Tiriti Analysis
New Zealand ‐ European Union Free Trade Agreement
EU has no Indigenous Peoples?
Countries Involved
New Zealand and European Union with 27 member states:
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, and Sweden
The negotiation of a free trade agreement between the European Union and the Crown for New Zealand began in July 2018 and concluded in June 2022.
The agreement entered into force on 1 May 2024. Ngā Toki Whakarururanga was actively trying to influence the negotiations, but was subject to a confidentiality agreement that limited what could be said to other Māori rōpū.
When the EU was pressed to include a genuine Indigenous Peoples’ chapter, it refused saying it didn’t have Indigenous Peoples, or at least it was a national matter for states that did so it had no mandate. Including one would have made it difficult for an FTA to be accepted. As a result, the agreement only refers to Māori and not to Sámi.
And has a weak and unenforceable Māori Trade and Economic chapter, like the UK FTA. The Tiriti assessment shows there are token concessions in several chapters, and some small gains such as royalties for creatives when their works are on-sold.
There are the strongest protections for Māori data sovereignty and digital governance. And there is no investor-state enforcement of rules that protect investors. But there are also many of the standard problematic rules that are common to the FTAs.
Our Analysis And Commentary On The New Zealand ‐ European Union Free Trade Agreement
Submission To the Foreign Affairs, Defence and Trade Committee
Submission on the International treaty examination of the Free Trade Agreement between New Zealand and the European Union
Memorandum of Understanding
Memorandum of Understanding between Ngā Toki Whakarururanga Establishment Group and The Ministry of Foreign Affairs and Trade regarding the proposed Political Declaration between New Zealand and the European Union
European Union Free Trade Agreement: Te Tiriti O Waitangi Assessment
Te Tiriti O Waitangi Assessment
NZ EU FTA Tiriti o Waitangi Assessment: Overview
NZ EU FTA Tiriti o Waitangi Assessment: Overview
Ngā Toki Whakarururanga Te Tiriti o Waitangi Assessment of the New Zealand European Union Free Trade Agreement
Ngā Toki Whakarururanga Te Tiriti o Waitangi assessment of the New Zealand European Union Free Trade Agreement
Interim Tiriti o Waitangi Assessment of NZ-EU FTA
Overview of our assessment