Te Rangitūkupu

Te Tiriti o Waitangi/the Treaty of Waitangi is New Zealand’s founding document. It established a continuing partnership between Māori and the Crown, and forms the basis of this Rangitūkupu, Memorandum of Understanding (MOU).

This MOU is to form a basis for the partnership between MFAT and Māori entities to work together on hosting APEC 2021, and realising the opportunities that arise from New Zealand’s year as Chair. It is a first phase in an ongoing partnership for APEC and activities that arise from APEC 2021.

The Ministry of Foreign Affairs and Trade (MFAT) recognises the important role Māori will play as New Zealand hosts in 2021. As such, MFAT wishes to establish a partnership with the Māori entities to enable Māori to participate in the delivery of APEC 2021 and make a meaningful, authentic and impactful contribution to New Zealand’s APEC 2021 hosting.

The Parties to this MOU are Te Taumata, Iwi Chairs Forum (Pou Tahua), FOMA, MWDI, Whariki Māori Network, T3W, Digital Council for Aotearoa, the representatives of the Ngā Toki Whakarururanga establishment process (together, the Māori entities) and the New Zealand Ministry of Foreign Affairs and Trade. For further background on the Māori entities – refer to Annex 1 – Māori entities to the MOU.

The New Zealand Government will organise and host APEC 2021. The Ministry of Foreign Affairs is the Government’s principal agent for pursuing New Zealand’s international priorities and provides advice to the Government on the implications for New Zealand on what is happening in the world. Among other functions, MFAT is the Government’s specialist trade adviser and negotiator.

MFAT is the lead agency responsible for planning and delivering APEC 2021. APEC NZ was established as an all-of-government programme within MFAT to carry out these functions. APEC NZ is governed by several boards and is overseen by the Senior Responsible Officer, Deputy Secretary APEC NZ, Andrea Smith. The Māori Success team leads engagement with Māori to ensure that how we host APEC and what we do reflects Māori interests.

In the exercise of their Tino Rangatiratanga and Mana Motuhake, Māori have a long history of treaty making that carries the obligation to protect and advance their rights and interests and for those exercising that authority to be accountable for doing so. The partnership relationship between rangatiratanga and kāwanatanga recognises and seeks to give effect to Māori rights and Crown obligations under Te Tiriti o Waitangi/the Treaty of Waitangi.

A Partnership Framework between the entities and MFAT shall be based on the following Kaupapa/Principles so as to foster a collaborative partnership and guide the operational mechanisms of this MOU.

The Māori entities enter this Memorandum recognising:

1. That shared authority in the international domain is informed by the domestic relationship between Māori Peoples Whānau, Hapū and Iwi and the Crown and the tino rangatiratanga and kāwanatanga that has endured since the 1835 He Whakaputanga o Ngā Rangatira o Ngā Hapū o Niu Tīreni and 1840 Te Tiriti o Waitangi.
2. The need to preserve mana tuku iho (mana inherited) and mana whakahaere (exercise of that inherited power to preserve and maintain hapū mana and rangatiratanga).
3. The responsibilities of rangatira as leaders to preserve and uphold the mana and rangatiratanga of their hapū and the responsibilities of the Crown to represent Tauiwi.
4. The importance of tikanga-based trading relationships to Māori peoples whānau, hapū and iwi and the significance of trade to the economy of Aotearoa New Zealand and the livelihoods and wellbeing of its people.
5. Information is essential to the exercise of mana and tino rangatiratanga through effective participation in decision-making by collective, participatory, and accountable processes.
6. The need to develop a new approach to trade policy and the negotiation of international trade agreements that gives effect to the Tiriti relationship and establishes mutual respect and collaboration between the parties.
7. Te Tiriti/the Treaty is a relationship of equals. Legally it is an international treaty whereby at least two sovereign nations entered into an agreement to set out how they were to structure their relationship with each other.

MFAT enters into this Memorandum recognising:

1. Te Tiriti o Waitangi/the Treaty of Waitangi is New Zealand’s founding constitutional document. It affirms te tino rangatiratanga o ngā iwi me ngā hapū, and the kāwanatanga of the Crown. It established a continuing partnership between Māori and the Crown.
2. Ka Hikitia te whanaungatanga a te Manatū Aorere me te Iwi Māori: the overarching aspiration for this Tiriti/Treaty partnership is that Māori have confidence in their partnerships with the Ministry of Foreign Affairs and Trade (MFAT) for international trade. Through this agreement both parties wish to develop a mana-enhancing relationship that reflects Te Tiriti/Treaty principles of partnership, participation, protection and prosperity and acknowledges:
   
   (a) the rangatiratanga and status of Māori as Treaty partners;
   (b) mātauranga Māori makes an important contribution to solving policy and practical problems;
   (c) Māori have important resources and capability to contribute to achieving beneficial outcomes
   internationally for Māori and for Aotearoa New Zealand; and
   (d) International trade issues affect Māori and they are must have a key role in determining how their interests are affected and how to approach those matters internationally

The Māori entities enter this Memorandum with the objective to ensure active protection of rights under te Tiriti and tikanga Māori by the ability to protect their rights and interests in relation to trade policy, which can only be given effect to by the exercise of tino rangatiratanga and mana tukuiho, mana whakahaere, mana motuhake in accordance with the values of manaakitanga, whanaungatanga, kotahitanga, kaitaikitanga, and mutual respect.

