Te Tiriti o Waitangi, or the Treaty of Waitangi, is often referred to as New Zealand's founding document. Te Tiriti was signed in 1840 by representatives of both the British Crown and Māori tribal groups.
Te Tiriti was meant to encourage partnership between Māori and the Crown. However, the document is controversial, with many claiming that the New Zealand Government has not met its obligations under Te Tiriti.
Video Title: Why New Zealand can’t agree on its founding document | 1News Explains
Watch Time: 12:50
Video Summary: This video explains the history of Te Tiriti and some of the continuing controversies around its interpretation and application.
Post Watch Task: Reflect on Te Tiriti controversies highlighted in the video, particularly those related to land. How could these controversies potentially affect how Māori stakeholders view construction projects?
Te Tiriti itself is not considered part of New Zealand’s domestic legislation. However, the principles of the Treaty have been incorporated into multiple Acts. These principles are determined by the Waitangi Tribunal.
The following are examples of legislation that have had Treaty principles incorporated, and which may impact the construction industry.
- Resource Management Act 1991.
- Conservation Act 1987.
- Urban Development Act 2020.
- Heritage New Zealand Pouhere Taonga Act 2014.
The principles of Te Tiriti go beyond legislation. Any organisation that works with or for Māori should consider the following basic principles:
- Partnership: working together with Māori and valuing their input.
- Participation: encouraging Māori to participate in decisions and activities that affect them.
- Protection: safeguarding Māori interests and taonga (treasures).
The Principles and Construction
Mana whenua are the local Māori who have historically lived on the land where the construction project is taking place. Mana whenua may be a stakeholder in a project for several reasons. The site may be on or adjacent to ancestral land. It may be close to a sensitive ecological area. The end user of the finished project may include Māori.
Click on the plus signs below to display information on the three principles and how they may apply to the construction industry.
Partnership requires that you work together with affected iwi (tribes) and hapu (subtribes). Genuine engagement from the earliest planning stages will enhance buy-in and ensure their perspective is considered. Regular meetings with stakeholders should be encouraged and it is important that communication is respectful and culturally appropriate.
Participation means actively encouraging Māori to play a role in the project. This could include employing a member of the mana whenua to advise on the project or involving local Māori businesses. Where Māori are going to be a key end-user, the integration of Māori architectural and design elements may add value to the project. These decisions should always be taken in conjunction with mana whenua.
Most large projects will be subject to resource consent. The Resource Management Act 1991 requires that Māori values are considered in resource consent processes.
Protection involves safeguarding Māori interests, including their cultural heritage, land, water, and other taonga (treasures). On large projects, a cultural impact assessment may be undertaken to understand the potential impact of the project on Māori sites. This may include archaeological surveys and environmental assessments. The use of traditional knowledge and sustainable practices may also be employed within the project.
