Wai 262 - Te Pae Tawhiti: Preliminary Proposals for Crown Organisation

Ministerial Oversight Group (MOG) (Rt Hon Jacinda Ardern, Rt Hon Winston Peters, Hon Kelvin Davis, Hon Dr Megan Woods, Hon Chris Hipkins, Hon Andrew Little, Hon David Parker, Hon Nanaia Mahuta, Hon Kris Faafoi.)

• Oversee the government’s high-level response across Wai 262 • Determine the Crown’s approach to high-level and cross-cutting issues • Assist Ministers to co-ordinate within and across the three Ministerial groups (Kete 1-3) • Determine the high-level approach to Māori-Crown relationships on this kaupapa

Ministers Ministers Ministers Possible Cross-cutting Possible Cross-cutting Possible Cross-cutting Hon Dr Megan Woods, Hon Dr David Clark, Hon David Rt Hon Jacinda Ardern, Hon Kelvin Davis, Hon Grant work work Rt Hon Winston Peters, Hon David Parker, Hon Nanaia work Robertson, Hon Carmel Sepuloni, Hon Nanaia Mahuta, Parker, Hon Nanania Mahuta, Hon Kris Faafoi, Mahuta, Hon Kris Faafoi, Hon James Shaw. Hon Tracey Martin, Hon Kris Faafoi, Hon James Shaw. a) Developing a partnership Hon James Shaw, Hon Eugenie Sage. a) Developing a partnership a) Working with Māori to approach to laws, policies approach to laws, policies identify Māori interests and decisions affecting and decisions affecting and understanding their taonga species and Kete 1: Taonga works me taonga works and Kete 2: Taonga species me Kete 3: Kawenata Aorere/ nature and strength mātauranga Māori. te Mātauranga Māori mātauranga Māori. te Mātauranga Māori Kaupapa Aorere when negotiating international instruments b) Creating space for kaitiaki b) Creating space for kaitiaki and participating in to exercise kaitiakitanga to exercise kaitiakitanga international forums. over taonga works and over taonga species and mātauranga Māori. mātauranga Māori. b) A consistent approach to engaging with Māori c) Defining Crown roles in Existing and upcoming c) Defining Crown roles in Existing and upcoming Existing and upcoming when representing respect of taonga works respect of taonga species specific workstreams specific workstreams and mātauranga Māori. specific workstreams New Zealand. and mātauranga Māori. grouped together to grouped together to grouped together to c) Māori representation in d) Developing a new legal d) Improving information enable cross-agency enable cross-agency about taonga species enable cross-agency international forums. framework for the use cooperation and more cooperation and more cooperation and more and protection of taonga and mātauranga Maori. consistent approaches to issues. works and mātauranga consistent approaches to issues. e) Transitioning issue-by-issue consistent approaches to issues. See other side for details Māori. See other side for details approach to a relationship- See other side for details based Māori-Crown dialogue on taonga species and mātauranga Māori.

Support thriving and sustainable regions.

Crown/Māori Build closer partnerships with Māori. Value who we are as a country. Engagement

MOG Initial Crown Questions Transition to a clean, green and carbon-neutral Does this Is this an approach make sense Māori are likely New Zealand. Support healthier, safer, from a Māori to be able to Kete 1 and moreKete connected 2 Kete 3 perspective? work with? communities.

Create an international How might How should the reputation we can be proud of. Māori work with Government prioritise, Crown Government on schedule and undertake Māori this kaupapa? work in this area?

Deliver transparent, transformative and Are there other Grow and share more fairly compassionate government. crosscutting New Zealand’s prosperity. issues or work you think we should consider? Deliver responsible governance with Ensure everyone is earning, a broader measure of success. learning, caring or volunteering.

