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




Table of contents

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



Author biography: Corporate/institutional

Publisher: Waitangi Tribunal

Publication format: Book chapter

Publication date: 1988

Publication place: Wellington

Publication availability: Yes

Publication location: Treaty Resource Centre

Catalog reference: ATOW-4

Content type: Explanation of Treaty

Tikanga Māori: General

Sector: Community, Education – tertiary, government regional or local

Informal group: Indigenous peoples, Māori

General related topics: Colonisation, Equity/justice/fairness, Tino rangatiratanga

Historical period: 20th

Resources: Culture