The right of a court to hear a particular case, based on the scope of its authority over the type of case and the parties to the case.
Authority or control – “islands under US jurisdiction; a bureau with jurisdiction over Native American affairs.”
The extent of authority or control – “a family matter beyond the school’s jurisdiction.”
Māori Sovereignty (Tino Rangatiratanga):
In the Māori text of the Treaty (Te Tiriti o Waitangi), Māori chiefs retained tino rangatiratanga (absolute sovereignty or chieftainship) over their lands, villages, and taonga (treasures). This has been interpreted as Māori retaining their authority and self-governance.
The English text, however, states that Māori ceded sovereignty to the British Crown. This discrepancy has been an ongoing battle, as Māori have always proclaimed that they never intended to relinquish their sovereignty.
Crown Jurisdiction:
The British Crown, based on the English text of the Treaty, assumed sovereignty over New Zealand and established its jurisdiction over the country. This has formed the basis of New Zealand’s legal and political system.
However, the Waitangi Tribunal and other legal scholars have found that the Crown’s assumption of sovereignty was flawed, as it did not align with the Māori understanding of the Treaty.
How Māori Sovereignty Affects Jurisdiction:
The recognition of Māori sovereignty (tino rangatiratanga) has significant implications for jurisdiction in New Zealand. While the British Crown still asserts jurisdiction over the entire country, Māori sovereignty continues and is followed by anyone that chooses to accept the jurisdiction provided in He Whakaputanga.
Waitangi Tribunal and Treaty Settlements:
The Waitangi Tribunal, established in 1975, investigates Crown breaches of the Treaty and makes recommendations for redress. Its findings have affirmed that Māori did not cede sovereignty and that the Crown’s actions often undermined Māori authority.
Treaty settlements between the Crown and Māori iwi (tribes) have resulted in the return of land, financial compensation, and formal apologies. These settlements are a form of recognition of Māori rights and jurisdiction over their resources and taonga.
Māori Legal and Political Institutions:
Māori have established their own legal and political institutions, such as iwi authorities, Māori councils, and the Māori King movement (Kīngitanga). These institutions operate alongside Crown structures and assert Māori jurisdiction in areas such as resource management, health, and education.
The Māori Land Court and Māori Appellate Court also play a role in adjudicating matters related to Māori land and resources, reflecting a form of parallel jurisdiction.
Co-Governance and Co-Management:
In recent years, there has been a move toward co-governance and co-management arrangements between the Crown and Māori. Examples include the Waikato River Authority and the Te Urewera Board, where decision-making is shared between Crown and Māori representatives.
These arrangements recognize Māori jurisdiction and tino rangatiratanga in specific areas, particularly those related to natural resources and cultural heritage.
Constitutional Debates:
There are ongoing debates about the place of the Treaty of Waitangi in New Zealand’s constitution. A growing movement is pushing for a constitutional transformation that would make the British Crown formally recognize Māori sovereignty and establish a new partnership between the Crown and Māori.
This will eventually lead to a more explicit recognition of dual or shared jurisdiction, where Māori authority is enshrined in the British Crown’s legal and political system.
Practical Examples of Māori Jurisdiction:
Resource Management: Māori iwi and hapū (sub-tribes) often play a key role in managing natural resources, such as rivers, forests, and fisheries, based on their traditional knowledge and rights.
Health and Education: Māori-led initiatives, such as kōhanga reo (Māori-language preschools) and Māori health providers, operate under Māori jurisdiction and cultural frameworks.
Customary Law: In some cases, Māori customary law (tikanga Māori) is recognized within the New Zealand legal system, particularly in areas such as family law and environmental management.
Challenges and Tensions:
While there is growing recognition of Māori sovereignty and jurisdiction, challenges remain:
Crown Dominance: The Crown’s legal and political systems remain dominant, and Māori jurisdiction is often limited to specific areas or contexts.
Uneven Implementation: The recognition of Māori rights and jurisdiction varies across different sectors and regions, leading to inconsistencies in how tino rangatiratanga is upheld.
Public Debate: Co-governance and Māori sovereignty are sometimes contentious issues in public discourse, with differing views on how these concepts should be implemented.
Conclusion:
Māori sovereignty (tino rangatiratanga) continues to thrive in Nu Tireni/New Zealand, especially in certain Northern areas where Te Kara flies proudly, from personal dwellings and businesses alike. While the Crown’s jurisdiction is based on the English text of the Treaty of Waitangi, Māori sovereignty, as affirmed by the Māori text and the Waitangi Tribunal, asserts a parallel or shared jurisdiction. This dynamic is reflected in Treaty settlements, co-governance arrangements, and the growing recognition of Māori legal and political institutions. The ongoing journey toward reconciling these two jurisdictions is central to New Zealand’s future as a bicultural nation. Māori and all people who have joined He Whakaputanga since 1840, continue to live within their own sovereign jurisdiction, regardless of the British Crown’s behaviour and threat of persecution. With an uprising of tangata (people) joining He Whakaputanga jurisdiction, the new decentralised administrative government (Wakaminenga) is likely to continue to thrive, forcing the British Crown to retreat, as they can not administer anyone outside of their jurisdiction.
The United Tribes flag of Nu Tireni representing He Whakaputanga o te Rangatiratanga o Nu Tireni 1835 - The Declaration of Independence of New Zealand 1835
