Principles of the Treaty of Waitangi as defined by the Waitangi Tribunal

DIGITAL LIBRARY

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Summary of Prinicples of the Treaty of Waitangi defined by the Waitangi Tribunal and the Court of Appeals – This wording is a summary from original sourcs, numbering referes to text in Appendicies J and K; Appendix J – Principles of the Treaty of Waitangi as defined by the Waitangi Tribunal (1983 – 1988):  1. The exchange of the right to make laws for the obligation to protect Maori interests; 2. The Treaty implies a partnership, exercised with utmost good faith; 3.  The Treaty is an agreement that can be adapted to meet new circumstances; 4.  The needs of both Maori and the wider community must be met, which will require compromises on both sides; 5.  The Maori interest should be actively protected by the Crown; 6.  The granting of the right of pre-emption to the Crown implies a reciprocal duty for the Crown to ensure that the Tangata Whenua retain sufficient endowment for their forseen needs; 7.  The Crown cannot evade its obligations under the Treaty by conferring authority on some other body; 8. The Crown obligation to legally recognise tribl rangatiratanga; 9. The courtesy of early consultation; 10. Tino Rangatriatanga includes management of resources and other taonga according to Maori cultural preferences; 11. Taonga includes all valued resources and intangible cultural assets; 12. The Principle of choice: Maori, Pakeha and bicultural options.
Appendix K – Principles of the Treaty of Waitangi as defined by the Court of Appeal (1987): 1. The aquisition of sovereignty in exchange for the protection of Rangatiratanga; 2. The Treaty requires a partnership and the duty to act reasonably and in good faith; 3.  The freedom of the Crown to govern; 4.  The Crown duty of active protection; 5.  Crown duty to remedy the past breaches; 6.  Maori to retain chieftainship (Rangatiratanga) Over their resources and taonga and to have all the rights and privileges of citizenship; 7.  The Maori duty of resonable co-operation; 8.  On whether the Treaty creates a duty to consult.
Appendix L – Principles of the Treaty of Waitangi as proposed by applicants and plaintiffs in the New Zealand Maori Council coutr of appeal case (1987); Proposed by the New Zealand Maori Council; Proposed by Crown
Appendix M – Principles of the Treaty of Waitangi as defined by the Royal Commission on Social Policy (1988); The Fundamental of partnership; The Fundamental of equality of peoples; The fundamental guarantee

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