is a select committee that deals with matters directly is still discussion today about the different • The Crown has freedom to govern affecting the well-being of Māori. It meets in a specially designed room. Carvers translations and meanings of the words used • The Crown has a duty to actively protect Māori interests and weavers from around New Zealand took part in decorating the room, creating in the two versions, but it is accepted that the • The Crown has a duty to remedy past breaches designs that draw on the stories of all iwi. Opened in 1995, it is the largest of the underlying principles of the Treaty are really • Māori retain rangatiratanga over their resources and taonga select committee rooms. what is most important. and have all the rights and privileges of citizenship • The Crown has a duty to consult Māori • The needs of both Māori and the wider community must be met, which will require compromise. Today, all laws passed by Parliament must reflect the principles of the Treaty. If necessary, the House asks for advice from the Waitangi What steps has Parliament taken Tribunal to make sure there is no conflict with Treaty principles in to recognise the Treaty? any bill. TE REO Māori in tHE HOUSE In the years that followed the signing of the Treaty, instead of 1868 The first Māori members spoke little English. unity, there was conflict about land, which led to wars between They mostly spoke in te reo Māori, and an Māori and the Government. interpreter translated their speeches. Over the years, Māori protested to the Government about their loss of land and loss of access to other natural resources. 1880s Three interpreters were employed to translate In the 1960s and 1970s, many Māori took part in land marches all Māori members’ speeches into English and to and land occupations to publicise their grievances. They DID YOU KNOW ? translate all bills into Māori. argued that the Crown had not kept its Treaty promises. Finally, Parliament decided that these claims of broken promises Waitangi Tribunal decisions have 1913 Apirana Ngata was told to speak in English unless (breaches of the Treaty) should be properly investigated. resulted in: an interpreter was available. • The protection of traditional food 1930s It was agreed that Māori members of Parliament The Waitangi Tribunal sources, especially kaimoana Māui-Tikitiki-a-Taranga could use Māori as long as they were brief and In October 1975, Parliament passed a law setting up (Photograph courtesy Office of the Clerk) • The establishment, in 1987, of te reo immediately translated their words into English. the Waitangi Tribunal. The Tribunal is a committee that Māori as an official language of New investigates breaches of the Treaty. When it finds that there Zealand (following the Tribunal’s 1987 Parliament made Māori an official language in the has been a breach, the Tribunal makes recommendations to finding that it was a taonga that the House and members were allowed to use either Parliament about how to compensate Māori for their loss (for Crown must protect) English or Māori. example, by returning land or making a payment of money). The return of areas of land (large and THAt’s interesting! • 1997 Interpreters provide oral translations for all At first, the Tribunal could only deal with breaches that small) to iwi, the right for iwi to buy speeches and debates delivered in Māori. Written took place after October 1975. But in 1987 the law was back land, and the payment of money There are at least 62 separate Acts translations are provided for Hansard. changed, allowing it to look at grievances that went right back to iwi. of Parliament that refer to the Treaty. to 1840. Since then, the Tribunal has investigated and settled Treaty principles can only be legally 2010 Simultaneous interpretation was introduced. many Treaty breaches. In some cases, the process has taken applied if the Treaty is actually referred Whenever a member speaks in te reo Māori, many years. to in the particular law. Most laws in a simultaneous interpretation into English is New Zealand have no reference to the provided. Treaty and the ones that do usually Our relate to Māori land, the environment, House and natural resources. Other laws that refer to the Treaty include the Treaty of is your Waitangi Act 1975 and Māori Language house Act 1987. Our House is your house What steps has Parliament taken to recognise the Treaty? In the years that followed the signing of the Treaty, instead of unity, there was conflict about land, which led to wars between Māori and the Government. Over the years, Māori protested to the Government about their loss of land and loss of access to other natural resources. In the 1960s and 1970s, many Māori took part in land marches and land occupations to publicise their grievances. They argued that the Crown had not kept its Treaty promises. Finally, Parliament decided that these claims of broken promises (breaches of the Treaty) should be properly investigated. The Waitangi Tribunal In October 1975, Parliament passed a law setting up the Waitangi Tribunal. The Tribunal is a committee that investigates breaches of the Treaty. When it finds that there has been a breach, the Tribunal makes recommendations to Parliament about how to compensate Māori for their loss (for example, by returning land or making a payment of money). At first, the Tribunal could only deal with breaches that took place after October 1975. But in 1987 the law was changed, allowing it to look at grievances that went right back to 1840. Since then, the Tribunal has investigated and settled many Treaty breaches. In some cases, the process has taken many years. Principles of the Treaty are recognised in our laws The Treaty is an agreement, not a law, so it doesn’t explain anything in detail. For a long time, many New Zealanders did not feel the Treaty was relevant in today’s world. But this view has changed, and it’s now seen as a living document with something to say to 21st century Aotearoa. The courts, the Waitangi Tribunal, and the Government have all supported this view and have to explain the principles behind the Treaty in ways that everyone can understand. For example, in 1987 the Court of Appeal found that: • The Treaty put in place a partnership, and the partners have a duty to act reasonably and in good faith • The Crown has freedom to govern • The Crown has a duty to actively protect Māori interests • The Crown has a duty to remedy past breaches • Māori retain rangatiratanga over their resources and taonga and have all the rights and privileges of citizenship PUBLISHED BY CONTACT INFORMATION • The Crown has a duty to consult Māori www.parliament.nz [email protected] Phone: +64 4 817 9565 Fax: +64 4 472 8206 Copyright © Crown 2013 ISBN: 978 0 7903 4779 0.
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