Newsletter: June 2024

Mānawatia a Matariki – a message from our co-convenors

Tēna rā koutou me a koutou whānau i roto i ngā manaakitanga o Matariki.

Kōia tēnei te wā ki te nohotahi, ki te toutou i te kāpura, ki te whakawhitiwhiti kōrero, ki te kaitahi, arā, ki te āta whakaaro mo ngā kaupapa kua oti i te tau kua pahure mai nei, me te titiro ki te taumata e tumanakohia ana i te tau e tu mai nei.

The current reappearance of the whetu of Matariki in the early morning sky brings to a close the past year and heralds the beginning of the new year with all of its opportunities and challenges.

In days gone by, the cold conditions provided an opportune time to gather inside and around the fire to both reflect on the past year and to plan for the seasons ahead.

For Ngā Toki Whakarururanga, we are eager to build on the strong foundations that we’ve set over the past few years and to be true to our geneses, the aspirations of our people, many of whom have left our mortal world and our strategic kaupapa.

Our agreed kaupapa or purpose is: ‘Kia pūmau ki te kupu, tutuki noa ngā taonga tuku iho’ or ‘Our duty and responsibility is to protect and advance Māori rights according to Te Tiriti o Waitangi me He Whakaputanga’.

With the policies of the current coalition government severely corroding the progress made over the past decades and particularly around the Te Tiriti o Waitangi and He Whakaputanga, the work of Ngā Toki Whakarururanga is needed more now than it’s ever been.

Kia kaha rā tātou kia māia, kia manawatōpu! Nā Pita Tipene māua ko Moana Maniapoto.


Tiriti assessments of new trade agreements

The Crown has just concluded a number of new treaties that have worrying Tiriti o Waitangi implications. These include an Agreement on Climate Change, Trade and Sustainability (ACCTS); Indo-Pacific Economic Framework agreements on the “clean economy” (as well as supply chains and corruption and tax); and an update of an agreement between Australia, New Zealand and the 10 ASEAN countries (AANZFTA).

Ngā Toki Whakarururanga made extensive inputs into these negotiations, but you wouldn’t guess that from the final text! Ngā Toki Whakarururanga has the mandate under the Mediation Agreement with the Crown in the TPPA claim (Wai 2522) to conduct Tiriti o Waitangi assessments of those agreements. Watch out for these soon.


The Climate Change Priority Kaupapa Inquiry (Wai 3325)

Consistent with our initial assessment that agreements like the ACCTS and AANZFTA fail the Crown’s Tiriti obligations in relation to te taiao (environment) and the climate crisis, Ngā Toki Whakarururanga has made a last minute application to become a claimant in the Waitangi Tribunal’s Climate Change Priority Kaupapa Inquiry. This is consistent with (but separate from) our project on Te Taiao and Climate Change funded by the Borrin Foundation.

The statement of claim focuses on the interface between international treaties that relate to climate change and domestic legislation, policy and actions in two ways:

1. The agreements promote solutions to the climate crisis like “ocean-based”, “nature-based”, “blue carbon” and “green energy options” that are antithetical to Te Ao Māori, tikanga, Māori values and mātauranga, and impact on Rangatiratanga and the authority mana whenua have over their taonga and environments, and the role of mana whenua as kaitiaki of those minerals, places, and their connected waterways, ecosystems and the mātauranga and tikanga surrounding all of them;

2. Investor rights to sue governments over climate policies (investor-state dispute settlement or ISDS) have the potential to pre-empt or chill the adoption of strategies, policies and laws that genuinely reflect Māori and Indigenous worldviews, and Te Tiriti, and that can provide tangible redress for Māori affected by the climate crisis.  


Te haerenga ki Turtle Island

Left to right: Traci Houpapa (co-chair IPETCA), James P Dehart – US Consul General to Canada, Penny Flanagan, Lieutenant Governor of Minnesota, David Cohen – US Ambassador to Canada, Pita Tipene (co-chair IPETCA) and Tane Waetford (co-chair IPETCA)

Co-convenor Pita Tipene travelled to Canada and Washington DC from June 16 to 23 alongside Traci Houpapa and Tane Waetford. Together, all three are co-chairs of IPETCA (Indigenous People’s Economic and Trade Arrangement).

IPETCA emerged out of New Zealand’s hosting of Asia-Pacific Economic Cooperation (APEC) 2021 and is a ground breaking international waka aimed at strengthening the economic inclusion of indigenous peoples through trade and investment. It is indigenous led and government supported. IPETCA looks to address key indigenous trade issues, raise awareness of indigenous economies around the world while encouraging economic cooperation between indigenous peoples.

