The New Zealand government's response to the Wai 262 report: the first ten years

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.