Below is a list of cases of special treatment for Maori and tikanga (their customs) in New Zealand law. Such separation, by race, is numerous in much recent legislation and rules of behaviour.
These many special provisions for so-called “Maori” strip others of the right to full and equal citizenship. The criterion for such discrimination is, simply and explicitly, race. Some examples:
1974. Maori Affairs Amendment Act.
Definition of Maori changed to include part-Maori, with any degree of Maori ancestry.
1975. Treaty of Waitangi Act.
Waitangi Tribunal set up to hear historical grievances of Maori only, given sole power to interpret the Treaty. The Tribunal allows oral accounts with no cross-examination. By its nature, this is far less reliable than written documentation.
1985. Treaty of Waitangi Amendment Act 1985.
Tribunal empowered to hear claims all the way back to 1840 – way beyond anyone’s first-hand knowledge or experience.
1986. State-Owned Enterprises Act.
Invents Treaty ‘principles’ and inserts the requirement that “Nothing in this Act shall be inconsistent with the principles of the Treaty of Waitangi”.
1986. Environment Act.
Management of physical resources must have regard to the principles of the Treaty.
In the Court of Appeal, Justice Robin Cooke defined “Treaty principles,” including the invention that “The Treaty established a relationship akin to a partnership between Crown and Maori.” This was a lie.
Maori made an official language of New Zealand. (English is not an official language.)
1987. Conservation Act.
Conservation Boards must consult iwi on all management plans for fish and game.
1988 and 1989.
Prime Minister David Lange promises protection for private property, that “not one single inch of private land is under threat from the Waitangi Tribunal”.
Missing final English (‘Littlewood’) Treaty draft found, and subsequently ignored.
Geoffrey Palmer publishes newly-fashioned “Principles of the Treaty of Waitangi”.
Claimant and Waitangi Tribunal member Hugh Kawharu rejects previous meaning as explained by Hongi Hika and Apirana Ngata, and redefines taonga, kawanatanga and rangatiratanga to strengthen Treaty claims. He thus perverted the meaning of Te Tiriti, to which only the meanings of the words in 1840 are valid.
1989. Education Act.
Acknowledges ‘principles’ of Treaty.
1989. Oranga Tamariki Act.
Requires “Special regard for values, culture and beliefs of Maori people.” But not others.
1989. Public Finance Act.
Nothing in this Part shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi (Te Tiriti o Waitangi).
1990. NZ Bill of Human Rights Act.
Allows for race-based affirmative action.
1991. Resource Management Act.
A local authority may transfer its powers to an iwi authority, compulsory to have an agreement with iwi or hapu to co-govern along with local authority, iwi or hapu are given full power in some areas, the Environment Court prioritises Maori customs, iwi and hapu are official guardians of natural resources, Maori land is exempt from subdivision restrictions, tribes get special rights to geothermal water.
1992. Crown Research Institutes Act.
Ministers must respect Treaty principles when transferring land to a CRI.
1992. Treaty of Waitangi (Fisheries Claims) Settlement Act.
Regulations to give Maori special food-gathering rights.
1993. Te Ture Whenua Maori Land Act.
Recognise that land is a taonga tuku iho of special significance to Maori, with a priority to promote the retention of land. The Preamble has the protection of the rangatiratanga exchanged for kawanatanga in the Treaty of Waitangi (the newly minted version).
1993. Biosecurity Act.
The Minister must consult with tangata whenua when making biosecurity plans.
1994. Maritime Transport Act.
Local tangata whenua must be consulted on contingency plans for marine oil spills.
1996. Auckland War Memorial Act.
The Board must take regard of advice given by Taumata-a-Iwi.
1996. Fisheries Act.
Treaty principles give Maori rangatiratanga over fisheries.
1996. Hazardous Substances and New Organisms Act.
All persons exercising powers and functions under this Act shall take into account the principles of the Treaty.
1997. Royal Society of New Zealand Act.
Employment of personnel must take account of the aims and aspirations of Maori, and the employment requirements of Maori.
1998. Crown Pastoral Land Act.
The Commissioner must take into account the principles of the Treaty of Waitangi.
1998. Ngai Tahu Claims Settlement Act.
This, the fifth “full and final” settlement and the dodgiest of all Treaty settlements, included customary fishing entitlements, barring the public from various formerly public fishing spots in the South Island so that only members of Ngai Tahu tribe can fish there.
1999. Ngati Turangitukua Claims Settlement Act.
Ngati Turangitukua, as landowners, are entitled to be protected under the Treaty.
