Waitangi Tribunal

The Waitangi Tribunal has released its Pre-Publication Report on the TPPA (5 May 2016). Please find Professor Jane Kelsey’s summary of the findings below, alongside other materials before the Tribunal:

Both the Government and Professor Jane Kelsey prepared brief outlines of the relationship between the TPPA and Te Tiriti:

Wai 2522

Kathy Ertel & Co (23 July 2015)
Disclosure and Consultation – Protection and Recognition – UNDRIP – UPOV91 – Active Protection – Treaty of Waitangi Exception

[32] The claimants assert the TPPA procedurally and substantively prejudices and undermines the guarantees to Māori under the Treaty to the exercise of their tino rangatiratanga in governance decisions that affect them, including their health and wellbeing and their authority and responsibilities as kaitiaki over their lands and resources; esteemed institutions, knowledge systems and customs me o rātou taonga katoa; and the Crown’s performance of associated obligations under the UNDRIP.

Wai 2523

Kathy Ertel & Co (23 July 2015)
Sovereignty – Duty to Consult – Representation – Settlement

[11] Without consultation with or consent from the hapu of Ngapuhi, the Crown is ceding elements of New Zealand’s sovereignty before considering what effect this will have on hapu in light of the Wai 1040 Stage One Report’s conclusions.

[12] The claimants will suffer further significant and irreversible prejudice as a result of the Crown’s actions to towards entering into the TPPA. This Statement of Claim is therefore accompanied by an application for the claim to be heard urgently.

Wai 2530

RightLaw (3 July 2015)
See paragraph [6] of the Claim for the full list of claims.

Wai 2531

Afeaki Chambers (6 July 2015)
Consultation – Representation – Impacts of Maori Health – Future Crown Policy Elements of the Action

[43] The Crown’s proposed entry into the TPPA will cause the claimants irreversible prejudice including: (a) The TPPA will negatively affect Crown policies concerning Māori, and Crown policy indirectly affecting Māori; (b) A denigration of the Te Tiriti good faith relationship between Māori and the Crown; (c) The loss of Māori rights to their own intellectual property; (d) A severe undermining of Tikanga Māori by allowing foreign interference in the decision-making processes of Aotearoa; (e) The TPPA negotiations and any implementation will have a prejudicial impact on Māori in the rightful exercise of their Tino Rangatiratanga, self-determination and self-government.

Wai 2532

Woodward Law (13 July 2015)
Prejudice – Water – Geothermal – Relief –  Elements of the Action

[7] In particular, the New Zealand Māori Council claims that Māori claims to natural resources are or are likely to be prejudicially affected by the Trans- 3 Pacific Partnership Negotiations. Claims that may be prejudicially affected include, but are not limited to the claim of the New Zealand Māori Council and supporting parties to Māori proprietary interests in both freshwater and geothermal resources (Wai 2358).

Wai 2533

Wackrow Williams & Davies Limited (17 July 2015)
Recognise and Protect Rangatiratanga – Kaitiakitanga – Consultation – Transparency – Relief

[18] Ngāti Kahu say the Crown have breached Te Tiriti o Waitangi. Furthermore, Ngāti Kahu say the actions of the Crown concerning the TPPA are inconsistent with and therefore are in breach of one or more of the following principles of the Te Tiriti o Waitangi: (a) The principle of protection and preservation of Māori property and taonga and their right to control such property in accordance with their own customs and having regard to their own cultural preferences; (b) The principle of reciprocity, whereby the granting to the Crown of kawanatanga was in exchange for the Crown’s full recognition of Māori rangatiratanga; (c) The principle of partnership, which carries an obligation on the Crown to act towards its Te Tiriti partner in the utmost good faith.