MFAT enters this MOU with the objective of strengthening the international trade dimension of the Crown-Māori partnership, particularly in relation to APEC. To achieve this, MFAT will:

1. engage with authenticity and integrity to continue to build a genuine and respectful mutually beneficial relationship between the claimants and Aotearoa New Zealand’s international trade policy and practices undertaken by MFAT;
2. open and honest/tika;
3. honest/koi;
4. inclusive/manaakitanga
5. responsive/whakautu;
6. relevant/whaitake.

Established in 1989, the Asia Pacific Economic Cooperation (APEC) forum comprises 21 member economies. APEC’s objective is to enhance economic growth and prosperity for the Asia-Pacific region by striving for free and open trade and investment. APEC aims to build regional economic predictability, prosperity and trust. APEC’s work is focused on regional economic integration. APEC works to reduce tariffs and other trade barriers across the Asia-Pacific region to create efficient domestic economies and increase exports. APEC is a norm-making rather than a rule-making body. APEC achieves its goals by promoting dialogue and arriving at decisions on a consensus basis, giving equal weight to the views of all members.

Each year an APEC member hosts the APEC meetings and serves as the APEC Chair. The APEC host economy is responsible for chairing the Annual Economic Leaders’ Meeting, selected Ministerial Meetings, Senior Officials’ Meetings, the APEC Business Advisory Council and the APEC Study Centres Consortium.

New Zealand is hosting the year-long series of standard APEC meetings which end in November 2021, refer ANNEX 2 – APEC 2021 Meeting Calendar.

The global disruption and uncertainty from the COVID-19 pandemic resulted in a decision to host all APEC 2021 meetings virtually, changing the manner in which Māori and other Indigenous Peoples might engage with APEC. However, APEC still remains one of the most important international events New Zealand will host in a generation. A virtual APEC is a unique opportunity to extend the reach and advance Indigenous dialogue with APEC Members and related bodies, and Indigenous to Indigenous dialogue, and for the knowledge, perspectives and experiences of Māori, and Indigenous Peoples more generally, to influence the region’s trade and economic policy settings. This MOU is a mechanism for interaction with MFAT to enable a collective voice of Māori with an interest in matters affected by economic and trade policy to review, oversee and implement appropriate and effective activities in APEC 2021 and to suggest and develop future APEC-related activities.

This MOU expresses the intent of the Māori entities and MFAT to work together to deliver successfully their mutually agreed outcomes for APEC 2021 and to review and extend this relationship at the end of APEC 2021. It provides a mechanism for the parties to:

• Recognise the mana and give effect to the tino rangatiratanga of Māori;
• Evolve their relationship in accordance with the Kaupapa/principles set out in section 3;
• Work together on developing a kaupapa Māori model of economic trade and investment to inform Aotearoa New Zealand’s approach to APEC;
• Enable a greater number of Māori to actively contribute to APEC 2021 and for analysis and information to be widely disseminated to Māori networks; and
• Deliver results for Māori within the demands of a time bound mega international event.

The Māori Entities will play a key role in working with MFAT, which will use its best endeavours to ensure that the knowledge, perspectives and experiences of Māori, and Indigenous Peoples more generally, have the best possible chance of influencing the region’s trade and economic policy settings and to foster relations between Indigenous Peoples during our host year.

The APEC 2021 Partnership under this MOU is established for a fixed period from May to November 2021. It is a first phase in an ongoing partnership for APEC and activities that arise from APEC 2021. The rōpū will have a specific focus on revising and delivering activities that are relevant and beneficial to Māori who are interested in and affected by trade and economic interests, policy and that connections are forged that create a springboard for future opportunities for Māori within APEC and the Asia-Pacific region.

The Parties acknowledge the status of the other as representatives of the partners in Te Tiriti/ Treaty relationship. This MOU is a statement of the Parties’ mutual intentions and intended relationship. The Parties will work together in good faith to advance joint initiatives. The entities acknowledge that MFAT has responsibilities to consult and engage with Māori stakeholders beyond the Partnership rōpū.

