Human Rights and the Treaty of Waitangi
Mana Whenua and the Manukau City Council
Purpose
The partnership between mana whenua and Manukau City Council was set up to:
- build appropriate relationships with Māori residents
- identify Treaty obligations that flow from central government to council
- establish systems and structures to implement the Treaty.
Background
Manukau City Council’s commitment to uphold the Treaty of Waitangi began in 1986 in response to Waitangi Tribunal recommendations on the Manukau Claim. The relationship between the council and mana whenua of Manukau has evolved and deepened ever since. Mana whenua groups include Ngāi Tai Te Umupuia Te Waka Tōtara Trust Board, Ngati Te Ata, Ngāti Paoa Whanau Trust Board, Te Akitai – Pukaki Marae and Te Ahiwaru – Makaurau Marae. There is a major commitment (which is reciprocal) to maintaining a strong working relationship with Tainui and the Kingitanga.
Roles
Mana whenua provide policy advice and technical expertise to the council, especially in relation to the three articles of the Treaty and the tikanga of the rohe. As part of the Tiriti o Waitangi Committee the role of mana whenua is, amongst other delegations, to:
- provide a strategic forum for ensuring Māori contributions to council decision-making on matters affecting Māori communities in Manukau
- provide leadership and advice to council on Treaty relationships, development and issues
- ensure Māori values are considered in council’s decision making processes and service delivery.
What happens
Mana Whenua Forum
The formal engagement process began with the council’s recognition of the five mana whenua tribal groups. It continued with the development of relationship agreements between each mana whenua group and the council. These groups are represented at the Mana Whenua Forum.
Te Tiriti o Waitangi Committee
In 2005, as a response to the provisions of the Local Government and Electoral Acts to increase the participation of Māori in council decision-making processes, council approved the establishment of the Tiriti o Waitangi Committee. The committee was reconfirmed as a standing committee of Council in 2007 and meets monthly. Membership reflects the Treaty partnership, with 50 percent elected members representing wards throughout the city and 50 percent appointed members consisting of mana whenua and taura here. Topics considered have included environmental concerns such as the maintenance of Manukau’s shellfish beds, wāhi tapu concerns and Māori health, education and economic development.
The Toolbox
The Tiriti/Treaty of Waitangi Toolbox is an innovative development, first published in 2000 and revised in 2003. The latest edition expands and updates the previous Toolbox.
The Toolbox includes historic and contemporary information about the commitment of the council to the Treaty of Waitangi, contact details for mana whenua groups and the marae of Manukau and supportive aids such as waiata and karakia. The Toolbox was designed as a practical guide for Manukau City Council staff to use in their work. It is shared on the council website “because it contains useful information about the Tiriti/Treaty and serves as an example of how one major organisation is working positively and productively with the Tiriti/Treaty in the workplace today.”
Declaration on the Rights of Indigenous Peoples
Article 15 of the United Nations Declaration on the Rights of Indigenous Peoples affirms the right of indigenous peoples to “the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.” The Treaty of Waitangi Toolbox can be seen as an example of this right in action.
The political structures of the Mana Whenua Forum and the Tiriti o Waitangi Committee are relevant to Article 18 where “indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves.”
What is working well
Council has created a number of organisational mechanisms to advance its progress in this area. A Treaty of Waitangi Corporate Team provides cross-organisational feedback and leadership. The Tiriti o Waitangi Charter provides guidance to staff as to what the commitment of council to the Tiriti o Waitangi should look like in the workplace. A full-time Treaty of Waitangi Unit is located within the Chief Executive Officer’s Advisory Unit to provide strategic and policy leadership. The Māori staff network, Te Whānau Awhina, has been supported for over a decade. For the last five years, the Mana Whenua Forum has provided policy and advisory input to council decision-making processes.
At a governance level the Tiriti o Waitangi Committee provides a direct line of access to council decision making. It also seeks to reflect a partnership model of operation.
Council supports some significant public and official events such as the Waitangi Family Day celebrations and the ASB Polyfest. In addition, Council provides cultural support to a vast range of activities throughout the city, with the assistance of mana whenua kaumātua, as well as some financial support to marae throughout the city.
Looking ahead
Manukau City Council has endeavoured to maintain the momentum relating to the honouring of the Treaty of Waitangi for over 23 years and this is reflected in the ever-evolving relationships it is forging with tāngata whenua of Manukau.
The development of the Tiriti o Waitangi Committee has been significant. “The Tiriti o Waitangi Committee has already contributed much to the workings of council and the Manukau communities, not least being its approach to inclusive governance” said committee chairperson Councillor Alf Filipaina. “This committee was the first standing committee of council to include a designated time for public forums. It has also met regularly on marae in Manukau, not just at council premises, in order to make itself more available to the people.”
The Mana Whenua Forum, the Tiriti o Waitangi Committee and the Tiriti/Treaty of Waitangi Toolbox all demonstrate the commitment of both tāngata whenua and council to a two-world view and Treaty-based approach to organisational change.
Documentation
The relationship between mana whenua and the Manukau City Council.
10 July 2009