Te Tiriti o Waitangi – TEU Policy

Posted By TEU on Dec 8, 2011 |


1.0        Background | Te Pūtaketanga

ASTE Te Hau Takitini o Aotearoa and AUS have both had a long commitment to Te Tiriti o Waitangi and to Māori members through their respective structures, Te Rōpū Whakaū[1] and Te Kahurangi Whāiti[2].

This policy was developed by Te Hau Tikanga o Te Tiriti (“Tiriti Partnership Group”) utilising existing policies that ASTE Te Hau Takitini o Aotearoa and AUS had in their individual Associations on Te Tiriti o Waitangi (Schedule A).

The policy is a living document and shall be reviewed at least every two years from the date of approval.  This will be to ensure it is realistic, workable, and continues to evolve in accordance with greater understanding and commitment.

The Tiriti Partnership Group identified the following reasons for the New Zealand Tertiary Education Union (“TEU Te Hautū Kahurangi o Aotearoa”) to develop, implement, and monitor a policy on Te Tiriti o Waitangi.  The policy:

  1. affirms Article 3 of Te Tiriti o Waitangi which describes how rights of citizenship are to be conferred equally on tāngata Māori and Pākehā;
  2. gives effect and practical application to the Rules[3] of TEU Te Hautū Kahurangi o Aotearoa;
  3. recognises the responsibility that the TEU Te Hautū Kahurangi o Aotearoa has to continue to recognise its Tiriti partnership relationship;
  4. indicates that we are a union that recognises the history of our country, what happened regarding the Te Tiriti o Waitangi, and the important status of Māori as tāngata whenua;
  5. acknowledges the principles of consultation, and the right of, and need for, equal input by Māori and Pākehā;
  6. shows the union is committed to, and actively involved in, ensuring social justice;
  7. confirms that the Tiriti partnership is a cornerstone of how we function as an organisation;
  8. illustrates commitment by TEU Te Hautū Kahurangi o Aotearoa to the recruitment, retention, and participation of Māori union members.

The original Tiriti partnership, as set out in the Māori text of Te Tiriti o Waitangi, was between tāngata Māori (rangatira and hapū) and the kāwanatanga.  The union’s commitment to this partnership between the two Tiriti partners – tāngata Māori and Pākehā – is reflected in its rules through its structures, polices, and processes.

In the context of the TEU Te Hautū Kahurangi o Aotearoa Rules and practices, the terms ‘tāngata Māori’ and ‘Pākehā’ follow directly from their usage in the original Te Tiriti o Waitangi document.  Thus, ‘tāngata Māori’ refers to persons descended from the original indigenous people of Aotearoa, while ‘Pākehā’ refers to descendants of all subsequent settler groups to Aotearoa New Zealand (Royal 2009 and King 2003).

The aim of this policy is to clarify for the union and its members our mutual responsibilities as Tiriti partners and tertiary education professionals.  This policy affirms the principle of maintaining and advancing a Tiriti partnership, and that this objective must be accorded the highest priority by the TEU Te Hautū Kahurangi o Aotearoa.

2.0    Preamble | Te Kupu Whakataki

2.1    Policy[4] Statement | Te Kaupapa Pūrongo

The TEU Te Hautū Kahurangi o Aotearoa has an ongoing commitment to a vision of society in Aotearoa New Zealand that recognises Te Tiriti o Waitangi as the founding document of our nation.  As such, the union acknowledges the Declaration of Independence of New Zealand/He Wakaputanga o Te Rangatiratanga o Nu Tireni 1835 (Schedule B), as the precursor to Te Tiriti o Waitangi 1840.

TEU Te Hautū Kahurangi o Aotearoa is committed to upholding its partnership responsibilities to all members through the promotion of, and adherence to, Te Tiriti o Waitangi, as defined by the original Māori text.

The union has in place structures that seek to acknowledge the two partners to the Tiriti relationship (tāngata Māori and Pākehā), and shall implement policies and processes that give practical application to this relationship.

2.2    Purpose | Ngā Whāinga

The policy shall:

  1. acknowledge and clearly define the union’s commitment to Te Tiriti o Waitangi;
  2. give further effect to Object 3.8 of the union’s Rules: “the safeguarding of the rights of Māori members, Te Uepū, and the meeting of the union’s responsibilities to wider Māori communities through the promotion of and adherence to Te Tiriti o Waitangi, in particular by supporting Māori staff in achieving their objectives within the union, tertiary- and further-education and training institutions, the union movement, and the wider community”;
  3. provide a framework for policy development and implementation that enables the union to continue to demonstrate and give practical application to its commitment to Te Tiriti o Waitangi at branch and national level;
  4. highlight wherever possible the obligations of tertiary institutions to Te Tiriti o Waitangi, including those in relevant legislation, Government policies, and strategies.

