In the final part of
their report, Matike Mai o Aotearoa (the independent working group on
constitutional transformation) drew some conclusions and attempted to translate
the kōrero about the nature, foundations and values of a constitution into a
vision for constitutional transformation.
Throughout the five
years of hui the injunction Matike Mai were often given, especially by pākeke,
to “get the kaupapa right first” has proved both timely and apt. The steps they
outline in the final part of their report are drawn from the concern they heard
in all of the kōrero about the values base for any transformation.
The notion of a constitutional model or models featuring
discrete rangatiratanga and kāwanatanga spheres of influence along with a
relational site of joint decision-making flowed obviously and early from
discussions about the relationship in Te Tiriti and the manaaki in tikanga.
Similar ideas have been trialled before of course, but the
kōrero from our people offered substantial and substantive refinements. Perhaps the most important of those is the
positioning of the relational sphere and the overarching constitution itself
upon the jurisdictional base of tikanga Māori while recognising the integrity
of both rangatiratanga and kāwanatanga.
Because of the value our people place on good relationships
there is also some discussion about how the rangatiratanga and relational
spheres of influence might give effect to them. The kāwanatanga sphere
naturally relies on good relationships too, but how others express them there,
if indeed they wish to do so, is up to them.
What is available to both Māori and the Crown from the
kōrero of this process is its generosity of spirit and the belief that the many
practical and social obstacles to transformation can be overcome and a new
constitution established.
Over the next few articles, we will summarise the main
arguments contained in the Matike Mai report for a tikanga and Tiriti-based
transformation, suggestions for some indicative constitutional models of a
future constitution, and recommendations for progressing the discussion.
It would be fair to say that throughout the years of
discussion our people have never seen constitutional transformation as some
pious hope but rather they have seen it as a legitimate treaty
expectation. They still do.
[1] Edited
extract from He Whakaaro Here Whakaumu Mō Aotearoa – Report on Constitutional
Transformation, pp. 101 – 102
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