Make New Zealand the best place in the world to be a child. Kete 1: Kete 2: Kete 3: Taonga works me te Mātauranga Māori Taonga species me te Mātauranga Māori Kawenata Aorere/Kaupapa Aorere What is the scope of this Kete? What is the scope of this Kete? What is the scope of this Kete? Some of the options for future collaborative work between Māori and the Some of the options for future collaborative work between Māori and the The proposed focus for Kete 3 (Kawenata Aorere / Kaupapa Aorere) is: Crown in Kete 1 might include: Crown in Kete 2 might include: a) Māori interests at international level a) Kaitiakitanga a) Kaitiakitanga How should the Crown should work with Māori to identify Māori interests How can we better enable kaitiaki to more fully exercise kaitiakitanga over How can we better enable kaitiaki to more fully exercise kaitiakitanga over and the nature and strength of those interests when negotiating taonga works and mātauranga Māori? taonga species and mātauranga Māori? international instruments and participating in international forums? b) Protection b) Protection b) Engaging with Māori Should there be a new legal framework to protect taonga works and How should we protect taonga species and mātauranga Māori? How might How should Government agencies engage with Māori when representing mātauranga Māori? What should it look like? better information systems about taonga species and mātauranga Māori New Zealand? c) Partnership be developed? c) Māori representation How should we make decisions affecting taonga works and mātauranga c) Partnership How Māori should be represented in international forums? Māori in New Zealand and who should make them? How should we make decisions affecting taonga species and mātauranga Māori in New Zealand and who should make them? How we might What are the existing work programmes that sit within d) Stewardship this Kete? How should the Crown manage taonga works and mātauranga Māori transition Māori-Crown engagement on taonga species and mātauranga it holds? How should the Crown approach Māori data stewardship and Māori from a transactional, issue-by-issue approach to a relationship-based In Kete 3 existing, recent and upcoming Government workstreams of governance issues? How can the Crown better manage its metadata to model? particular relevance include: enable access to the mātauranga Māori it holds? What are the existing work programmes that sit within a) Implementation of the 2001 Strategy for Engagement with Māori on International Treaties What are the existing work programmes that sit within this Kete? b) The development of the Māori Crown Engagement Framework and this Kete? The Government has so far identified the following workstreams as being Guidelines led by Te Arawhiti The Government has so far identified the following workstreams as being likely to involve issues related to those considered in Ko Aotearoa Tēnei c) The development of a Trade for All agenda. One of the Trade for All likely to involve issues related to those considered in Ko Aotearoa Tēnei in Kete 2 (Taonga Species me te Mātauranga Māori): agenda’s key principles is “the creation of a genuine conversation with the in Kete 1 (Taonga Works me te Mātauranga Māori): a) Development of a new national biodiversity strategy public and key stakeholders around the future direction of New Zealand’s a) The review of the Copyright Act 1994 b) Responding to the Supreme Court’s decision in Ngāi Tai ki Tāmaki Tribal trade policy; this will include consultation with Māori, consistent with their b) The review of the Haka Ka Mate Attribution Act 2014 Trust v Minister of Conservation role as a Treaty partner”. c) Improving access to cultural materials c) Government data stewardship and Māori data governance As set out above, this kete is primarily focused on the Crown relationship d) The review of the Statistics Act 1975 d) Comprehensive review of the resource management system with Māori in the area of international instruments. To provide further e) National Archival and Library Institutions (NALI) Ministerial Group e) Essential freshwater context, the following are examples of existing or potential future international instruments and related kaupapa on which the Crown is f) Government Digital Strategy f) Developing a National Policy Statement on Indigenous Biodiversity currently engaging with Māori and will need to be mindful of the issues g) Refresh of Tau Mai Te Reo g) Zero Carbon Bill raised in the Wai 262 claim and Ko Aotearoa Tēnei: h) Review of the Te Ture mō Te Reo Māori Act 2016 h) Emissions Trading Scheme a) New Zealand’s development of a plan on the United Nations Declaration i) Mātauranga Māori when presented as evidence in a decision-making i) Māori Media Sector Shift. on the Rights of Indigenous Peoples hearing b) World Intellectual Property Organisation negotiations in the j) Exclusive Economic Zone and Continental Shelf (Environmental Effects) Intergovernmental Committee on Intellectual Property and Genetic Act 2012 Resources, Traditional Knowledge and Folklore k) Three Waters Review c) New Zealand’s participation in the United Nations Permanent Forum l) Review of the Plant Variety Rights Act 1987 d) Convention on Biological Diversity m) Consideration of whether there should be a ‘disclosure of origin’ e) United Nations Agreement on Biodiversity Beyond National Jurisdiction requirement in the patent system negotiations n) Development of a Resource Strategy f) UNFCCC/Paris Agreement/climate change negotiations o) Review of the Crown Minerals Act 1991 g) E-Commerce negotiations at the World Trade Organization p) Health Services and Outcomes Inquiry Kaupapa Inquiry (Wai 2575) h) Digital Economic Partnership Agreement (DEPA) negotiations with Chile q) Māori Health Action Plan and Singapore r) Fisheries Change Programme i) Various free trade agreements and related work. s) Review of the Biosecurity Act 1993 t) Forestry Strategy.