3.0   Union’s Responsibilities | Ngā Tikanga Whakahaere

3.1    Governance | Te Rangatiratanga

At all levels, the union shall endeavour to give positive application to the principle of tino rangatiratanga in decision-making processes.  For the purposes of this policy this is understood as Māori self-determination on matters affecting Māori.  TEU Te Hautū Kahurangi o Aotearoa shall continue to explore and develop how this might be implemented in practice.

While historically the union has operated a majority decision-making process, TEU Te Hautū Kahurangi o Aotearoa recognises that consensus forms of democratic decision-making better reflects our commitment to the Tiriti partnership and endeavours where practical to model this process of decision-making.

3.2    Annual Conference | Te Hui-ā-Tau

The union’s annual conference is the highest decision-making body of the organisation with representation from all branches, and Te Uepū Māori members.

TEU Te Hautū Kahurangi o Aotearoa is committed to ensuring a strong and effective presence of Te Uepū at Annual Conference as defined in Rule 17 (p16).

3.3    Council | Te Rūnanga

TEU Te Hautū Kahurangi o Aotearoa is committed to ensuring that each Council member should have the opportunity to become well informed about Te Tiriti o Waitangi and the union’s commitments, obligations, and responsibilities in relation to this.

The Council shall therefore:

  1. educate and train its members on Te Tiriti o Waitangi and related issues;
  2. ensure its members are aware of the Te Tiriti o Waitangi related obligations of the tertiary education sector as defined in the relevant legislation, Government policies, and strategies;
  3. support the work of the Tiriti Partnership Group;
  4. hold one Council meeting on a marae each year in consultation with Te Pou Tuarā and Te Toi Ahurangi representatives;
  5. support the aspirations and perspectives of Te Uepū, through consultation with, Te Toi Ahurangi and Te Pou Tuarā;
  6. support the work of and progress the objectives of Te Toi Ahurangi and Te Uepū;
  7. give consideration, when planning dates for TEU Te Hautū Kahurangi o Aotearoa meetings, of other key events that Te Uepū members may attend to avoid clashes e.g. Rātana Day, Te Matatini, Tūhoe Hui Ahurei, Koroneihana celebrations, Te Toi Tauira mō te Matariki conference, etc.

3.4    Te Toi Ahurangi | National Māori Committee

This committee is selected by Te Uepū members at Hui-ā-Motu and assists Te Uepū representatives in providing kaupapa Māori perspectives to the union and in advancing issues of significance to Māori members.

TEU Te Hautū Kahurangi o Aotearoa shall continue to support the work of Te Toi Ahurangi by:

  1. providing opportunities to meet, apart from Hui-ā-Motu;
  2. supporting the participation of Te Toi Ahurangi members in branch and national activity for the union;
  3. incorporating priorities from Te Toi Ahurangi in to the union’s goals.

3.5    Tiriti Partnership Group | Te Hau Tikanga o Te Tiriti

The Tiriti Partnership Group is the committee mandated to ensure the structures, policies, and processes of TEU Te Hautū Kahurangi o Aotearoa reflect our Tiriti partnership.

TEU Te Hautū Kahurangi o Aotearoa shall support the work of the Tiriti Partnership Group by:

  1. enabling two meetings per year;
  2. promoting the role of the Tiriti Partnership Group to union members and staff;
  3. assisting in fostering dialogue about the Tiriti partnership.

3.6    National and Branch Committees | Ngā Kōmiti ā-Motu/ā-Manga

TEU Te Hautū Kahurangi o Aotearoa is committed to the principle that each member of the union’s national and branch committees shall have the opportunity to become well informed about Te Tiriti o Waitangi and the obligations and responsibilities that flow from it.

All committees shall therefore:

  1. encourage the provision of education on Te Tiriti o Waitangi and related issues to committee members;
  2. support the aspirations and perspectives of Te Uepū, through consultation with Te Toi Ahurangi and Te Pou Tuarā;
  3. encourage the work of and progress the objectives of Te Toi Ahurangi and Te Uepū.

National committees shall ensure that Te Uepū representatives are appointed to national committees by Hui-ā-Motu and Te Toi Ahurangi

Branch committees are responsible for ensuring the election by Māori members of Te Uepū member(s) onto branch committees.

