Giving the Treaty Meaning: Applying the Treaty of Waitangi to Strategy, Policy and Action
About
This seminar will pose the question "How and why can the Treaty be applied to strategy, policy and action?"
There is a lot of debate about the Treaty of Waitangi and what it means for New Zealand today. Many decision-makers have Treaty obligations to Maori, because the law requires those decision-makers to have regard to, or take into account, the principles of the Treaty of Waitangi. But what are the Treaty principles, and what difference do those principles make for decision-makers?
The course seeks to assist decision-makers in local government, central government, non-governmental organisations and Maori organisations to better understand and put into practice the principles of the Treaty of Waitangi. To do so, it is important to understand how we got to where we are today, including the history of Maori society, the Treaty and the Treaty principles. It is also important to understand the different levels at which Treaty principles can operate: through strategy, policy and actions/outcomes. This course seeks to provide a ‘toolkit’ of best practice examples which participants can take back to their own workplace.
Learning outcomes
• Familiarity with the historical context of the Treaty of Waitangi
• Understand the historical context of Maori society, and the contemporary significance of the Treaty
• Appreciate the principles of the Treaty, as expressed by the courts, government and the Waitangi Tribunal
• Appreciate the significance of the Treaty and Treaty principles at the different levels of strategy, policy and delivery
• Discover a range of ‘good practice’ examples of applying the Treaty to strategy, policy and action
• Acquire a ‘toolkit’ of ideas relevant to your own specific work/business which will help to give the Treaty meaning
Who should attend?
• Policy Analysts and Policy Advisors from local and central government
• Iwi representatives or those who work for or on behalf of iwi/Maori organisations
• All those who wish to gain a better understanding of Treaty issues
• Those who want to develop strategic alliances with Maori
• Those who are working in regions with significant Maori populations
• Regional and local government managers who want to increase their understanding of these issues
• Anyone else with an interest in the Treaty and policy development
Training methodology
This two-day workshop combines seminar sessions with case studies in an interactive learning exercise. All attendees will be provided with a workbook and a certificate of completion.
Outline
Course times 9.00am-5.00pm
Refreshment breaks and lunch are included
Pre- and post-Treaty Maori
What was Maori society like before the Treaty was signed?
• Key organising concepts in pre-Treaty Maori society
• Maori, resources and land
• Mauri, tapu, mana, utu, and muru
• How has Maori society changed since the Treaty?
• Who is Maori today?
• The Waka Umanga legislation
The drafting and signing of the Treaty of Waitangi
It is important to understand the Treaty in its historical context. What does it say that is relevant for us today?
• Why would the British draft a Treaty?
• Why would Maori sign a Treaty?
• What did the Treaty say?
• What ‘went wrong’ after the Treaty was signed?
• Why is the Treaty relevant today?
The principles of the Treaty of Waitangi
Many laws refer to the ‘principles of the Treaty of Waitangi’.
• Legal recognition of the Treaty since 1840
• What are “principles”? Where do they come from?
• The Resource Management Act 1991
• The Local Government Act 2002
• Other Key examples of statutory references to the principles of the Treaty
The Waitangi Tribunal, the courts and the government
Several ‘sets’ of Treaty principles have emerged from the Waitangi Tribunal, the courts and the government.
• Governments’ principles of the Treaty
• The Waitangi Tribunal’s Treaty principles (the development of key principles)
• The courts and Treaty principles (examples of key judgments)
What do the principles of the Treaty mean in practise?
There are many ways to interpret Treaty principles in different contexts. How have some of these concepts been given meaning?
• What is ‘active protection’?
• What is partnership?
• What is consultation?
• Is consultation enough?
• Issues surrounding Maori representation
• Do Treaty principles go far enough?
The Treaty settlement process
The Treaty settlement process attempts to redress Maori for breaches of the Treaty. What are the limits to what can be achieved?
• Key institutions and processes in the Treaty settlement process, including the Crown Law Office, Crown Forestry Rental Trust, Te Puni Kokiri, the Maori Land Court, the Office of Treaty Settlements
• What is the settlement process trying to achieve?
• Where is the process up to? What is the future of settlements?
• Historical and contemporary Treaty settlements
• A case study of a settlement process
Beyond Treaty settlements
In a post-settlement environment, Maori iwi are better recognised and resourced. What are the implications of this for their relationships in government and non-government sectors?
• Case studies of post-settlement iwi
• Maori and local government
• New relationships with iwi
• Treaty obligations to whom? Iwi and Urban Maori
Giving the Treaty meaning through strategy
What does the Treaty, and its principles, mean for your work at a broad strategic level?
• How does the Treaty and its principles apply to strategic thinking?
• Best practise examples from local government, central government, and beyond government
Giving the Treaty meaning in policy
What does the Treaty, and its principles, mean for policy objectives?
• What are the legal and other obligations policy makers have under the Treaty of Waitangi?
• What difference do the Treaty principles make for policy-making?
• Best practise examples from local government, central government, and beyond government
Giving the Treaty meaning through actions
What does the Treaty, and its principles, mean in terms of day-to-day actions and outcomes?
• How can the Treaty and its principles be given meaning in every-day actions and outcomes?
• Best practise examples from local government, central government, and beyond government.
Facilitators
Darryn Russell, Director, Office of Maori Development, University of Otago
Darryn Russell, PGDip, MIndS, Director, Office of Maori Development, University of Otago
Darryn
is responsible for providing leadership in ‘Treaty’ partnerships across
the country and for developing and implementing the Maori Strategic
Framework, the University’s strategic plan which aims to ensure the
University of Otago is a vibrant contributor to Maori development.
Darryn also holds ministerial appointments to the Pharmacy Council of
New Zealand and Disciplinary Tribunal of the Social Workers
Registration Board of New Zealand. Darryn is also director on
Araiteuru Whare Hauroa and Trustee with J R McKenzie Trust (leading
national philanthropic organisation).
Dr Janine Hayward, Senior Lecturer, Politics Department, University of Otago
Dr Hayward was previously a research associate and report writer with the Waitangi Tribunal, Wellington.
Her research interests include: Treaty politics; constitutional
politics; comparative indigenous issues (Australia and Canada); public
policy; environmental; local government politics; media and politics.
Dr Hayward’s publications have included: The Waitangi Tribunal: Te
Roopu Whakamana I te Tiriti o Waitangi (Bridget Williams Books 2004)
(co-edited with Nicola R Wheen); Political Communications in New
Zealand (co-edited with C Rudd 2004); Local Government and the Treaty
of Waitangi (Oxford University Press 2003)
In-house Training
Prices and Registration
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