Beehive Speech Kelvin Davis 18th September 2018

Cabinet has approved the final scope of the Māori Crown portfolio and agreed to establish an agency to oversee Government’s work with Māori in a post-settlement era, announced Crown/ Māori Relations Minister Kelvin Davis today.

“The agency, to be called the Office for Māori Crown Relations: Te Arawhiti, will help facilitate the next step in the Treaty relationship – moving beyond the settlement of Treaty grievances into what it means to work together in partnerships,” Kelvin Davis said.

“The name reflects feedback from the hui that Māori should appear first in the relationship. Te Arawhiti, refers to the transition phase we are in, that is ‘the bridge’ between Māori and the Crown.

“Several other Government units and offices will be consolidated into the agency, including the Crown/Māori Relations Unit, the Office of Treaty Settlements, the Marine and Coastal Area (Takutai Moana) Team and the Settlement Commitments Unit. The consolidation will bring a sharper focus and efficiency to the Government’s work with Māori.”

In addition to finishing Treaty Settlements and Marine and Coastal Area applications, the new agency, based on the new scope of the Māori Crown portfolio, will provide strategic leadership across the public sector to:

• ensure the Crown meets its Treaty obligations;
• develop a new engagement model and guidelines for the Government and public sector;
• co-design partnerships, principles and frameworks to ensure that agencies generate the best solutions to issues affecting Māori;
• ensure public sector capability is strengthened across the board;
• provide a cross Government view on the health of the Māori Crown partnerships;
• provide strategic leadership on contemporary Treaty issues;
• other matters including the constitutional and institutional arrangements supporting partnerships between the Crown and Māori: and
• continue to take the lead in organising significant Māori and Crown events, ie Waitangi Day.

“While there are still some Treaty grievances to settle, I heard from many Māori how they want to engage with the Crown on a range of issues that look to the future.

“Together, Māori and the Crown want this portfolio to be about aspiration, and looking forward, in the post-settlement era,” Kelvin Davis said

 

LINK:  https://www.beehive.govt.nz/release/m%C4%81ori-crown-agency-be-established

RESEARCHED:  Carol Sakey

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In 2007 under the labour Government they were totally opposed to the UNDRIP for the following reasons. But  for all these reasons that all these reasons why they rejected it, they are now supporting it, and promoting it.

In 2010 John Keys under a veil of secrecy arranged for Pita Sharples co leader of the Maori party to go to New York UN Assembly to be a representative of NZ where he adopted the UNDRIP.  The following is what he agreed upon on behalf of the peoples of New Zealand, which of course they did not even know about until after the dirty deed was done.

Iwi/Maori to have  Veto Rights over others. Control of NZ’s Natural Resources. Veto rights over the laws of Parliament. Two classes of citizenship. The UNDRIP was not compliant with the Treaty. Iwi/Maori  would have own  the entire lands of NZ, that others already legally own. The rights to redress lands (compensation) for the entire lands of New Zealand.

It was said by Rosemary Banks that represented New Zealand at the UN in 2007 that the UNDRIP is seen by others attending the UN Assembly as a document of Aspiration not a legal document to be acted upon.

He Puapua report that was commissioned by Ardern’s Cabinet in 2019. This is the action plan which includes the UNDRIP which is the hugely controversial undemocratic  Co-governance of New Zealand.

Researched By Carol Sakey

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The secrets that lay behind those doors of Parliament keep being exposed. Co-Governance needs to be discussed and all the evidence exposed. I have been researching this now since it was exposed through an OIA request. The Secret was exposed:   Democracy Action reported in their May 2022 Newsletter that ‘Others were not consulted on Declaration Plan. They showed a photo of Andrew Little, Nanaia Mahuta, Jacinda Ardern, Kelvin David and David Parker at the 2018 National Iwi Chairs Forum

Iwi/Maori leaders expressed ambitious initial discussions with the Government about the highly controversial UNDRIP. Willie Jackson Minister Of Maori Affairs in these discussions said these discussions will shape the Governments Declaration Plan, saying that Co-governance is not enough they want more to satisfy the UNDRIP.

