Hui with NZ-UKFTA officials a significant milestone
Ngā Toki Whakarururanga kaihautū and pūkenga met virtually with officials from the United Kingdom to explain mātauranga and tikanga Māori and why it is essential to protect them in the New Zealand – United Kingdom Free Trade Agreement (NZ-UKFTA), especially in the digital age where misappropriation of taonga can happen so swiftly.
The hui was the first step in a review of the digital trade chapter of the FTA that was inserted late in the negotiations. That followed the Waitangi Tribunal’s finding that the Crown had breached its Tiriti obligations by including the same rules on data and digital governance in the Trans-Pacific Partnership Agreement (TPPA) (later the Comprehensive and Progressive Agreement for Trans-Pacific Partnership [CPTPP]).
Independent Māori voice
This direct dialogue between kaihautū and pūkenga from Ngā Toki Whakarururanga and foreign trade officials was a significant milestone and an important step towards Māori having an independent voice and presence around the trade negotiations, rather than have Māori views mediated through the Crown.
Ngā Toki Whakarururanga representatives Māui Solomon, Peter-Lucas Jones, Potaua Biasiny-Tule, Donna Cormack and Pita Tipene explained the centrality of mātauranga to being Māori and why it is must be protected and controlled by Māori and not others from ‘outside’.
Kaihautū and pūkenga also provided a brief background on He Whakaputanga and Te Tiriti o Waitangi; a korero around the importance of the Wai 262 claim; initiatives that Māori are taking in the domestic and international arena to protect and promote te reo and tikanga, including in AI; the importance of maintaining digital sovereignty and governance over our own taonga; and more.
Ngā Toki Whakarururanga will continue to engage with UK officials and MFAT to achieve a carve-out for our Te Tiriti rights and obligations from the digital trade rules in the NZ-UKFTA.
Memorandum supports call for urgent inquiry on proposed Regulatory Standards Bill
Ngā Toki Whakarururanga has sought “interested party” status as the Waitangi Tribunal considers an application for an urgent inquiry on the proposed Regulatory Standards Bill and for a two-day hearing to be convened (Wai 3440).
The memorandum from Ngā Toki Whakarururanga focused on te Tiriti implications of the Bill and its parallels to problematic rules in free trade and investment agreements. In particular, the discussion document on the proposed Bill says the protection of private property rights from “regulatory takings” would become part of domestic law, with rights to compensation when they are “impaired” (not retrospectively for “takings” from Māori). That has parallels to protections for foreign investors that can be enforced through controversial Investor-State Dispute Settlement (ISDS). Recent governments have rejected ISDS in new agreements, but it is currently contained in some older ones.
Previous Waitangi Tribunal inquiries, notably Wai 2522 on the TPPA, agreed that the possibility of an ISDS dispute can have a “chilling effect” on Crown decisions and actions to meet its Tiriti obligations. Exceptions in the agreements, including the Treaty of Waitangi exception, did not guarantee the active protection of Māori responsibilities, rights and interests under Te Tiriti. The proposed Regulatory Standards Bill does not contain any such exception, or any reference to Te Tiriti/the Treaty at all. So, it risks creating serious prejudice to Māori responsibilities and rights under Te Tiriti and contrary to the Crown’s obligations of active protection.
The memorandum will be uploaded to the Ngā Toki Whakarururanga website here.
Oral submissions to select committee viewable online
Rhieve Grey presents oral submission to select committee on Principles on the Treaty of Waitangi Bill.
Submissions presented on behalf of Ngā Toki Whakarururanga to the select committee on the Principles on the Treaty of Waitangi Bill, the Agreement on Climate Change, Trade and Sustainability, and the International Treaty examination of the New Zealand – United Arab Emirates Comprehensive Economic Partnership Agreement have been uploaded to our Youtube page here for viewing.
Indigenous data sovereignty a focus at World Economic Forum
Peter-Lucas Jones speaks as a panelist at the the World Economic Forum. Source: File
Kaihautū Peter-Lucas Jones recently travelled to Davos, Switzerland to attend the World Economic Forum. The forum brought together leaders from business, politics and academia to discuss global challenges on issues like climate change, economic equality and technological disruption.
Peter-Lucas says he had the opportunity to showcase Te Hiku Media’s AI project. He was also a speaker in the Empowering Bytes forum that focused on digital safety and empowerment in the age of AI and data proliferation. The conversation highlighted concerns about data privacy, consent, and the potential misuse of personal information, particularly for vulnerable groups including Indigenous communities.
Peter-Lucas says, “When we think about how language models can be used for bad, we must take into account that sometimes these tools are used for surveillance. Sometimes these tools are used for tracking. Sometimes these tools can be used to perpetuate bias and unfairness… Instead we must ensure that anything that we do develop is used for good and that when we think about the purpose of the artificial intelligence tools that we develop, that we do put guardrails up to guide the way that those tools can be used in the future.”
Peter-Lucas also spoke in the forum about the importance of Indigenous communities leading our own platforms and solutions to help move our people forward.
“Rather than just being the users of technology, we must continue to find ways to be the developers of technology too. Why, because it’s part of our whakapapa. Our people have been developing technology long before we reinvigorated our knowledge of star navigation. We know that our tūpuna developed that very knowledge and we too can play a part in continuing that legacy of development.”
The forum panel also discussed principles and practical approaches that can be applied worldwide to identify and reduce digital risks, prevent harm, and to promote trust and safety online.
Peter-Lucas Jones alongside other Indigenous civil society leaders in Davos. Source: File
Ngā Toki Whakarururanga presence at Waitangi
During the week of Waitangi Day, Ngā Toki Whakarururanga kaihautū and secretariat held a stall to help lift the profile of Ngā Toki Whakarururanga and our mahi. Wai 262 Taumata Whakapūmau kindly allowed us to share their space and strengthen the inter-relationships of our kaupapa.
It was a hugely successful week full of whakawhanaungatanga, kōrero and the sharing of mātauranga. To help educate people about our kaupapa, we gave out pānui and resources on Climate Change, the Treaty Principles Bill, the GMOs and the Gene Technology Bill, the Regulatory Standards Bill and more.
A major highlight was the panel discussions featuring Ngā Toki Whakarururanga kaihautū and pūkenga. Rhieve Grey spoke on a panel on hauora, highlighting GM, rongoā and holistic wellbeing. Māui Solomon spoke about Wai 262 on the mana motuhake panel and Jane Kelsey spoke on the Tangata Tiriti panel.
