Engagement with Māori on Internatio

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Strategy for Engagement with Māori on International
Treaties
Objectives
Nature of Engagement
Opportunities for Engagement
Ongoing Engagement
Summary of Key Elements of the Strategy
Objectives
To identify areas of developing international law of relevance to Māori interests and the Crown's Treaty of
Waitangi relationship, and in particular, new international treaties which may make a potential impact on
Māori.
To ensure that issues of relevance to Māori in international treaties are identified early, and that engagement
with Māori on a particular treaty is appropriately tailored according to the nature, extent and relative strength
of the Māori interest.
To ensure that engagement with Māori is effective and efficient in its use of government resources.
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Nature of Engagement
The onus is on the lead agency to identify at an early stage, on the basis of consultation with Te Puni Kokiri if
necessary, whether there is a need for engagement with Māori. The government department or agency that
leads New Zealand’s involvement in respect of a particular international treaty will be determined largely
according to the subject matter of the treaty.
If it is considered that Māori involvement is required, the lead agency will be responsible for establishing the
appropriate degree and nature of this involvement based on the nature, degree and strength of Māori interest.
To ensure the most efficient use of resources, both for government and Māori, the appropriate form of
engagement will need to be considered on a case by case basis for each international treaty where there is a
Māori interest. Such engagement will range from raising awareness of the issues involved through the
dissemination of information papers, right through to full consultation with Māori.
In developing the government’s position on international treaties, other interested parties as well as Māori will
need to continue to be engaged and have their interests considered. In some cases Māori concerns will be
one of the most important factors in developing the government’s position (for example international treaties
dealing with the rights of indigenous peoples).
It is recognised that there will not be a need to involve Māori in discussions on all treaties but that the focus
must be on ensuring that this occurs on international treaties concerning issues of relevance to Māori. In
general terms, Māori involvement would be expected on any treaty action affecting the control or enjoyment of
Māori resources (te tino rangatiratanga) or taonga as protected under the Treaty of Waitangi.
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The following list provides an indication of the matters that are likely to be of interest to Māori in respect of
these resources or taonga:
intellectual and cultural property
foreign investment
genetic resources
Koiwi tangata and Mokomokai
New Zealand flora and fauna
use of natural physical resources
indigenous rights
national language
human rights
immigration
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employment
education
Opportunities for Engagement
Opportunities for Māori involvement in international treaties exist during all phases of treaty making. The
following opportunities arise at each of the principal phases of the treaty-making process:
on relevant issues in proposed new treaties and agreements currently under consideration - bilateral
and multilateral
when preparing mandates for the negotiation of treaties in which Māori have interests
on developments of likely relevance to Māori before and during the negotiation of treaties relevant to
Māori, including efforts to protect Māori interests
on any legislation necessary to enable New Zealand to give effect to obligations assumed under the
treaty
on Cabinet Papers, including the paper proposing ratification or accession to the treaty (and any
legislation needed to implement it)
through the International Treaty Examination Process including on the National Interest Analysis (NIA)
which accompanies the treaty when it is tabled in the House pursuant to Standing Order 384
on any aspects of the implementation of an international treaty that impact on Māori.
Ongoing engagement
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The Ministry of Foreign Affairs and Trade will distribute to iwi and Māori organisations, a six monthly report on
international treaties currently under negotiation or consideration as a means of ensuring that Māori are,
wherever possible, kept informed of developments in the government’s participation in the international legal
framework. This list will also be forwarded to the Foreign Affairs Defence and Trade Select Committee.
In order to be able to furnish an accurate and complete report of treaties under negotiation, other departments
will be required to inform MFAT of all negotiations in which they are involved.
Engagement with Māori on particular treaties will enable the development of an ongoing relationship with
Māori on matters of interest to them. It should extend beyond initial consideration of international treaties by
the government to the implementation of such treaties. As part of this development of an ongoing relationship,
iwi will be invited to provide feedback to the lead agency responsible for a particular treaty.
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Page last updated: Monday, 16 July 2007 10:01 NZST
Summary of key elements of the strategy
Lead agency to identify whether proposed treaty is of interest or relevance to Māori, in consultation
with TPK if necessary
Where Māori involvement is considered appropriate, lead agency to draw attention to matters of likely
significance for Māori and to establish the appropriate nature, extent and timing of engagement with
Māori
Lead agency to ensure the appropriate engagement with Māori occurs
Agencies to inform MFAT of all international treaty negotiations in which it is involved. MFAT will
produce and distribute to TPK, iwi and Māori organisations a six monthly list of international treaties
currently being negotiated.
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