Willie Jackson spoke about the drafting of the Iwi/Maori Declaration plan that was set to commence this year, he said finalising the document in 2023. The Government has appointed the National Iwi Chairs Forum is working with Claire Charters Human Rights Commission. Claire Charters visited the UN this year to see if the UNDRIP could be accelerated. Human Rights Commission is also working and collaborating with Te Puni Kokiri to draft the plan

The National Iwi Chairs Forum has a driving ambition to co-govern New Zealand, to end constitutional arrangements and to install a system of power sharing between Iwi/Maori and the Government.. The Iwi Chairs Forum has been campaigning for constitutional transformation since 2009

NCIF was also involved in the establishment of the Independent Monitoring Mechanism, led by Margaret Mutu, in order “to promote and monitor the implementation of the UN Declaration on the Rights of Indigenous Peoples”.

In 2019 the Labour Government appointed a technical advisory group, the Declaration Working Group (DWG), “to support the provision of advice on the form and content of a Declaration plan.” This news was roundly supported by the National Iwi Chairs Forum spokesperson and lead author of Matike Mai, Professor Margaret Mutu, who said “Iwi are pleased that Government has decided to work in partnership with us to develop a plan to implement the United Nations Declaration on the Rights of Indigenous Peoples.” The He Puapua Report is largely based on the claim that the Treaty of Waitangi created a 50:50 “partnership” between Māori and the Crown.  This is common with the constitutional changes set out in Matika Mai Aotearoa. He Puapua relies heavily on a distorted interpretation of the Te Tiriti o Waitangi and that of the 1835 Declaration of Independence.

Judge Temms in 1993 found that the 1835 Declaration of Independence was only worthy of a research document for historians not a document for lawyers. That the Te Tiriti o Waitangi nulls the 1835 Declaration. In 1999 Doug Graham Minister of Treaty Claims stated in Parliament spoke about the Maori Council seeking Maori Sovereignty by seeking to ask APEC countries to support them in this. Doug Grham said they would not be interested, its none of their business either. That the Maori Council cannot have the Treaty and the Maori Sovereign Nation as well. And would Iwi/Maori be happy to rescind their Treaty Claims.

He Puapua is reliant on the 1835 Declaration of Independence. Reliant on the Tiriti that did not create partnership or Principles, these were created by state legislations in the late 70’s and 80’s. This peaceful founding document Tiriti o Waitangi has become extremely corrupted to appease a few self serving Iwi/Elite Maori whom collaborate with NZ’s state regime.

LINK https://www.beehive.govt.nz/release/maori-claims-sovereignty-lack-credibility

 

Researched by Carol Sakey  WakeUpNZ

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1.In 1972  the UN Sub Commission on Prevention of Discrimination and Protection of Minorities commissioned a study on the issues around discrimination of Indigenous Populations The Study was completed in 1982

2.1977 A conference was held in Geneva to mandate all documents relevant to International Indigenous Movements. 25 Years prior to the UNDRIP being first introduced into the UN Assembly (2007) Much preplanning of the draft had taken place this involved Governments, UN Agencies – Representatives of Indigenous Peoples – International Labour Organization (ILA) and Certain NGO’s. Namely: Argentina, Brazil, Canada, India, US, Nicaragua, Panama, Morocco, Sweden, North Yemen, The PLO and New Zealand. In 1993 The UN announced the  “World Indigenous People Day being 9th August. In June 2006 the UNDRIP was adopted by the UN Human Rights Committee

The Purpose of the UN Declaration -This is laid out in the Declaration itself

Article 3 Declares Indigenous Peoples have a right to self-determination by virtue – To freely determine their political, economic, social, cultural  status

Article 4 Have the right to autonomy or self governance relating to their internal and local affairs and financial autonomous functions

Article 5: Indigenous Peoples have the right to maintain, strengthen their distinct political, legal, economic, social, cultural institution. Retain their right to participate in the political, economic, social, cultural life of the State

Article (8e ) To stop any form of propaganda to promote or incite racial, ethnic discrimination against them