2000. Employment Relations Act.
Must have regard for the principles of the Treaty.
2000. Hauraki Gulf Marine Park Act.
The Forum must have regard to the principles of the Treaty of Waitangi.
2000. Energy Efficiency and Conservation Act.
Sustainability principles include the principles of the Treaty. All draft strategies must seek input from Maori organisations.
2000. NZ Public Health and Disability Act.
District Health Boards (DHBs) have a Treaty obligation to close the gap between Maori and non-Maori. Each DHB must have at least two Maori members. Treaty principles require DHBs to favour Maori in delivery of health services.
2000. Museum of Transport and Technology Act.
The Board must recognise and provide for biculturalism and the spirit of partnership and goodwill envisaged by the Treaty of Waitangi.
2001. Local Electoral Act.
Allows for separate, race-based Maori wards: Any territorial authority and any regional council may resolve that the region be divided into one or more Maori constituencies.
- Chartered Professional Engineers of New Zealand Act. Requirements to be a good employer include recognition of aims and aspirations of Maori, employment requirements of Maori, the need for involvement of Maori as employees.
2002. Climate Change Response Act.
Requirements to recognise and respect the Crown’s responsibility to give effect to the principles of the Treaty of Waitangi include consultation on any Orders in Council, any forest land allocation plan, any fishing allocation plan with representatives of iwi and
Maori that appear to the Minister or chief executive likely to have an interest. Any independent panel must have at least one member who has the appropriate knowledge, skill, and experience relating to the principles of the Treaty of Waitangi and tikanga Maori to conduct the review; the review panel must consult with the representatives
of iwi and Maori that appear to the panel likely to have an interest in the review; and the terms of reference for the review panel must incorporate reference to the principles of the Treaty of Waitangi.
2002. Local Government Act.
A Local Authority has the power to withhold publication of information where necessary to avoid serious offence to tikanga Maori; must provide opportunities for Maori to contribute to
its decision-making processes; must consider the Maori ward option every six years. Decisions about land and water require acknowledgement of a special Maori bond with nature.
2002. Sport and Recreation New Zealand Act.
Government must promote sport in way culturally appropriate to Maori. But not to others.
2002. Trade Marks Act.
A trade mark may not be registered if likely to offend Maori. Establishes committee to advise whether trade mark is derivative of a Maori sign, text and imagery and likely to be offensive to Maori; the advisory committee must include a member with knowledge of te ao Maori and tikanga.
2003. Families Commission Act.
The Commission must have regard to the needs, values, and beliefs of Maori as tangata whenua.
2003. Gambling Act.
Calls for consultative procedure with organisations representing Maori; distribution of proceeds must have regard to the needs of Maori.
2003. Intellectual Disability (Compulsory Care and Rehabilitation) Act.
If the co-ordinator considers that the care recipient is Maori and the care recipient agrees with that assessment, the co-ordinator must try to obtain the views of any suitable Maori person (wherever possible, a member of the care recipient’s whanau, hapu or iwi) or Maori organisation concerned with, or interested in, the care of persons who have an intellectual disability.
2003. Land Transport Management Act.
Requirement to separately consult Maori where proposed activity may affect Maori historical, cultural or spiritual interests. Agency must establish and maintain processes for Maori to contribute to decision making processes. The Transport Agency may approve a Maori roadway qualifying for payment from the national land transport fund.
2003. National Library of New Zealand (Te Puna Matauranga o Aotearoa) Act.
The Minister must consult with Minister of Maori Affairs before appointing Guardians to the Alexander Turnbull Library.
2003. Maori Television Service (Te Aratuku Whakaata Irirangi Maori) Act.
The board must consist of seven directors, four of whom are appointed by Te Matawai, the independent statutory entity charged with revitalising the Maori language.
2003. Racing Act.
Special consultative procedure appropriate to organisations representing Maori.
2003. Social Workers Registration Act.
The Board must ensure aims and aspirations of Maori as tangata whenua are integral and ongoing priorities.
2003. Television New Zealand Act.
Content must reflect Maori perspectives.
2004. Building Act.
The Chief Executive must recognise tikanga Maori when making a determination.
2004. Crown Entities Act.
The Crown must recognise the aims and aspirations of Maori.
2004. Human Assisted Reproductive Technology Act.
The needs, values and beliefs of Maori must be considered and treated with respect; the board must include one or more Maori members with expertise in Maori customary values; where there is a Maori donor the provider must obtain information of the donor’s whanua, hapu and iwi where available; the Registrar must maintain information on the whanau of donor offspring.
