MINISTER HE PUAPUATHE REPORT OF THE WORKING GROUP ON A PLAN TO REALISE THE UN DECLARATION ON THE RIGHTS OF INDIGENOUSBY PEOPLES IN AOTEAROA/NEW ZEALAND DEVELOPMENT 1 WHIRINGA-Ā-RANGI 2019 CLAIRE CHARTERS, KAYLA KINGDONORI-BEBB, TĀMATI OLSEN, WAIMIRIRANGI ORMSBY, EMILY OWEN, JUDITH PRYOR,Ā JACINTA RURU, NAOMI SOLOMON AND GARY WILLIAMS M RELEASED FOR NRC-104358-1-128-V1 1 DISCLAIMER: "Te Puni Kōkiri makes no warranty, express or implied, nor assumes any legal liability or responsibility for the accuracy, correctness, completeness or use of any information contained in this independent report. This information is part of the report provided by the Technical Working Group on a plan for the UN Declaration on the Rights of the Indigenous Peoples (DWG) to Te Puni Kōkiri on 15 October with minor additional editing, along with formatting and stylistic changes to the report. Official's accept the 14 October 2020 version as the final report" HE PUAPUA “He puapua” means “a break”, which usually refers to a break in the waves. Here, it refers to the breaking of the usual political and societal norms and approaches. We hope that the breaking of a wave will represent a breakthrough where Aotearoa’s constitution is rooted in te Tiriti o Waitangi and the United Nations Declaration on the Rights of Indigenous Peoples. MINISTER THE BY DEVELOPMENT ORI Ā M RELEASED FOR NRC-104358-1-128-V1 i CONTENTS He PuapuA ..................................................................................................................................................... i CONTENTS ................................................................................................................................................... ii PROTECTING PAPATŪĀNUKU: THE WERO FROM OUR RANGATAHI ............................................ iii ACRONYMS / DEFINITIONS...................................................................................................................... ii EXECUTIVE SUMMARY ............................................................................................................................. iii INTRODUCTION .......................................................................................................................................... 1 THE DWG’S MAIN CONTRIBUTION: ....................................................................................................... 7 A RANGATIRATANGA-CENTRIC APPROACH ........................................................................................ 7 A ROADMAP TO DECLARATION CONSISTENCY ............................................................................... 12 “KIA OHO KIA MATAARA”: DRAFT ENGAGEMENT PLAN ............................................................... 17 THEME ONE: RANGATIRATANGA (TE TIRITI)/ .................................................................................... 26 SELF-DETERMINATION (DECLARATION) ............................................................................................. 26 THEME TWO: MĀORI PARTICIPATION IN ................................................................MINISTER........................... 41 KĀWANATANGA KARAUNA .................................................................................................................. 41 THEME THREE: LAND, TERRITORIES, RESOURCES............................................................................ 57 THEME FOUR: RIGHT TO CULTURE/NGĀ TAONGA ........................................................................... 67 THEME FIVE: EQUITY AND FAIRNESS ................................THE................................ .................................. 77 APPENDIX A: UNDRIP .............................................................................................................................. 93 APPENDIX B: Relevant contemporaneousBY governmental activity ............................................... 103 DEVELOPMENT ORI Ā M RELEASED FOR PROTECTING PAPATŪĀNUKU: THE WERO FROM OUR RANGATAHI As kaitiaki (guardians), Māori draw strength from surrounding natural elements in the fight for their protection. In pepeha (geographical connections), Māori acknowledge the significant regional mountains and waterways when introducing oneself. In whakapapa (genealogical connections), mountains, waterways and other significant environmental embodiments are respected and recognised as tuākana (senior). Papatūānuku (earth mother) and Ranginui (sky father) are our most senior deities who, together, are responsible for the sustenance of every living thing within their realm. Māori and other Indigenous peoples’ worldviews are grounded in ancient knowledge systems that place Papatūānuku and Ranginui at the centre of all things as the absolute source of all