Self-determination of Culture-Identity-Education-Economic Development-Religious custom-Health-Language

NOTE: The UN Charter 1945 and the d International Covenant on Civil and Political Rights and other International Treaties. accords ALL peoples the Right to Self-Determination to seek their own destiny

The Declaration of Indigenous Peoples Rights (UNDRIP) was first introduced into the UN Assembly on 13th September 2007. NZ’s Representative (Rosemary Banks) addressed those present as to why New Zealand had decided to reject the UNDRIP. She said NZ has a system of ‘redress’ accepted by Indigenous and Non -Indigenous Peoples. Referring to the 1840 Treaty of Waitangi as the founding document of New Zealand which is significant in NZ’s Constitutional arrangements, laws, Government activity. That claims of over half on NZ land area had been settled. New Zealand has implemented most standards in the UNDRIP for many years. That are too difficult to implement

In 2010 John Key under the National Govt arranged for Pita Sharples (Co-Leader of the Māori Party) to travel to the UN Assembly where he adopted the UNDRIP on behalf of NZ. This was all done under a veil of secrecy.. All 4 countries that rejected the UNDRIP in 2007 have now adopted it.

WHAT SORT OF NATURAL RESOURCES WAS THE UNDRIP TALKING ABOUT?:- I went to NZ Government website to research what Natural Resources we have in New Zealand.. The Treasury report states describes NZ’s Natural Resources. * Clean water, clean air fertile soil and a climate well suited to humans, tree’s, livestock, agriculture. Lengthy coastlines this  means significant aquaculture resources.  * Significant  petroleum reserves, extraordinary biodiversity on land and in out water bodies

HOW DOES OUR NATURAL RESOURCE WEALTH IN NEW ZEALAND COMPARE TO OTHER COUNTRIES OF A SIMILAR SIZE? :- 30 Page Landcare Research Report Refers to NZ being a significant producers of Natural Minerals and Coal. Construction aggregate, oil, gold and silver. NZ is well documented for its minerals petroleum both onshore and offshore.  NZ is well endowed with Aggregate, Clay,  Coal  – Natural Gas – Iron-sand- Minerals-Petroleum. Another 2 Page Government Report: Describes to ‘Incoming Ministers’ Natural Resources in NZ. Which states that NZ is small country with a wealth of Natural Resources. Good access to water, productive land and biodiversity. These resources have helped New Zealand grow into a prosperous country. Has a strong Natural Resource base

The Treasury reported the following:- Our Natural Resources are central to our cultural heritage . Māori draw their identity from the environment, exercise kaitiaki responsibilities over ‘Land and Resources’.   “We have a responsibility to recognize cultural relationship in accordance with the Principles of Waitangi. NOTE: The World Bank estimated that NZ ranks 8th out of 120 countries and 2nd out of OCE countries in ‘natural capita’

PARLIAMENT REFERRED TO UNDRIP:- 15th September 2007 Parekura Horomia (Minister Of Māori Affairs)s poke in Parliament In his speech he said:- That the UNDRIP is a ‘wish list’. Is ‘toothless’ offers indigenous peoples “no more than Aspirational’ statements. He referred to the same four provisions Rosemary Banks referred to at the UN. The UN Declaration is incompatible with NZ’s Constitutional-legal arrangements and the established Treaty Settlement Policy. References that Indigenous Peoples would own land that other citizens have legal rights too. 33  Ignores contemporary reality, impossible to implement. The Declaration implies two classes of citizenship. He concluded the Māori Party need to get their heads out of the clouds, rather than pie in the sky talk.

