raukawa-mihinare constitutional model - teaho.maori.nz

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Raukawa-Mihinare Constitutional Model Our People, Our Future, Our Way Kia Māori 24/7:2040 Te Wānanga o Raukawa Ōtaki Whatarangi Winiata 18 November 2013

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Page 1: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Raukawa-Mihinare Constitutional Model

Our People, Our Future, Our Way

Kia Māori 24/7:2040

Te Wānanga o Raukawa

Ōtaki

Whatarangi Winiata

18 November 2013

Page 2: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Kāwanatanga & Tino Rangatiratanga

Article One provides for kāwanatanga to be expressed by the Crown; while…

Article Two guarantees Māori the freedom to pursue tino rangatiratanga over all of their possessions referred to as taonga

• Recurring tension arising out of conflict between the first two articles of Te Tiriti o Waitangi

• No constitutional arrangements to address and resolve the tension in ways that are orderly, efficient and inexpensive

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Page 3: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Taonga tuku iho

Tangible items, examples include land, wāhi tapu, water ways, lakes and wetlands, foreshore, seabed and toi Māori

Intangible items, examples include te reo, mātauranga, mōteatea, matatini, aronga whānui

Iwi, hapū, whānau and individual Māori are guaranteed tino rangatiratanga over themselves and over tangible and intangible taonga

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Page 4: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Raukawa - Mihinare Model Our task - to design a constitutional model that will contribute to the survival of Māori as a people in ways that are consistent with Te Tīriti o Waitangi

The constitutional arrangements that provide for the reconciliation of kāwanatanga at all levels and tino rangatiratanga Raukawa District Māori Council: Representatives of Rangitāne, Muaūpoko, Raukawa ki te Tonga; and of Te Wānanga o Raukawa, Rangiātea Church, the Ōtaki Māori Racing Club draft a constitutional model “Raukawa” model on constitutional arrangements for the Nation unveiled at Tūrangawaewae in 1984. The name “Raukawa-Mihinare Model” emerges

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Page 5: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Key elements

Three houses:

• Tīkanga Māori House where Māori partner plans and

prepares their proposals

• Tīkanga Pākehā House where the Pākehā partner plans

and prepares their submissions

• Two-Tīkanga House where a Council of representatives

of the two Tikanga houses consider individual and joint

proposals against a set of criteria

All proposals tested against Te Tīriti o Waitangi

Decision making within both the Māori and the Two-

Tikanga house is by consensus

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Page 6: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Model for the Nation

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TREATY OF WAITANGI HOUSE

A two-tikanga house: Pākehā and Māori

POSSIBLE MEMBERSHIP

21 Pākehā; 11 Māori

TIKANGA PĀKEHĀ HOUSE

To produce proposals for legislation. Operating within tikanga Pākehā with own electoral system; probably MMP, would probably have party politics

MEMBERS: Possibly 75 LOCATION: Probably Wellington

Proposals for

legislation

Voting in Treaty of Waitangi House To be passed, motions will require a majority

of the representatives of each Tikanga to be in

favour

Role of Treaty of Waitangi

House a) Receive proposals for legislation

from the houses shown below,

separately or jointly,

b) Test those proposals against:

• Te Tiriti o Waitangi,

• Fulfilment of rules for consultation

between the other 2 houses, and

c) If both tests are met, pass the

proposals into legislation or

d) If not, return them to either or both

houses for further work

TIKANGA MĀORI HOUSE

To produce proposals for legislation. Operating within tikanga Māori with own electoral system; would probably avoid party politics; formulate and implement policy to exercise tino rangatiratanga over taonga tuku iho

MEMBERS: Possibly 25 LOCATION: Possibly Turangi

1 to accommodate hapū, iwi, waka, pan-Māori marae based and those apart

Page 7: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Anglican Church of Aotearoa, NZ & Polynesia

• Māori began joining the Church in 1814;

• Constitutional conference (no Māori present) produced the

1857 constitution - A one head, one vote model implicit in

church decision making for 135 years (1857 to 1992)

• Anglican Church’s attention to Te Tiriti o Waitangi in 1980s

led to amendments of their 1857 constitution in 1992; a

major amendment was the adoption of the Mihingare

Raukawa model

• Anglican Church adopted revised constitution in 1992

• Neither partner to the Tīriti can outvote the other

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Page 8: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

Anglican Church

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GENERAL SYNOD A three-tikanga house:

Pākehā , Pasifika & Māori •Tikanga Māori •Tikanga Pākehā •Tikanga Pasifika

TIKANGA PĀKEHĀ 7 Dioceses

Decision making in General Synod To be passed, motions will require a

majority of the representatives of each

Tikanga to be in favour

Role of General Synod:

a) Receive proposals from the Tikanga Māori, Tikanga Pasifika and Tikanga

Pākehā, separately or jointly

b) Test those proposals against:

• Te Tiriti o Waitangi,

• Fulfilment of rules for consultation and engagement between the 3 Tikanga

Councils, and

c) If both tests are met, pass the proposals or

d) If not, return them to Tikanga for further work

TIKANGA MĀORI

5 Hui Amorangi

TIKANGA PASIFIKA 3 Dioceses

Page 9: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

• Trust Board was created by Parliament in 1943

• To manage the assets of the Board with a view to

providing scholarships for the children of Te Ātiawa,

Toarangatira and Raukawa

• Owns a dairy farm and run off; other assets include

property and investments in telecommunications

• In 2012, Greater Wellington Regional Council looked to

implement water management strategies that interfered

with the tino rangatiratanga of the Board over its taonga

• 2012-2013 discussions over possible implementation of

constitutional arrangements

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Ōtaki & Porirua Trusts Board

Page 10: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

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Otaki & Porirua Trusts Board and the Greater Wellington Regional Council

Proposals for

adoption

TREATY HOUSE Two-Tikanga house with

representatives of Pākehā and Māori

Tikanga Houses

TIKANGA PĀKEHĀ HOUSE

TIKANGA MĀORI HOUSE

• Ngā Hapū o Ōtaki • Ōtaki & Porirua Trusts

Board

Page 11: Raukawa-Mihinare Constitutional Model - teaho.maori.nz

He patai?

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