Te Tiriti affirmed the enduring, intrinsic mana and authority of Rangatira on behalf of, and accountable to, their hapū, consistent with He Whakaputanga. Ngā hapū never ceded their sovereignty, including the right to make international treaties. He Whakaputanga o te Rangatiratanga o Nu Tireni and Te Tiriti o Waitangi are the pou on which Ngā Toki Whakarururanga stands.

The findings of the Waitangi Tribunal in relation to Ngāpuhi in the Te Paparahi o te Raki inquiry (Wai 1040) and its report He Whakaputanga me Te Tiriti , and Tribunal reports on Te Urewera and Te Rohe Potae, confirmed the enduring mana motuhake and rangatiratanga of ngā hāpu. i

What that means in Aotearoa today, and strategies for constitutional transformation, were set out by Dr Moana Jackson and Professor Margaret Mutu on behalf of the Independent Working Group on Constitutional Transformation in their report Matike Mai, following extensive

However, none of these have directly addressed the constitutional authority of international treaty making. Dr Jackson’s evidence in several Tribunal inquiries has insisted that Māori would and could never give away the mana to treat with other nations. That has consistently been the position of Ngā Toki Whakarururanga in its dealings with the Crown in the international trade space. But the Tribunal has deferred to a future Tribunal inquiry and the Crown has simply said there is no way that independent Māori can have a seat at their table.

Ngā Toki Whakarururanga is therefore leading this argument in The Constitutional Kaupapa Inquiry (Wai 3300), in addition to other initiatives to promote Indigenous to Indigenous relationships and treaty making. The Tribunal will hear claims concerning grievances relating to the constitution, self-government, and the electoral system. The Statement of Claim from Ngā Toki Whakarururanga, filed on 3 April 2024, challenges:

• the denial of tino rangatiratanga by the Crown’s claim unilateral and unlawful assumption of sovereignty;
• the rewriting of te Tiriti o Waitangi through the device of the “principles of the Treaty” including the latest bill proposed by ACT;
• the role of capitalism in denial of tino rangatiratanga, including through Treaty Settlements, devolution policies, and property rights; and
• Crown claims to exclusive rights of international treaty making that denies Māori the rangatiratanga over those decisions and relationships, including through free treaty and investment treaties.

The Inquiry began in December 2022, before the change of government in November 2023. It took on more urgent significance under the National/ACT/New Zealand First coalition that launched a direct assault on Te Tiriti o Waitangi through ACT’s proposed Treaty Principles Bill and NZ First’s proposal to remove or reword references to the “principles of the Treaty” in approximately 40 laws, in addition to cancelling hard fought-for policies, agencies, and services.

The Tribunal gave urgency to the Treaty Principles Bill and review of Treaty clauses. Its interim report found the Treaty Principles Bill breached the Crown’s obligations under te Tiriti, and the . The ACT leader David Seymour, also Minister in charge of the Treaty Principles Bill, treated the report with contempt, with the introduction of the bill timed to coincide with the Tribunal’s final report.

The hearings into the full Constitutional Kaupapa claim will centre around specific themes. The Tribunal has accepted that the four should cover:

1. international treaty-making and rangatiratanga;
2. human rights and te Tiriti o Waitangi;
3. trade, investment and economic treaties and te Tiriti o Waitangi;
4. environment and climate change and te Tiriti o Waitangi.