2004. Maori Commercial Aquaculture Claims Settlement Act.
The Crown must provide 20% of space in the coastal marine area for Maori aquaculture.
2004. Maori Fisheries Act.
The Preamble quotes the Freeman version of the Treaty of Waitangi, not the true treaty: “By the Treaty of Waitangi, the Queen of England confirmed and guaranteed to the chiefs, tribes, and individual Maori the full, exclusive, and undisturbed possession of their fisheries for so long as they wished to retain them.” Considerable control of,
and rights to, fisheries are to be handed over to Te Ohu Kai Moana Trustee Limited and to iwi organisations, which must comply with, and implement, a given kaupapa even though the Treaty did not mention fishing rights.
2005. Charities Act.
Almost all Maori entities (iwi, runanga, post-settlement governance entities, etc.) may register as charities. Maori Authorities and Maori Trusts, with combined assets of approximately $15 billion, may then pay virtually nil income tax.
- Fiordland (Te Moana o Atawhenua) Marine Management Act. Maori recognised as guardians under Treaty principle of kaitiakitanga
2005. Public Records Act.
Processes must be in place for consulting with Maori; at least two members of the Archives Council must have a knowledge of tikanga Maori; Council will provide advice concerning recordkeeping and archive matters in which tikanga Maori is relevant.
2005. Registered Architects Act.
The Board must recognise the aims and aspirations of Maori, the employment requirements of Maori, and the need for involvement of Maori as employees.
2006. Geographical Indications (Wines and Spirits) Registration Act.
Establishes a special Maori Advisory Committee.
2008. New Zealand Geographic Board (Nga Pou Taunaha o Aotearoa) Act.
Two board members to be appointed by the Minister of Maori Affairs, who have a knowledge of tikanga Maori and te reo Maori and are able to provide advice in relation to the naming of geographic features and Crown protected areas for which tikanga Maori or te reo Maori is relevant. One Board member to be appointed by Ngai Tahu.
2008. Waitakere Ranges Heritage Area Act.
Council must involve tangata whenua Ngati Whatua and Te Kawerau a Maki.
2009. Local Government (Auckland Council) Act.
An Auckland Independent Maori Statutory Board will promote cultural, economic, environmental and social issues significant for mana whenua and mataawaka.
2009. Methodist Church of New Zealand Trusts Act.
Church to appoint a tumuaki (an executive) to the Hui Poari to lead the tangata whenua, Te Taha Maori within the Methodist Church.
2010. Local Government
(Auckland Transitional Provisions) Act.
Hearings Panel procedure must recognise tikanga Maori where appropriate.
2010. Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act.
Sets up co-governance of the Waikato River.
2010. United Nations Declaration on the Rights of Indigenous Peoples.
National, with its Maori Party partner, supported this declaration, which Labour had refused to do in 2007 on the grounds that it is separatist and violates the principles of democracy and equality.
2011. Environmental Protection Authority Act.
A Maori Advisory Committee will provide advice to any marine consent authority, which advice must be given from a Maori perspective.
2011. Legal Services Act.
Legal aid may be granted for proceedings before the Waitangi Tribunal, which hears claims only from those of Maori descent.
2011. Maori Fisheries Act.
Provides for the development of the collective and individual interests of iwi in fisheries, fishing, and fisheries-related activities in a manner that is ultimately for the benefit of all Maori. [Not for the benefit of all New Zealanders.]
2011. Marine and Coastal Area (Takutai Moana) Act.
This thieving and racist Act, masterminded by National’s Christopher Finlayson to buy the support of the race-based Maori Party in Parliament, is the largest theft of public rights and resources in New Zealand’s history.
Customary Marine Title may be granted to iwi, hapu and whanau over common marine and coastal area (foreshore and seabed); A customary marine title group has, and may exercise, ownership of minerals (other than petroleum, gold, silver, and uranium existing in their natural condition) that are within the customary marine title area of that group out to 12 miles at sea. A tribe may exclude the public from any part of its beach by declaring it to be wahi tapu.
2012. Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act.
Decisions to be informed by a Maori perspective; hearings must recognise tikanga Maori where appropriate and receive oral or written evidence in Maori.
2012. National Animal Identification and Tracing Act.
Values to be protected include the relationship of Maori and their culture and traditions with their ancestral lands, waters, sites, wahi tapu, and taonga.