The main focus for travelling to Canada was to meet with indigenous representatives including government agents to discuss how the IPETCA co-chairs can support Canada who do not currently have Indigenous representation on the IPETCA. The visit also allowed the team to bolster the US representation on IPETCA who currently hold observer status.

The haerenga

The trip started in Vancouver where the roopu took part in the Indigenous Agricultural Forum to speak about the IPETCA and the role it can play to support trade outcomes with and between Indigenous Peoples and governments.

While in Vancouver, they were honoured to be included in the inaugural US-Canada Indigenous trade mission, and to meet develop good working connections with the likes of the British Columbia Assembly of First Nations. This was a great start to the journey and was the beginning of a host of meetings to network and personally build and enhance relationships with indigenous peoples on Turtle Island.

This was a great start to the journey and was the beginning of a host of meetings to network and personally build and enhance relationships with indigenous peoples on Turtle Island.

The roopu were hosted by David Cohen, the US Ambassador to Canada and the US Consul General to Canada, James P Dehart, amongst other top diplomats like Under Secretary Alexis Taylor and Penny Flanagan, Lieutenant Governor of Minnesota, who all underscored the importance of Indigenous trade and more importantly Indigenous values.This was a great start to the journey and was the beginning of a host of meetings to network and personally build and enhance relationships with indigenous peoples on Turtle Island.

Pita Tipene with Canadian Minister of Export Promotion, International Trade and Economic Development Mary Ng, left, and Canadian journalist, philanthropist and Toronto Metropolitan University Chancellor Donette Chin-Loy Chang.

Ottawa

Flying to Ottawa on the second leg the team were superbly hosted by the NZ High Commission based there (in particular by Iain Wood) and that part of the trip provided an important opportunity to meet with Global Affairs Canada and to discuss approaches and strategies to advance Indigenous issues.

Pita and the team enjoyed meeting in person with the likes of Emilie Carrier, closely involved in the CPTTP and with Jennifer Hopkins and colleagues from Indigenous Affairs Canada and CIRNAC to discuss the IPETCA.

In Washington DC they met with the likes of Brian Schatz, Senator representing Hawai’i since 2012.  As Chairman of the Senate Committee on Indian Affairs, Schatz is committed to advancing Native priorities and honouring the federal trust responsibility to American Indians, Alaska Natives, and Native Hawaiians.

They also met with the IPETCA representative from the USA, Chris Wilson and honoured to be joined for lunch by the US Treasurer, Chief Mutáwi Mutáhash (Many Hearts), Lynn Malerba. They also had a chance to meet up with their own whanaunga while there. For instance Pita met his niece Maraea Tipene for breakfast. Maraea works in the NZ Embassy in Washington DC.

In Toronto, Pita and Tane were pleased to tautoko Traci who spoke as part of a CanWIN (Canadian Women’s International Network) panel of Indigenous women leaders, again to speak about and highlight IPETCA and the collaboration opportunities across our region.

In particular, they once again met with the inspirational Mary Ng. Mary has served since 2018 as Canadian Minister of Export Promotion, International Trade and Economic Development. She is a strong supporter of IPETCA.

Canada remains an important cornerstone IPETCA partner and hence the concerted effort by our co-chairs to visit there and have quality time with a host of key representatives.

As hosts of IPETCA and as inaugural co-chairs, Pita, Traci and Tane are obviously keen to successfully lead IPETCA and enusre that it has tangible results for our people here in Aotearoa and our indigenous kin in their respective nations.

E tā te kōrero, titiro ki ngā taumata o te moana.


Digital deep dive wānanga

Dr Jane Kelsey with recipients of the digital deep dive wānanga.

Ngā Toki Whakarururanga is committed to building Māori capacity to analyse free trade agreements through the lens of Te Tiriti. On July 4 to 5, we hosted a two-day intensive wānanga on trade agreements in the digital space and the implications for Māori data sovereignty and digital governance. This is one of the Te Pae Tawhiti projects funded by Te Puni Kokiri over the past year.

The workshops were led by Ngā Toki Whakarururanga pūkenga Dr Jane Kelsey. Over the course of the workshop, participants covered the history, context and political economy of trade agreements in the digital space; the landscape of trade agreements affecting the digital and data across the World Trade Organisation and FTAs; the architecture of agreements and how texts in different chapters impact on data and digital issues; and the lack of effective protections for Te Tiriti in those agreements.

Dr Jane Kelsey with recipients of the digital deep dive wānanga.