On 1 May 2023 Meka Whaitiri was a little known Minister in the Labour government. She had caused a stir in 2018 as Minister for Customs for her treatment of staff and was relieved of her ministerial portfolio by the then Prime Minister, Jacinda Ardern. Following the 2020 general election she was reappointed as Minister of Customs and Associate Minister of Agriculture (with responsibility for animal welfare) while being appointed as Minister for Veterans and Associate Minister of Statistics. She additionally became Minister for Food Safety in June 2022.
Tom Henry put a post on Facebook drawing attention to an article by Andrew Austin on the Hawke's Bay App, a Media/News Company in Napier relating the views of Meka Whaitiri on the meaning of co-governance in the Treaty. (Here)
On the evening of 2 May 2023, it was reported by Te Ao Māori News that Whaitiri intended to waka-jump from Labour to the Māori Party the next day.
Fortunately the earlier report, with its accompanying video, gives us some insight into the views of Ms Whaitiri on co-governance and the ownership of water. These are important issues given that Ms Whaitiri is joining the Maori Party. That party is no longer satisfied with co-governance in respect of water but is pushing for total ownership of water by Maori. https://thetreatyfacts.blogspot.com/p/do-maori-own-water.html
Meka Whaitiri comments are reported below, with each being followed by a statement in blue setting out the correct situation:
Co-governance is not about Māori taking over, but rather about ensuring better delivery of Treaty of Waitangi promises, says Government Minister Meka Whaitiri. Whaitiri, who is also the MP for Ikaroa-Rāwhiti, says that the term co-governance is not new, having been first mentioned in the Treaty of Waitangi.
“If you read the Treaty of Waitangi, it actually talks about co-governance in the three articles, the first one being governance. It is the Treaty Partnership, that’s what it is.
New Zealand's Court of Appeal ruled in the Lands case in 1987 that sovereignty was ceded to the Crown in Article 1 of the Treaty and was confirmed by Captain Hobson's assertion of sovereignty by proclamation a few months later.
https://thetreatyfacts.blogspot.com/p/article-1-did-treaty-cede-sovereignty.html
The word co-governance was not mentioned in the Treaty. It originated following various Treaty settlements for rivers and natural features such as the Waikato river and the Whanganui river. They were to be governed by a board made up of Maori and non-Maori representatives. It was in fact a co-management of an asset in which Maori had been granted a substantial interest.
The expression co-governance was then extended to mean shared governance of any asset, even when there was no Treaty settlement in respect of that asset. It was then extended further to mean co-governance of the country based on the partnership of Crown and Maori as, supposedly, set out in the Treaty. This was despite the fact that Partnership is not mentioned in the Treaty and the courts have stated categorically that the Crown acquired sovereignty in 1840 and that there is a mutual fiduciary-type relationship between the Crown and Maori in respect of the Crowns guarantee under Article 2.
And I'm miffed as why people think it's an issue or it's something special because it's something two peoples founded in this country back in 1840. So that's what it is.”
Not true. Co-governance is a modern concept, a slogan, with no basis in fact or law.
Whaitiri said the answer to the question of ownership of water depended on who you asked.
“If you look at the treaty again, look at article two, it says iwi Māori would have undeterred possession of their natural resources, which includes water.
Not true. Natural resources and water are not mentioned in Article 2. Maori and all the people of New Zealand are guaranteed ownership of their land villages and taonga. Taonga means possessions or treasures but the latter interpretation has been accepted by the courts. Successive governments have made it absolutely clear that although iwi may have some customary rights in respect of certain areas of water, and Treaty settlements have been reached on that basis, Maori do not have any ownership of water in New Zealand.
So, we would argue, under the treaty, that Māori do own water. But obviously, for some people, governments, successive governments, nobody owns the water. So, we can have different views in this country. Māori think they own it, government thinks no one owns it, and other people think maybe somebody else owns it.”Asked by Hawke’s Bay App who she thinks owns the water, the Minister said: “I'm a Māori, I follow the Treaty of Waitangi. And that's what was guaranteed by those of my ancestors. And I have ancestors who actually signed the treaty. So, I have to believe that they signed it for a purpose and a certain level of guarantees.”
In other words, her understanding of the Treaty is not based on facts and the law, but on a set of beliefs based on trust in her ancestors.
It is a sad reflection on New Zealand today that government Ministers can misrepresent important facts that seriously affect the way in which new Zealand is being governed and the press simply reports the comments without any balance or critical assessment of the comments. It means that politicians are given carte blanche to put a spin on any issue in full knowledge that it will not be challenged in any way by the media.
It also reflects badly on those who should know better. Where are all the lawyers and others who are aware of the truth and who know that the truth is being distorted in a report such as the above, but sit back and do nothing, and let the mischief go unchallenged?
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