2012. Nga Wai o Maniapoto (Waipa River Act).
A co-governance entity is set up, based on the Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010 and the Ngati Tuwharetoa, Raukawa, and Te Arawa River Iwi Waikato River Act 2010.
2012. Ngati Manuhiri Claims Settlement Act.
Includes co-governance of the Te Hauturu-o-Toi / Little Barrier Island gift area.
2013. Game Animals Council Act.
Council members must have knowledge of, and experience relating to, Maori hunting interests and kaitiakitanga (being guardianship of natural and physical resources in accordance with tikanga Maori).
2013. Housing Accords and Special Housing Areas Act.
The majority of members of an appointed accord territorial authority panel must have knowledge of and expertise in relation to planning, design, and engineering and appropriate knowledge and experience relating to the Treaty of Waitangi (Te Tiriti o Waitangi) and tikanga Maori (Maori customary values and practices).
2013. Mokomoko (Restoration of Character, Mana, and Reputation) Act.
Pardons Mokomoko for the brutal murder of Rev. Carl Volkner in 1866.
2013. Ngati Whatua o Kaipara Claims Settlement Act.
Claims a partnership: “The relationship between Ngati Whatua and the Crown was founded on the partnership created in 1840 through the signing of the Treaty of Waitangi.” This is a lie as there was no partnership. Includes an apology: “The Crown deeply regrets that the benefits Ngati Whatua o Kaipara were led to expect from the relationship, including benefits from the sale of land, were slow to arrive or were not always realised.” There is a long list of cultural redress properties.
2013. Patents Act.
Establishes a Maori Advisory Committee, whose members must have knowledge of matauranga Maori and tikanga Maori, to advise on any patent application derived from Maori traditional knowledge or indigenous plants or animals, and whether any commercial exploitation is likely to be contrary to Maori values.
2014. Arts Council of New Zealand Toi Aotearoa Act.
At least four members must have knowledge of te ao Maori and tikanga Maori. The Council must recognise in the arts the role of Maori as tangata whenua.
2014. Haka Ka Mate Attribution Act.
As part of the settlement of the historical claims of Ngati Toa Rangatira, the Act acknowledges that Te Rauparaha was the composer of Ka Mate. The haka must be treated with respect: the values which Ngati Toa Rangatira seek to uphold are the ihi, wehi, and wana – the ihi being the spiritual force and the wehi and wana being the emotions that emanate from understanding and performing correctly, inspiring emotional pride in the performer.
2014. New Zealand Mission Trust Board (Otamataha) Empowering Act.
The 1852 Crown Grant that awarded the land to the Church Mission Society was considered to have been in breach of the Treaty principle of active protection. [Such principles of the Treaty were only invented in 1986.]
2014. Tapuika Claims Settlement Act.
Sets up co-governance. The Kaituna River Authority must acknowledge the interests of iwi, and must respect tikanga Maori.
2014. Heritage New Zealand Pouhere Taonga Act.
Scientific investigation of any site of interest to Maori requires the consent of iwi or hapu.
2014. Environmental Reporting Act.
There are requirements to provide for te ao Maori to be an impact category in preparing synthesis and domain reports, to ensure that those reports, and the topics, are informed by a Maori perspective; and for consultation with iwi authorities before regulations may be made.
2015. Hawke’s Bay Regional Planning Committee Act.
There will be a Regional Council committee, with co-governance between mana whenua and elected representatives overseeing development and review of Resource Management Act documents; Committee standing orders must not contravene tikanga Maori.
2015. Ngai Takoto Claims Settlement Act.
There will be tribal rights over conservation land; the parties must work together to develop a wahi tapu framework for the management of wahi tapu including, if appropriate, management by the mana whenua hapu and iwi associated with the wahi tapu.
2015. Te Aupouri Claims Settlement Act.
There will be tribal rights over conservation land.
2015. Te Rarawa Claims Settlement Act.
There will be tribal rights over conservation land.
2016. Environmental Canterbury (Transitional Governance Arrangements) Act.
Two of the members of the transitional governing body must be persons recommended by Te Runanga o Ngai Tahu; members must have knowledge of, and expertise in relation to, tikanga Maori.
2016. Hurunui/Kaikoura Earthquakes Recovery Act.
Members of the Recovery Review Panel should have knowledge of matauranga Maori (Maori traditional knowledge) and tikanga Maori (Maori protocol and culture); the Minister can only remove any member recommended by Ngai Tahu after consultation.
