Abstract:
In the Wai 262 claim, six Māori claimant groups sought the Waitangi
Tribunal’s findings that the Crown had breached its Treaty of
Waitangi guarantee to allow Māori to exercise tino rangatiratanga
(the unqualified exercise of our chieftainship) over our
mātauranga Māori (the body of knowledge originating from
Māori ancestors, including the Māori worldview and cultural
practices) and taonga (tangible and intangible treasures). The
Tribunal publicly released its full report on the claim in 2011.
Whilst the National Government (2008–2017) engaged internally
with the report, it did not respond publicly. It is only since the
Labour-led Government (2017–2020) came into power and
proposed Te Pae Tawhiti, a work programme to address the
Crown’s breaches, that the government has engaged with the
report publicly. In this article, I argue that, whilst Māori should
engage in Te Pae Tawhiti, we must do so cautiously and with a
full appreciation of the government’s policies on these issues
over the past decade. The article provides unprecedented
insights into the government’s response to the Wai 262 report.
The insights will be important in helping Māori and others to
hold the government accountable as the Treaty partners work
together to address these issues in the Te Pae Tawhiti era.