Cultural justice, ethics and teaching

Abstract

Te Tiriti o Waitangi provides both a basis for cultural justice in this society and an explication of the term; each of the articles identifying a significant aspect of cultural justice. First, there is the guarantee to the Maori signatories that the Crown would protect their independence - tino rangatiratanga, (also read as authority, autonomy or self-determination) [Article II]. In Article III Maori are promised that they will also have the “Rights and Privileges of British subjects”. Finally, in Article I, Maori cede to the Crown the right to govern, to make laws to protect all peoples from the evil consequences of lawlessness. The 1835 Declaration of Independence located legislative authority in the Wakaminenga (the gathered rangatira meeting in Congress); and in 1840, in the context of the Crown promises, Maori authorised the Crown to exercise that authority. For Maori Te Tiriti specifies cultural justice for interactions between Maori and settlers in the new society. Maori are guaranteed the right to self-determination (and the economic and social resources to make that practical) in their relations with New Zealand society. They are also entitled to the same opportunities as other citizens. The latter rights, embodied in local legislation and international covenants to which we are signatory, are not alternatives to the prior right of Maori people to their (cultural) autonomy. The exercise of legislative and organisational authority must be exercised in a manner consistent with the promises which clearly requires consultation and negotiation with Maori.