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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.
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.
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:
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:
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.
