Appendix 1 - The Principles of the Treaty of Waitangi
The New Zealand Court of Appeal has determined that the Department’s obligations to give effect to the principles of the Treaty of Waitangi1 includes notions of reasonableness, awareness of other Treaty partner’s views, willingness to accommodate those views, fairness and good faith. As the Court of Appeal has stated: "It is the principles of the Treaty which are to be applied, not the literal words". The Privy Council has characterised the principles as dynamic: "They reflect the intent of the Treaty as a whole and include, but are not confined to, the express terms of the Treaty … with the passage of time the principles which underlie the Treaty have become much more important than its precise terms". The principles are still evolving through pronouncements of the Courts and the Waitangi Tribunal. In general terms, the principles are as follows2:
The Essential Bargin
Principle 1 – Kawantanga
To recognise the Crown’s authority to make laws for the good order and security of the country3
Principle 2 - Rangatiratanga
To recognise the right of Maori to exercise iwi authority and control over their own land resources and taonga.
Principle 3 - Oritetanga
To recognise the rights of Maori and non-Maori alike to equality of treatment and privileges of citizenship.
Principle 4 - Kaitiakitanga
The right of Maori to undertake their duty of Kaitiakitanga (guardianship) over their land, resources and taonga.
Co-Operation
Principle 5 - Whakawhanaungatanga
To act reasonably and in good faith.
Duty to be Informed
Principle 6 – He here kai mohio
To make informed decisions.
Active Protection
Principle 7 – Tautiaki ngangahau
Where appropriate and to the fullest extent practicable, to take active steps to protect Maori interests.
Avoid PreJudicial Actions
Principle 8 – Whakatia i te mea he
To avoid action which could create new Treaty grievances.
Principle 9 – Whakatia i te mea he
To avoid actions which would prevent the redress of claims.
1 NZ Maori Council v Attorney General (1987) 1 NZLR 641
2 Kaupapa Atawhai Strategy 1996
3 This will include conservation related purposes.
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