New Zealand Māori Council

The New Zealand Māori Council is a body for the representation of and consultation with the Māori people of New Zealand.

History and structure

The New Zealand Maori Council also, Te Kaunihera Maori o Aoteaora, was created by the Maori Welfare Act 1962 (renamed the Maori Community Development Act 1962 by the Maori Purposes Act 1979[1]) The Council has a proud 50-year record advocating for Maori interests. The Council has continuously exerted pressure on governments to protect Treaty of Waitangi rights with policies that further partnership, protection, consultation and compensation for Maori. This has achieved significant results for Maori in terms of land, forestry, fisheries, language and radio frequency spectrum. The unique feature of the NZ Maori Council is its statutory mandate to work for and on behalf of the greater Maori community.

It is formed from an executive and representatives from 16 District Māori Councils. Currently the executive committee is chaired by Sir Taihaikurei Edward Durie. The Council has advocated for Maori interests for over 50 years including involvement in a number of Treaty of Waitangi disputes, representing Māori who wish to be dealt with altogether, rather than iwi by iwi; it frequently acts as the legal entity representing disparate groups of iwi and hapū.[2][3][4]

The 1987 "Lands" case

The Council's opposition to the State Owned Enterprises Act 1986 helped create Section 9 which said 'Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty'. It also resulted in the first written version of the Treaty principles that spell out the doctrine of partnership, protection, consultation and compensation for Maori. The Council was the plaintiff in the historic New Zealand Maori Council v Attorney-General case in 1987 that successfully blocked the Labour Government from alienating land and resources that would be subject to Waitangi Tribunal in transfers to state-owned enterprises.

Te Ture Whenua Act 1993

The Council led the 1993 reform of Maori land which resulted in the Te Ture Whenua Maori Act 1993. The Council has also been identified as a key stakeholder in the 2016 Te Ture Whenua Bill.

Maori Forestry

When the Crown intended to sell off the Country's prime forestry assets, there was a total disregard for Maori claims to ownership of the underlying lands. Without the Council's timely intervention, the lands in dispute would have been sold off and the income from the forests on the land would have gone entirely into the Government's consolidated accounts. The Council established the Crown Forestry Rental Trust to assist claimants with research. This protective mechanism has prevented the sale of the forests and has resulted in claimants receiving $160m with a $385 held in securities.

Fisheries

The Council was party to negotiations that led to the 1989 Maori Fisheries Act and the 1992 Sealord settlement together valued at $700m. To date $526m has been transferred to iwi.

Maori Electoral Option

The Council took the Crown to the Waitangi Tribunal for not upholding the tino rangatiratanga of Maori. As a result, funds were made available for Maori organisations to enrol Maori, thereby increasing Maori seats from four to seven.

Maori Television

The Council held the Crown accountable to its 1993 promise to establish a Maori Television channel. Almost half a billion dollars has been invested in Maori television programming and broadcasting over the past eleven years. The Maori Television Service now broadcasts over two channels.

Maori Radio Stations

In 1992, the NZ Maori Council took the Crown to the Court of Appeal and then to the Privy Council to appeal the transfer of broadcasting assets. As a result, Te Mangai Paho was set up to fund Maori language programming and 21 Maori radio stations provide services to their communities. Te Mangai Paho now spends $55m a year to support Maori language programming.

Court action against partial privatisation of energy SOEs

In 2012 the Council filed an application in the High Court for a judicial review of various Government decisions in an attempt to postpone the Government's mixed ownership model policy of partial privatisation. In December 2012, the High Court ruled against the Māori Council, saying there was nothing in selling the assets to private investors that would prevent future Treaty of Waitangi claims.[5] Council lawyer Donna Hall said the decision wasn't unexpected, but spokesperson Rahui Katene said it was disappointing. Prime Minister John Key described the government's court victory as "crushing".[6]

Māori Community Development Act 1962 review claim

In September 2013, the Council filed a claim with the Waitangi Tribunal over the Government's review of the Māori Community Development Act 1962.[7] The review of the Act was announced in August 2013 by then Minister of Māori Affairs, Pita Sharples, and the Council's claim to the Tribunal is that the consultation on the review of the Act is inconsistent with the principles of the Treaty of Waitangi. The Council's argument is that the review of the Act had been Crown-led, which was inappropriate for a Māori body, and that there should have been direct Crown–Maori negotiations from the beginning.[8] The Waitangi Tribunal released the Whaia te Mana Motuhake / In Pursuit of Mana Motuhake: Report on the Māori Community Development Act Claim on 8 December 2014 and included a series of recommendations about the management of the wardens which the Council and Te Puni Kokiri are working to implement.

References

  1. ↑ "Maori Purposes Act 1979(as at 22 October 1998)". Legislation.govt.nz. 1998-10-22. Retrieved 2012-11-05.
  2. ↑ Vernon Small (2012-10-19). "Maori legal action to halt asset sales begins". Stuff.co.nz. Retrieved 2012-11-05.
  3. ↑ "Government Pushes on with Treaty Deal over Forest". Nzherald.co.nz. 2007-08-17. Retrieved 2012-11-05.
  4. ↑ "Haste over spectrum move wins no backers". Nzherald.co.nz. 1999-10-21. Retrieved 2012-11-05.
  5. ↑ "Asset sales back on track". 3 News NZ. 12 December 2012.
  6. ↑ "Court ruling upsets Maori Council". 3 News NZ. 12 December 2012.
  7. ↑ New Zealand Maori Council. "Māori Community Development Act Claim". maoricouncil.com. Retrieved 28 November 2014.
  8. ↑ Bennett, Adam (27 September 2013). "Fears for future of Maori Council". The New Zealand Herald. Retrieved 28 November 2014.
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