Sunday, March 25, 2018

LEGITIMATE EXPECTATION


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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