creation. Papatūānuku and Ranginui, commonly referred to as the environment, are the centre of Māori existence, without whom we have no identity. The state of our surrounding environment is reflective of the state of our people. Given increased and continued environmental crisis, our environment is in a state of emergency. We, Māori and other Indigenous peoples around the world are in a state of emergency.MINISTER The vision of He Puapua is that, should Māori have the ability to exercise full authority over our lands, waters and natural resources, uphold our responsibilities as kaitiaki and implement Indigenous solutions with resources and support to do so, Aotearoa will be a thriving country for all. THE “E KORE TĒNEI WHAKAORANGA E HURI KI TUA O AKU MOKOPUNA” THIS QUEST FOR SALVATIONBY SHALL NOT GO BEYOND MY MOKOPUNA. HE TONGIKURA NĀDEVELOPMENT KIINGI TAAWHIAO Rangatahi that we engaged with passionately reiterated this tongikura, and the wero (challenge) that the fight to be Māori in the context of the impacts of colonisation is not inherited by our mokopuna (grandchildren).1 TheORI Declaration Working Group (“DWG”) were inspired by this wero and He Puapua is a step towards addressing it. It puts Papatūānuku at the forefront as we work to restore her rightful place toĀ care for Ranginui, for humankind, for Māori, and for all living things. Ultimately, He Puapua enables Māori to thrive as Māori in an environment that supports their aspirations to do so. M RELEASED FOR 1 Te Wehi Wright, Te Huia Taylor, Tamoko-o-te-Rangi Ormsby, Manawaoterangi Vercoe and Ngaa Rauuira Puumanawawhiti. Dr Claire Charters Chairperson Technical working group on a plan for the UN Declaration on the Rights of Indigenous Peoples (DWG) [email protected] 1 November 2019 Hon Nanaia Mahuta Te Minita Whanaketanga Māori Parliament Buildings WELLINGTON [email protected] MINISTER Kei te rangatira, tēnā koe, REPORT OF THE WORKING GROUP ON A PLAN TO REALISE THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUSTHE PEOPLES: HE PUAPUA On behalf of the DWG, the technical working group on the plan to realise the Declaration, it is my pleasure to attach an advance, uneditedBY version of our report and appendices, He Puapua. I also attach an executive summary. DEVELOPMENT The preface to the report is a wero from our rangatahi, which reminds us that our work on a Declaration plan is of the utmost importance to our youth, and that Papatūānuku and her protection is central to te Ao Māori. The Declaration plan sets out ourORI vision for 2040 in which the Declaration is realised, and a roadmap to achieve that. The roadmap is underpinned by chronologically organised proposals for action set out in tables. TheĀ tables include examples of practical immediate initiatives, as well as a line of sight to Vision 2040. It must be noted, however, that given the short time available to us to hui and prepare He MPuapua, we have not been able to be as comprehensive in our review of existing initiatives as we might have liked. Moreover, our proposals and examples are subject to RELEASEDengagement with and support from Māori especially. Our advice on engagement is that it be broad and inclusive, and we provide some guidance about how this might be achieved using a staggered approach. We draw on Cabinet-approved guidelinesFOR for engagement with Māori for this. The report as a whole is driven by: • the government’s priorities of well-being, inclusive economy and pride in New Zealand; ii • a rangatiratanga-centric approach; and • our understanding that te Tiriti is New Zealand’s constitutional foundation, and central to the realisation of the Declaration. New Zealand has made some important progress towards Declaration realisation by enabling Māori participation in kāwanatanga Karauna (state governance), even if more can be done. However, New Zealand is comparatively weaker in supporting the realisation of Māori self- determination, which we understand to be Māori control over Māori destinies. Based on evidence, we would expect Māori wellbeing to improve as our authority over our lives increases. The DWG would appreciate the opportunity to present He Puapua to you and your colleagues kanohi ki te kanohi at an appropriate time. We are hopeful that our report will be published once it has been considered by the Crown, as we think it will contribute positively to the ongoing socialisation of the Declaration. Finally, we thank you and this government for your commitment to the Declaration, and ambition to improve the wellbeing of all. All members of the DWG are individually and collectively inspired by this kaupapa and strongly support it moving forward. Nāku noa, nā, MINISTER Dr Claire Charters THE Chairperson BY DEVELOPMENT ORI Ā M RELEASED FOR iii ACRONYMS / DEFINITIONS