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A TREATY AGENDUM FOR LOCAL GOVERNMENT Tama Potaka*
There is a vast literature on the Treaty of Waitangi. However, a large number of constitutional issues such as who owes Treaty obligations and the nature and extent of these obligations are not clear.1 Instead, such issues are often obscured by the media sensationalising Treatysettlement processes, Máori fisheries, and Pákeha political assumptions about what Máori want.2 Amidst talk of fish, cash settlements and development, little Treaty jurisprudential thinking addresses the complex legal, cultural and economic issues surrounding local government and Máori. It is the purpose of this paper to expand Treaty jurisprudential thinking in the area of local government, 3 and to advocate a direction for local government Treaty obligations.
I
INTRODUCTION
Two centuries ago Máori were the undisputed managers and administrators of natural resources in Aotearoa. Máori selfgovernment occurred at iwi, hapú, whánau and individual levels.4 Tíkanga Máori evolved from the resource base itself, and dictated *
Tama Potaka is of Ngáti Hauiti, Whanganui, Ngáti Whitikaupeka, Ngáruahinerangi, Ngáti Raukawa and Ngáti Toarangatira descent. This is an edited version of the paper he submitted to fulfil the Legal Research and Writing component of the LLB(Hons) degree at the Victoria University of Wellington.
1
The Treaty is used to represent Te Tiriti o Waitangi 1840 (Máori text) and the Treaty of Waitangi 1840 (English text). The First Schedule of the Treaty of Waitangi Act 1975 contains the texts of the Treaty.
2
See "Máori call for republic debate" Sunday Star Times, Auckland, 2 August 1998, A2. Prime Minister Shipley contends that Máori are more interested in settling grievances than republicanism and wider constitutional issues. See also "Let fisheries assets flow, Henare urges Máoridom" The Dominion, Wellington, 5 August 1998, 1.
3
Local government is used to represent all types of subnational bodies including territorial authorities and regional authorities and special provider boards. No distinction is made between Local Authority Trading Enterprises, Community Boards, Community Trusts, regional authorities and territorial authorities.
4
See A Ballara Iwi: The Dynamics of Máori Tribal Organisation from c1769 to c1945 (Victoria University Press, Wellington, 1998) for a Pákehá analysis of Máori selfgovernance structures ["Iwi"]. See Waitangi Tribunal Muriwhenua Fishing Report Wai 22 (Department of Justice, Wellington,