The Doctrine of Discovery’ is an International Law  Its is centuries old. In simple terms the Doctrine of Discovery refers to the principle in International Law under which a Nation ‘discovers’ land, it directly acquires ‘Rights on that Land’. This still exists today

THE CONTENT OF THE UN DELARATION ITSELF..SPECIFICALLY RELATES TO CO-GOVERNANCE. The cabinet commissioned report He Puapua. A Co-Governance as the basis for a strengthened partnership between Indigenous Peoples and States. He Puapua was commissioned by the Labour Party in 2019. Described a  pathway for NZ to meet its commitments under the UNDRIP. A roadmap for Co-governance by 2040 (VISION 2040). The UNDRIP proclaims the Rights of Indigenous Peoples as a standard of achievement to be pursued in a spirit of partnership and mutual respect exercise their rights to self determination.  *Article 4: Have a right to ‘Autonomy’ or ‘Self Government’ in matters relating to their internal and local affairs *Article 20 1. Indigenous peoples have the right to maintain, develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development

Claire Charters is a NZ Iwi academic specializing in Indigenous Peoples Rights . In International and Constitutional Law. She has official UN Status. Represents the  NZ Human Rights Commission. The authors of He Puapua are Claire Charters (Chair) ).. Waimirirangi Ormsby, Naomi Solomon – Gary Williams – Dr Jacinta Ruru; Also government officials who are Emily Owen -Judith Pryor – Kayla Kingdon-Bebb   and   Tāmati Olsen. At the forefront of He Puapua and its implementation plan is the Maori caucus I they are the dominant faction within the Labour Party and cabinet. National Iwi Forum, Claire Charters representing NZ Human Rights Commission and various MPs, – NGOs are key players. He Puapua is a projected dismantling of the basic features of NZ Society,. Adoption s racial divide, a domination of a certain minority over the majority. Recommends Co-governance between Iwi and the CROWN (Government). He Puapua recognizes and makes the claim that Iwi/Māori have the ability to exercise full authority over entire NZ lands, water and Natural Resources. (As described in the UNDRIP)

Prof., Elizabeth Rata Auckland University. Sociologist of Education. A former Fullbright Senior Scholar to Georgetown University Washington. Specializes in the ‘Effects of Ethnic Politics on Educational Change’. Authored an article for NZ Centre for political Research 4th July 2021. ‘THE ROAD TO HE PUAPUA-. She referred He Puapua to revolutionary change for New Zealand. She refers to three events 1985, 1986 and 1987 and the Treaty Of Waitangi partnership. The transformative restructuring of governance, recognizing Iwi self-determination. The co-governance laid out in He Puapua. The likelihood of claims for ownership of up to 50% of public assets, eg water, sea territories, flora and fauna, airwaves. The pathway to Ethno-Nationalism’. Firstly she refers to the 1975 Treaty Of Waitangi Amendment Act 1985. The recognition of Iwi/ Maori as the inheritors of Treaty settlements. Reviving the tribe as a political and economic corporation. Secondly she refers to the creation of Treaty principles in the 1985 Amendment Act. Where Geofrey Palmer agreed to let Sir Hepi Te Heuheu insert a clause into the Act. “Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi (Section 9 of the State Owned Enterprises Act 1986. (Parliament defined the Principles in the Treaty. The Treaty did NOT create Principles.)

Treaty principles, partnership has been used by successive governments of Crown (Govt) and Iwi.as opened the way for the so called ‘Partnership’ (Crown -Government- Iwi Partnerships). In legislations, policy making local and central govt, NGOs.  Thirdly the 1987 Court of Appeal where the judicial stated the Treaty established a relationship ‘akin to a partnership’ The Treaty did not create a Partnership the Judicial system did.. Of course this was quickly picked up and hastily used as it is today. By 1987 the Waitangi Tribunal, and Iwi Leaders Forum and other powerful Iwi Interest Groups have successfully achieved claiming ownership rights. ‘Partnership’ justification Of course another arrow for the He Puapua bow to entrench UNDRIP into NZ Society.

LINKS:

The Road to He Puapua – Is there really a Treaty partnership?

https://press.un.org/en/2007/ga10612.doc.htm

https://indigenousfoundations.arts.ubc.ca/un_declaration_on_the_rights_of_indigenous_peoples/.

https://www.landcareresearch.co.nz/assets/Publications/Ecosystem-services-in-New-Zealand/2_3_Christie.pdf

UN Declaration on the Rights of Indigenous Peoples

RESEARCH BY:  Carol Sakey

 

 

 

 

 

 

 

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