During APEC 2021, the parties will work together on the following specific objectives in relation to APEC

1. Enable a Kaupapa Māori model of economic trade and investment to be promoted through APEC;

2. Identify ways to promote Māori interests in APEC, including Māori economic interests based on Kaupapa Māori;

3. Identify risks to Māori rights, obligations and interests from APEC and solutions to those risks;

4. Promote indigenous to indigenous trading relationships based on indigenous values and processes;

5. Create a platform for Māori to raise and debate issues of importance relating to APEC;

6. Create a platform for Māori and Crown engagement for APEC 2021 and beyond that is considered
Tiriti/Treaty-based, legitimate and durable;

7. Apply the Wai 2522 Mediation Outcome in practice;

8. Pilot a Tiriti/Treaty Audit;

9. Demonstrate the importance that New Zealand places on bringing a shared and inclusive voice to APEC to reflect indigenous values and belief systems;

10. Authentically embed tikanga (Māori values) and kawa (Māori protocols) in the delivery of selected APEC events and inform the New Zealand style of hosting;

11. Deliver a virtual experience that is engaging, relevant and respectful to APEC delegates;

12. Pilot tikanga in a virtual setting and provide ongoing learnings to enable continuous improvement to New Zealand’s hosting;

13. Leverage existing networks to increase participation and understanding of APEC activities and its role in advancing Indigenous Peoples’ trade and economic interests

The Parties agree to work together to review and deliver a work programme and to suggest and develop new APEC-related activities. Refer to Annex 3 – Draft Work Programme.

The Parties will meet monthly to review the work programme and provide assurance, oversight and delivery of key activities. A monthly meeting held from May to November, ideally timed before APEC meeting clusters, which will focus on:

• Policy priorities being advanced in APEC
• Māori and Indigenous participation in events
• Discussions on the most practical way to ensure that Māori can consider how APEC affects their rights and interests and the appropriate basis for future Indigenous engagement
• Upcoming communications eg media, social media and newsletter
• Delegate experience and showcasing of Māori digital cultural and economic trade and investment to be promoted through APEC
• Invitations to APEC member delegations to participate in Indigenous events, where appropriate;
• Consideration and if appropriate drafting of an Indigenous People’s Economic Cooperation Arrangement being negotiated in the margins of APEC.

In addition, the Parties will agree to establish the necessary Ringa Raupa working groups to deliver the intent of the partnership and agreed work programme. Refer to Annex 4 –Draft Meeting Schedule and Te Rōpū Whakaruruhau Responsibilities.

The Parties will meet monthly to plan and deliver the agreed actions with meeting Co-Chairs and terms to be discussed and confirmed. Following each meeting cluster, the Parties will take stock of learnings and apply these to subsequent meetings throughout the year. In addition, the Deputy Secretary APEC NZ and/or Deputy Secretary, Trade and Economic Group may meet with the Māori entities to discuss any issues they may have, and to ensure that the Parties’ shared aspirations are being met under this MOU.

Meetings will primarily be held via video conference, with at least two of the eight meetings in person.

Each Party recognises that achieving the mutually agreed objectives requires a relationship of openness and trust and that for Māori decision-making is collective, participatory and accountable.

These principles will inform the approach to confidentiality of information. As a consequence, confidentiality will be kept to a minimum and the reason for designating information as confidential will be fully explained and, where appropriate, subject to discussion.

Where information is agreed to be confidential, each Party will consult with the other before disclosing any information to third parties they consider should have access to that information.

The Parties understand that information generated under this MOU is subject to the Official Information Act 1982 and Local Government Official Information and Meetings Act 1987.

The details relating to documentation, principal contacts, and fees and expenses are outlined in Annex 5 – Administrative provisions.

The Parties will make every effort to resolve amicably, by direct informal negotiation, any disagreement or dispute arising between them, under or in connection with, this MOU. In doing so the Parties will act in good faith, in a spirit of goodwill and cooperation.

In the event there is a dispute, each Party will continue to perform its obligations under this MOU as far as practical given the nature of the dispute.

This MOU will come into effect on the date that both Parties sign it, and will expire on 30 November 2021 (apart from the review clause).

Any Party may terminate their involvement in this MOU with two weeks’ notice by giving the other Party written notice.

Within a reasonable period of time following the end of New Zealand hosting of APEC in 2021, the Parties will:

1. Conduct a review of this MOU in relation to the activities undertaken and future activities under APEC, against its kaupapa, principles and objectives.
2. Undertake a pilot Tiriti/Treaty audit.

As part of the review process, the parties will decide how best to continue the ongoing partnership for APEC and activities that arise from APEC 2021.

Signed in Tāmaki Makaurau on Friday 11 June 2021:

Nikora Ngarepo,
Trustee, Digital Council for Aotearoa

Traci Houpapa
Chair, Federation of Māori Authorities (FOMA)

Ngahiwi Tomoana
Chair, Iwi Chairs Forum, Pou Tahua

Teresa Tepania Ashton
CE, Māori Women’s Development Incorporation (MWDI)

Pita Tipene,
Member, Ngā Toki Whakarururanga

Karamea Insley
Chair, Te Taumata

Barry Soutar
Executive Director, Te Tira Whakangoi (T3W)

Heta Hudson
Chair, Whariki Māori Business Network
p.p Jamie Rihia

Andrea Smith
Deputy Secretary, APEC New Zealand

Vangelis Vitalis
Deputy Secretary, Trade and Economic Group