In an unprecedented move, the Waitangi Tribunal's Constitutional Kaupapa Inquiry (Wai 3300) is inviting critical dialogue at the first wānanga-ā-rohe on Māori sovereignty and self-determination between claimants and the Crown.

Evidence on what tino tangatiratanga and mana motuhake is in action will be shared at ‘Tomokia Ngā Tatau o Matangireia’ that the Tribunal says is a “starting point”. The hearing begins at 8.30am today in Ngāruawāhia.

The Waitangi Tribunal is encouraging dialogue before confirming the themes of the Inquiry.

“It's a critical conversation that needs to be had with Māori – it’s about rights, not race,” says Lady Tureiti Moxon, Chair of the National Urban Māori Authority and Managing Director of Te Kōhao Health.

“This is important to those of us who believe that the te Tiriti o Waitangi should be protected, not just at the behest of the Crown, but due to being the founding document of this country that has real meaning and protection.”

She says currently it is reliant on the goodwill of whatever government is voted in. “It's important to anchor our rights so they’re not easily changed by successive governments.”

Straight after the opening claimant, the New Zealand Māori Council, Lady Tureiti will be giving evidence specifically on tino rangatiratanga and mana motuhake, “as stated the te Tiriti o Waitangi Article,” she said.

The Tribunal will hear how recognised Māori Health Organisations and Māori Providers like Te Kōhao Health and others like it, recognised by the Waitangi Tribunal as “models of excellence” are an expression of tino rangatiratanga.

The organisation provides 35 different health and wellness, education, social, employment, Whānau Ora and justice services by 320 staff serving an enrolled population of 8050 in the Waikato.

“Māori iwi never ceded sovereignty, we never ever gave the crown sovereignty over us,” Lady Tureiti said. Her fervent position is that sovereignty is gained in three distinct ways.

1) By conquest such as through using military force.
2) By means of a Treaty whereby the previous government gave power to the new government.
2) By occupation in the situation of ‘terra nullius’, when land is acquired that is not under government or sovereign power rule.

“At the signing of the Treaty, we were guaranteed our own rights to look after our own within our own tikanga and within our own mana motuhake.”

Lady Tureiti believes the government is acting on its own assumption over Māori – calling it ‘ultra vires’ as it tries to wield dominion well beyond its powers.

“Historically it has created all these walls and laws to protect itself and its assumed sovereignty at the expense of Māori.”

Her Statement of Position succinctly states how the Crown has physically dominated Māori and enforced those taking wealth off Māori.

“History shows the Crown has constantly been in breach of those rights through passing legislation. We understand if the Treaty Bill goes ahead te Tiriti would be removed from at least 28 pieces of legislation.”

Six potential themes have been currently identified by the Tribunal:

Theme one

(a) Mana motuhake
(b) Tino rangatiratanga
(c) Autonomy and self-government (including existing and historic national models of self-governance)
(d) Tikanga

Theme two

(e) Kāwanatanga
(f) Constitutional legitimacy and sovereignty
(g) Parliamentary sovereignty and systems
(h) Ngā ture Pākehā

Theme three

(i) Electoral rights and systems

Theme four

(j) Local government and te Tiriti o Waitangi/ the Treaty of Waitangi

Theme five

(k) Human rights and te Tiriti o Waitangi/ the Treaty of Waitangi

Theme six

(l) Citizenship rights

The two-day wānanga-ā-rohe will be held at Waikato-Tainui Endowed College, 451 Old Taupiri Road Ngaruawahia 3792.

© Scoop Media