4.0   Organisational Structures | Te Hangatanga Whakahaere

4.1    Te Kāhui Kaumātua | Constellation of Māori Elders

TEU Te Hautū Kahurangi o Aotearoa is supported by Te Kāhui Kaumātua whose role is to guide, support, and provide understanding of mātauranga Māori in relation to te reo Māori, tikanga, and kawa for Te Toi Ahurangi, Hui-ā-Motu, Council, the Tiriti Partnership Group, and all members of the union.  Kaumātua also support the industrial, professional, and organisational work of the union and, as of right, can choose to participate on any committee of the Council in an ex-officio non-voting advisory capacity.

The positions shall be financially supported on an annual basis to ensure that Kaumātua are able to participate in union and Tiriti partnership activities.

4.2    Te Uepū | National Māori Network

Te Uepū is a national network of all Māori members, with representation on each branch committee as per Rule 9.3 (p8).

TEU Te Hautū Kahurangi o Aotearoa is committed to encouraging the continued participation of Māori members through Te Uepū by:

  1. supporting the structure to operate effectively, including opportunities to meet kanohi ki te kanohi (face to face);
  2. providing Te Pou Tuarā with a contact person from each branch;
  3. encouraging representation by Māori members on branch and national committees, and in union activity generally;
  4. integrating priorities for Māori members in to the branch’s goals.

5.0    Staff | Ngā Kaimahi

TEU Te Hautū Kahurangi o Aotearoa acknowledgment of the Tiriti partnership and the unique status of Māori as tāngata whenua requires ongoing commitment to the position of Te Pou Tuarā.

Staff shall consult with Te Pou Tuarā, Te Toi Ahurangi, and Te Uepū to:

  1. encourage the participation and involvement of Māori members;
  2. actively progress TEU Te Hautū Kahurangi o Aotearoa goals that relate to Te Tiriti o Waitangi and Māori aspirations.

In addition the union shall:

  1. educate and train its staff on Te Tiriti o Waitangi and related issues;
  2. ensure its staff are aware of the Te Tiriti o Waitangi related obligations of the tertiary education sector as defined in the relevant legislation, Government policies, and strategies;
  3. support the work of the Tiriti Partnership Group;
  4. support the aspirations and perspectives of Te Uepū, through consultation with, Te Toi Ahurangi and Te Pou Tuarā;
  5. support the work of and progress the objectives of Te Toi Ahurangi and Te Uepū;
  6. ensure staff observe tikanga Māori processes in seeking resolution of issues relating to Māori members as outlined in the policy[5].

6.0    Industrial | Te Whakawhitiwhiti

TEU Te Hautū Kahurangi o Aotearoa is committed to collecting, advocating, and supporting claims for Māori and ensuring that these claims are progressed in a manner that is consistent with the strategy for the negotiating process and the union’s bargaining strategy.  Further to this the union shall continue to ensure that wherever possible at least one Te Uepū member will represent Māori members on negotiating teams.

7.0    Communications | Ngā Tikanga Whakapā

TEU Te Hautū Kahurangi o Aotearoa communications shall reflect the union’s commitment to Te Tiriti o Waitangi including:

  1. using language, designs and art work that are reflective of Māori values;
  2. consulting Te Pou Tuarā and Te Uepū (via Te Toi Ahurangi) in developing communications strategies;
  3. writing stories in Tertiary Update and Kua Rangona on issues affecting Māori staff and their communities and in other TEU Te Hautū Kahurangi o Aotearoa publications such as branch newsletters and website.

8.0    Māori Language Protocols | Te Reo Māori Me Ngā Tikanga

TEU Te Hautū Kahurangi o Aotearoa is committed to te reo Māori me ngā tikanga.

The union shall:

  1. promote the use of te reo Māori me ngā tikanga (i.e. reciting the TEU Te Hautū Kahurangi o Aotearoa karakia at union meetings, carrying out a whakatau at the beginning of annual conference, etc.);
  2. encourage the correct pronunciation, macronisation convention, and use of Te Reo Māori within union publications;
  3. provide opportunities for TEU Te Hautū Kahurangi o Aotearoa staff and national officers to learn the correct pronunciation and where appropriate to speak te reo Māori.

9.0    Affiliations and External Relatiohships | Ngā Hononga

9.1    The New Zealand Council of Trade Unions | Te Kauae Kaimahi

TEU Te Hautū Kahurangi o Aotearoa recognises the interests Māori members have in the wider union movement.

Therefore the union shall:

  1. encourage Māori staff and members to participate in wider union movement for Māori such as the Te Rūnanga o Ngā Kaimahi Māori o Aotearoa (CTU Rūnanga) and the CTU Biennial Hui;
  2. promote the interests and concerns of Te Uepū members at CTU meetings and forums.

