Lady Tureiti Moxon: The Treaty of Waitangi is a partnership and not a takeover

Political freelancer Ben Thomas has been involved in many campaigns. Photo / Michael Craig

OPINION:

2023 is an election year and without a doubt Te Tiriti o Waitangi, the foundation document and sacred covenant of Aotearoa New Zealand, has already begun to dominate the political landscape. It doesn’t matter which political party you support or represent, Te Tiriti o Waitangi is here to stay and this simply can no longer be discounted or ignored. At its essence, this is about power and resource sharing.

In recent weeks and months, we have seen a great deal of political posturing and negative rhetoric in relation to co-governance, Three Waters, the Northland-Te Paparahi o Te Raki Report-(Wai 1040), the removal of section 7AA of the Oranga Tamariki Act 1989 which sets out the duties of chief executive in relation to Tiriti o Waitangi, and Te Aka Whaiora (the Māori Health Authority ) to name a few.

In his opinion piece, lobbyist Ben Thomas thought co-governance should be dumped. He espouses the view that “it is tainted by confusion and misuse” and that “it’s probably time to abandon it.” Whether we call it co-governance or give it another fancy name, we need to focus on its intention and purpose. It is about the partnership between iwi Māori and the Crown as intended under Te Tiriti. Two partners working together and making decisions at the same table for the betterment of all New Zealanders, as equals.

Act leader David Seymour is campaigning for a referendum on co-governance, saying:

“Today, Labour is trying to make New Zealand an unequal society on purpose. It believes there are two types of New Zealanders: Tangata Whenua, who are here by right, and Tangata Tiriti, who are lucky to be here. No society in history has succeeded by having different political rights based on birth. Many New Zealanders came here to escape class and caste and apartheid.”

Te Kohao chief executive Lady Tueriti Moxon. Photo / Supplied

This type of rhetoric allows the continued domination of Māori and perpetuates fear-mongering amongst those who have no understanding of the meaning of Te Tiriti o Waitangi and its obligations. It enables those who espouse colonial views such as this to “hide behind a veil of cultural neutrality where their values, norms and assumptions reinforce prejudice and inequity”. (Ngata, 2021: Halkyard-Harawira).

The Waitangi Tribunal was set up under the Treaty of Waitangi Act 1975. It is a permanent commission of inquiry that makes recommendations on claims by Māori relating to Crown actions which breach the promises made in the Te Tiriti o Waitangi. It is the only forum that deals with Crown breaches of Te Tiriti.

Chief Judge Wilson Isaac, the chairman of the Waitangi Tribunal, says:

“It is an independent, impartial, public, and accessible forum to which claimants can bring their claims alleging breaches of the principles of the Treaty of Waitangi and have them heard and reported on in a timely manner.”

Thus far the tribunal has reported or partially reported on 1028 claims. The belittling by the leader of Act, saying the tribunal has “gone beyond its brief and become increasingly activist” in relation to the Northland-Te Paparahi o Te Raki Report-(Wai 1040) is again the kind of rhetoric that perpetuates superiority, racism and inequities.

The tribunal, in my view, is doing what it is meant to do: To make recommendations that will heal the longstanding wrongs of colonisation committed through land confiscations, assimilation policies, the theft of Māori children from their whānau through its welfare institutions over decades and the continuous breaches of Te Tiriti o Waitangi.

Lady Tureiti Moxon is chairwoman of the National Urban Māori Authority and managing director at Te Kohao Health.