Tiriti Analyses

We set the bar for Te Tiriti o Waitangi-consistent trade policy, negotiations and agreements, including by assessing them against the four articles of Te Tiriti o Waitangi.

Table of Contents

New Zealand ‐ United Kingdom Free Trade Agreement

The Crown in England and the Crown in Aotearoa signed a free trade agreement on 28 February 2022 and it entered into force in May 2023. Ngā Toki Whakarururanga called for a gold standard agreement that honoured Te Tiriti o Waitangi and protected Māori rights and responsibilities. Instead, the Tiriti assessment reveals threats to fundamental Māori rights and values, especially in chapters on intellectual property, digital trade and foreign investment, with a hollow and unenforceable Māori Trade and Economic Cooperation Chapter.

Tiriti o Waitangi / Treaty of Waitangi APEC Audit

New Zealand ‐ European Union Free Trade Agreement

The Crown in Aotearoa and the European Union signed a free trade agreement on 9 July 2023. It is expected to enter into force in mid-2024 after the EU’s domestic processes. Ngā Toki Whakarururanga called for better protections for Māori responsibilities, duties, rights and interests than in the UK FTA. The Tiriti assessment reveals similar threats in some chapters, especially on intellectual property, with an unenforceable Māori Trade and Economic Chapter that does not even acknowledge the existence of Indigenous Peoples in the territory of the EU. Some advances were made in protections on digital.

Indo-Pacific Economic Framework

The Indo-Pacific Economic Framework (IPEF) is a US-driven negotiation among 14 countries that began in May 2022 and was meant to conclude in December 2023. 3 Pillars have concluded, but the trade pillar is stalled due to US domestic politics. Ngā Toki Whakarururanga has prepared two‐page briefings on core issues in the negotiations, which have been circulated to all the other delegations. As with previous negotiations, arguments for as seat at the table to promote and protect Māori duties, responsibilities, rights and interests have been rejected.

CPTPP and Inclusive Trade Action Group

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) among 12 countries is what the TPPA became after the US quit. It is up for review in 2024, which is a chance to fix the many problems identified in the Wai 2522 Tribunal claim. A side arrangement between Australia, Canada, Chile and NZ called the Inclusive Trade Action Group (ITAG) was also up for review in 2023, when NZ chaired the CPTPP Commission. Ngā TokI Whakarururanga prepared a Tiriti-based assessment of on the failures of the ITAG and what needed to be changed in the CPTPP. That assessment was attached to the formal NZ review and presented to the other CPTPP parties. Te Kahui a Kiwa hui was also hosted at Waikato University where this kaupapa was addressed by a number of kaihautū and pūkenga. The report from that hui was also presented to the CPTPP parties.