Appendix 3 - Cabinet Approved Treaty Statements
1 Statements of Treaty policy and obligations which have been previously approved by Government
Provided such statements meet the general requirements of relevance and effectiveness, then they are permitted within CMRI. They include:
- clauses which refer to or note references to the Treaty in legislation
- statements, which recognise the Treaty, in Government goals and policy frameworks (for example, the Key Government Goals to Guide Public Sector Policy and Performance, Statement of Government Intentions for an Improved Community-Government Relationship)
- the 1989 Principles for Crown Action on the Treaty of Waitangi, which the Government has endorsed
- those recommendations of the 1988 Royal Commission on Social Policy which the Government has approved.
Treaty-related provisions in statutes
Use of statutory expressions within CMRI is subject to the condition that all general undertakings, including those derived from statute, be accompanied by statements of what these will mean in practical terms for the parties.
2 Treaty statements endorsed by the Crown
The second category of Treaty statements allowed under the CMRI policy framework are those which repeat or closely reflect statements already made by the Crown in submissions to the courts or the Waitangi Tribunal. Below is a selection of such statements. Subject to all other requirements of the CMRI policy framework, these statements can also be used within CMRI.
Statements which refer to the Treaty as the basis of Crown-Māori relationships and as a founding document of New Zealand
"The Treaty of Waitangi establishes the unique relationship between the Crown and Māori."
"The Treaty of Waitangi is a founding document of Government in Aotearoa/New Zealand."
Treaty principles and concepts
"The Crown acknowledges that it has an obligation to act in an informed manner when it forms policy or acts in ways that affect Māori interests."
"The Crown acknowledges that it is under a duty of active protection in relation to Māori rights and interests guaranteed pursuant to Article 2."
"The parties each have an obligation to act in good faith, fairly, reasonably and honourably towards the other."
"Central to the Treaty relationship and implementation of Treaty principles is a common understanding that Māori will have an important role in implementing (policies/services) for Māori and that the Crown and Māori will relate to each other in good faith and with mutual respect, cooperation and trust."
"In order to recognise and respect the principles of the Treaty of Waitangi, the parties have agreed to establish (mechanisms/processes/structures) to enable (the Māori Collective) to contribute to the (planning/policy development/decision-making/delivery) of (the Agency's) specified (policies/functions/services)."
"In order to recognise the Crown's obligations to act in an informed manner, (the Agency) will (provide information/seek input/give adequate time for response/consider submissions) on the exercise of (particular) functions."
3 Treaty statements developed by the parties
The third category of Treaty statements approved for use in CMRI are those developed by the parties to meet particular requirements of their relationship. The central CMRI advice and vetting process (see Phase 2) will ensure that all such statements are assessed in accordance with the requirements of the CMRI policy framework.
In addition to the general requirements of the CMRI policy framework, Treaty statements developed by parties to CMRI are subject to the following conditions:
- except as provided above, CMRI may not comment on constitutional principles or the constitutional status of the Treaty
- quotations from the text of the Treaty are permitted, although it is preferable to include the full text. The authoritative Māori and English versions of the Treaty text are contained in the Treaty of Waitangi Act 1975
- statements relating to the circumstances surrounding the signing of the Treaty may be included by the Māori Collective provided that these are attributed to that party and do not give rise to expectations of the Crown
- agencies should avoid trying to define or interpret the meaning of the Treaty in the abstract. What is important is that they are clear as to its effect on their own relationship with the Māori Collective. General statements should be limited to those approved in this paper
- terms which interpret such Treaty concepts as kāwanatanga, rangatiratanga or taonga may be used provided that their meaning is clearly agreed between the parties.
General commitments to observe Treaty principles, including those taken from legislation, must not be used unless accompanied by statements of what these will mean in the context of the particular CMRI. This means that commitments to act in particular ways because of the Treaty may be included in CMRI, provided that:
- the commitments require clearly defined conduct - it is generally not appropriate for an agency to commit to "act in accordance with the Treaty in the exercise of its functions" without greater specification
- the commitments are specific to the particular interests of the parties and the context of their agreement - they should not relate to matters outside the immediate context of the agreement and should not impose obligations or expectations on third parties
- the commitments are consistent with applicable statutes and policies, and are compatible with all other commitments between Māori and the Crown
- any legal or statutory constraints on the Agency which may have a bearing on the agreement are explicitly noted
- the reciprocal obligations of the Treaty, in which rights and duties flow both ways between the parties, are explicitly included and agreed
- references to iwi-specific versions of rangatiratanga such as Ngā Raurutanga or Ngāti Poroutanga have been used in some Treaty settlements and are acceptable provided their meaning is clear to both parties and explained in the CMRI.
