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Treaty Basics


Hi my name is David James and for a long  time I’ve been working with my partner  on treaty issues and explaining them to  people so this is just an attempt at a  very quick explanation of someone who’s  that trip people up about the idea of  equality under the treaty of waitangi . Let’s have a look at the articles of the  treaty article 1 and I’m going to use  the Maori text of the treaty because  that’s the one that Mari people  understood at the time and that they  agreed to the English meant nothing to  them it was the language of a tiny  minority of people so in article 1 in  the Indian treaty the crown is promised  something called Caruana tunnel .

 

We could spend hours on sorting out what  that means in detail but certainly it is  a kind of Authority which the crown is  being given in this country and it’s  balanced against the authority which  already existed here and which is  described as – no run meteora time  and that is the authority which the  structures of the Maori world possessed  and exercised and their spokespeople for  that were the wrong a Tara the Chiefs so  these two kinds of authority are being  recognized and that’s where the Court of  Appeal in 1987 said that we have a  partnership arrangement and from the  Maori perspective that was a partnership  which was about co-creating and they share code governance now that’s a government-to-government  arrangement it’s not about individual people.

 

It’s about two forms of  government coexisting and working  together in harmony its recognition of  Maori us of people just as New Zealand  has a seat in the United Nations despite  the fact that we’re a very small country  so Maori who would the majority in fact  at the time we’re being recognized as a  people alongside the people who lived  under the authority of the crown so  equality under article 1 & 2 is not  about individuals it’s about the quality  of people’s sharing the responsibility  for the country article 3 of the treaty.

 

The last article talks a different  language it talks about citizenship  rights it’s about individuals and within  article 3 we are all equal Maori have no  more and no less rights than anybody  else when people say one law for all  absolutely under article 3 it is one  more for all this is who makes the laws  who has a hand in the making of the laws  and it should be up here a partnership  now into this country as citizens have  come people from all over the world that  is what makes us a multi-ethnic Society  and people are entitled to all the  rights of citizenship there they have  they are able to maintain their own  cultures so far as they don’t conflict  with the laws of the country and Maori  are there alongside all the rest of us  as individuals  traditionally government has been keen  on Caruana Tana understands that it  hasn’t the authority that was given to  it it’s keen on individual citizenship  rights and maintaining those government  has never been able to grapple  effectively with tino rangatiratanga and  that is the challenge of the treaty for  us today.