[1] Like every indigenous nation, our Iwi
and Hapū developed unique constitutional systems based upon our own history and
cultural reality. As we developed
distinct dialects and attachments to whenua, we became polities that
constructed our own concepts and sites of power.
We were never a lawless
people because we developed a philosophy of law to regulate our behaviour, and devised
ways to make ordered political and constitutional decisions. Governing ourselves and the right to make our
own decisions are an inherent part of who and what we were, because we were
never power-less.
Our concept
of power was known generally as mana (and much later in the 19th
century as rangatiratanga). It was also
defined in some Iwi and Hapū as mana motuhake, mana taketake, or mana tō rangapū.
It implied an independence that Dame
Mira Szaszy once defined as “the self-determination” implicit “in the very
essence of being, of law, of the eternal right to be, to live, to exist, to
occupy the land.”
Our concept
of mana as a political and constitutional power denotes an absolute authority
because it was absolutely the prerogative of every polity. It was also absolute in the sense that it denoted
an independence and exercise of authority that could not be tampered with by
any other polity.
Our site of
power was vested in the institution of ariki and rangatira who were charged
with the responsibility of making decisions.
John
Rangihau once noted that “rangatiratanga was people-bestowed and could only
be exercised in a way that the people thought was tika.”
As such, all
rangatira learned that good leadership depended upon how well they responded to
their people, and how well they were able to protect them and their
whenua. In a well-known aphorism the
rangatira Manuhuia
Bennett described the necessary attributes of rangatiratanga in a way that
sums up its constitutional and cultural parameters –
“Te kai a te rangatira, he kōrero.
Te tohu o te rangatira, he manaaki.
Te mahi a te rangatira, he whakatira te iwi.”
The ‘kai’ of
the rangatira, and thus the sustenance of mana, is not just the gift of oratory
but also the responsibility to heed and articulate the voice of the
people. The ‘tohu’ is the obvious
obligation to care for both the people and any manuhiri, while the ‘mahi’ or
prime role of rangatira is to keep the people together with all the necessary
implications to husband and care for the taonga of Papātūānuku which that
entails.
Like all cultures our
people recognised that we could not survive in a power vacuum, and from the
earliest days of colonisation we have endeavoured to assert and maintain the
essential constitutionality of our relationship with the Crown through our own
concepts and sites of power.
We will explore these further next
week.
[1] Fifth edited extract from pp. 33 – 34 of He Whakaaro Here Whakaumu Mō Aotearoa – The Report of Matike Mai Aotearoa – The Independent Working Group on Constitutional Transformation.
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