2016. Te Ture mo Te Reo Maori 2016 Maori Language Act.
Maori language is a taonga of iwi and Maori, protected by article two of the Treaty. The Crown has a commitment to work in partnership
to protect and promote the Maori language. [Article two does not mention language; this fiction depends on the falsification of using the alleged modern meanings of words in an 1840 document to create a new meaning of ‘taonga‘.]
2017. Land Transfer Act.
An application for adverse possession cannot be made against Maori land.
2017. Resource Legislation Amendment Act.
Agreements are to provide a mechanism for tangata whenua through iwi authorities to participate in resource and decision-making processes.
- Te Awa Tupua (Whanganui River Claims Settlement) Act. Declares that the Whanganui River has all the rights, powers, duties and liabilities of a legal person; the rights, powers and duties of
the River (Te Awa Tupua) are exercised by two persons (Te Pou Tupua), the human face of the Whanganui River, with mana and skills to perform the functions of Te Pou Tupua (including to develop mechanisms for engaging with, and reporting to, the iwi and hapu); deems the river (Te Awa Tupua) and the two appointed guardians
(Te Pou Tupua) to be the same person for the purposes of the Inland Revenue Acts.
This list is incomplete. The practical application of these statutes are both racist and unfair, e.g. hospitals that have visiting hours and restrictions on visitor numbers but allow Maori patients to have unlimited visitors at any time, and the Victoria University of Wellington School of Design which has limited computers and space for its students but manages to have an entire working area of computers for Maori and Pacifica only, which other students are forbidden to use.
National’s thieving and racist Marine and Coastal Areas Act took the beaches out of Crown (i.e. public) ownership to enable small groups of part-Maoris to claim ownership rights over them, including banning the public from those parts of the coast that it declares “wahi tapu”.
This Government and the last one have given more than $20 million to tribes for legal costs in making their claims against these formerly publicly owned beaches but Treaty Minister, Andrew Little, refused to give any funding to a beach group in Northland that wanted to uphold public rights by objecting to a claim. The public need to know that NOT ONLY HAVE OUR BEACHES BEEN STOLEN FROM US BUT WE, THE TAXPAYERS, ARE FINANCING THIS ACT OF THEFT AGAINST OURSELVES BY ANDREW LITTLE’S FUNDING DISCRIMINATION AGAINST NON-MAORI.
Chief Tuheitia, who calls himself the Maori “king,” expects Maori to be “sharing sovereignty in a Republic of Aotearoa” by 2025. That would mark the end of many of our rights, our democracy and our Western culture. It would be the reversal of the Treaty of Waitangi, which granted sovereignty to Queen Victoria (Article 1), and would represent the triumph of the very tribalism that the chiefs were trying to get away from in 1840 because of its dire effects.
This new racism discriminates against anybody without a trace of Maori blood and deprives them of the full rights of citizenship. At the same time the supposed beneficiaries – part-Maoris who, by receiving so many rights and resources without having to work for them, too often develop lazy and indolent habits which keeps them at the bottom of the socio-economic heap instead of driving them to stand on their own feet. The tribal elite must stop regarding themselves as a nation apart, existing on the largesse of others. They must stop pitting Maoris against other New Zealanders by their separatist agenda and divisive tricks, including smearing as “racist” and “hate speech” any position that supports One Law For All.
In 1831 thirteen leading chiefs of Northland wrote to the King of England, asking for the British to take control of the lawless islands of New Zealand, one of several such requests prior to 1840. “We are a people without possessions,” they wrote. “We have nothing but timber, flax, pork and potatoes” (see Appendix A on page 30). As stated in Myth No. 9, they certainly did not have any property rights as land ownership was determined by military force rather than title deeds guaranteeing the peaceful enjoyment of one’s land.
From this precarious and impoverished position the Maori people have come a long way. The huge improvements in their lives and in the country, that was developed and given infrastructure by the pluck and sweat of the pioneers, is something to celebrate. The new ways and comforts of the modern world, underpinned by British law, have given to the descendants of the tribes freedoms, rights, property, better health, peace and personal safety that tribalism never did and never could. This is a truly great achievement and one of which all New Zealanders should be proud.
The challenge now is not to let this achievement slip away through such recently invented divisive ideas as “bi-culturalism”, a “Crown / Maori partnership,” “co-governance” and race-based preferences for one minority group only. “Racism” is defined as treating people differently by virtue of their race. It has no place in a modern democracy. Let us move forward as one people with the same laws for everyone.