9.2    International Indigenous | Ngā Iwi Taketake o Te Ao

TEU Te Hautū Kahurangi o Aotearoa acknowledges The Mātaatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples June 1983 (Schedule C), United Nations Declaration on the Rights of Indigenous Peoples 2007 (Schedule D), and recognises the common interests indigenous peoples have world-wide.  Therefore the union shall:

  1. assist Te Uepū members to make links with indigenous peoples and groups through international affiliations such as Education International;
  2. encourage a special relationship between Te Uepū and the indigenous groups within the National Tertiary Education Union, the Australian Education Union, and the Council of Pacific Education by representation at indigenous forums, annual conferences, staff exchanges/visits, and sharing of information.

10.0  Resources | Ngā Rauemi

TEU Te Hautū Kahurangi o Aotearoa shall ensure adequate resources are provided to give effect to this policy.

11.0  Policy Formulation | Ngā Kaupapa Orokohanga

Recognition and consideration of Te Tiriti o Waitangi responsibilities apply to the development of all union policy, including operational, industrial, professional, and external (for example policy position statements for external audiences).  Where there is no specific reference to Te Tiriti o Waitangi rights and obligations within a policy, Object 3.8 of the union’s Rules shall apply.

Through the Tiriti Partnership Group, the Council has a key role in monitoring the union’s fulfilment of its Te Tiriti o Waitangi obligations.  Given its primary responsibility for developing and approving policy, the Council shall address disagreements in policy content and be responsible for addressing concerns or complaints regarding the interpretation or application of policy.

In resolving disagreements or concerns, the Council shall follow the process as outlined in Rule 4.3 (p3).

12.0  Annual Workplan | Te Mahere Mahi-ā-Tau

At the first Tiriti Partnership Group meeting of each year the Group shall develop a workplan for its activities, and identify resourcing implications, for the coming 12 months.

13.0  Glossary | Te Papakupu

  • Hapū – kinship group(s)
  • Hui – meeting
  • Hui-ā-Motu – annual general meeting of Te Uepū Māori members
  • Iwi – extended kinship group, nation, people, nationality, race
  • Karakia – ritual chant(s), prayer(s)
  • Kaupapa Māori – Māori ideology – a philosophical doctrine, incorporating the knowledge, skills, attitudes, and values of Māori society
  • Kāwanatanga  – governorship
  • Kua Rangona – TEU action bulletin
  • Mātauranga Māori – Māori knowledge – the body of knowledge originating from Māori ancestors, including the Māori world view and perspectives
  • Pākehā – directly from usage in the original Te Tiriti o Waitangi document and refers to descendants of all subsequent settler groups to Aotearoa New Zealand
  • Rangatira – chiefs
  • Rūnanga – Māori council/committee
  • Tāngata Māori – directly from usage in the original Te Tiriti o Waitangi document to mean rangatira and hapū
  • Te Kāhui Kaumātua – constellation of Māori elders
  • Te Pou Tuarā –  national Māori officer
  • Te Reo Māori – Māori language
  • Te Tiriti o Waitangi  – Māori text of the original Te Tiriti o Waitangi document
  • Te Toi Ahurangi –  national Māori committee
  • Te Uepū – dual meaning of a Māori TEU member and also the national network of all Māori members
  • Tikanga/kawa – Māori customs/protocols
  • Tino rangatiratanga – for the purposes of this policy this is understood as Māori self-determination on matters affecting Māori
  • Whakatau – welcome speeches, ceremony

14.0  Review date | Te Rā Arotake

November 2013

Schedule A

Te Tiriti o Waitangi – Māori version
Te Tiriti o Waitangi – Kawharu Translation
English Version of the Treaty of Waitangi

Schedule B

He Wakaputanga o Te Rangatiratanga o Nu Tireni – Declaration Of Independence Of New Zealand

Schedule C

Mātaatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples

Schedule D

United Nations Declaration on the Rights of Indigenous Peoples

http://www.un.org/esa/socdev/unpfii/en/drip.html

 

Footnotes

[1]   formed in early 1990s to provide Te Uepū perspectives to the ASTE and in advancing issues of significance to Māori members through the union’s annual workplan.
[2]   established in 1998 in order for AUS to fulfil its goals and objectives under the Tiriti.
[3]   especially 3.8 (p2), 4 (p3), 13.8, 13.10-13.12, 14.4 (p14-15), and Schedule C (p30-33)
[4]   This policy cross-references to the TEU Rules, particularly Object 3.8; Rule 4, 13.8, 13.10, 13.11, 13.12, and 14.4; and Schedule C (Māori and English text of Te Tiriti o Waitangi).
[5]   The role of Te Pou Tuarā and Te Uepū representatives in dealing with Māori member employment relationship problems.

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