Te Tiriti o Waitangi and Māori Health

Submitted by coleen.yan@edd… on Tue, 09/17/2024 - 19:10
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Welcome to this topic! Even if you're already familiar with Te Tiriti o Waitangi (The Treaty of Waitangi), it's important to revisit and deepen our understanding, particularly in how we apply and honour this significant document in the health and wellbeing sector in Aotearoa, New Zealand.

In this topic, we will start by looking at the current state of health for Māori people. We will then explore the concept of tangata whenua before examining the Treaty itself—its history, and how it is honoured and applied to the health and wellbeing sector today.

Me ruku ki te kaupapa-let’s dive in to the topic!

Māori Health

Reports from the Ministry of Health show that Māori have higher rates of chronic diseases such as cancer, heart disease, asthma, and other health conditions compared to non-Māori. According to Statistics New Zealand, while the life expectancy gap between Māori and non-Māori has decreased slightly between 2007 and 2019, Māori still live on average, about 7 years fewer than non-Māori. These differences in health are known as disparities, which means the difference are unfair and preventable

Honouring Te Tiriti o Waitangi helps address these health disparities. By ensuring Māori have fair access to healthcare, protecting their cultural practices, and supporting Māori to be involved in their own healthcare, the health system becomes more culturally appropriate and effective. This leads to better health for Māori, as they receive care that respects their needs and values.

As future support workers, it is crucial for you to understand and apply Te Tiriti o Waitangi in your support work. This will help you effectively serve and support Māori communities, reduce health disparities, and ensure the way you work honours Māori as tangata whenua. By doing so, you will uphold the commitments made in Te Tiriti and contribute to a fairer healthcare system.

Honouring Māori as tangata whenua

In Aotearoa New Zealand, the term tangata whenua refers to Māori as the Indigenous people of the land, the original inhabitants of New Zealand. It acknowledges their deep, ancestral connection to the land and their role as guardians (kaitiaki) of the environment, culture, and community. When we talk about honouring Māori as tangata whenua, we are recognising their authority and responsibilities as the tangata whenua of Aotearoa, as well as ensuring they have fair access to health and wellbeing services.

This recognition is closely connected to the principles of Te Tiriti o Waitangi, Te Tiriti affirms the rights of Māori as tangata whenua, ensuring that they maintain authority and control over their lands, resources, and taonga (treasures). It also guarantees the right to make decisions about their own wellbeing, which includes health.

As a support worker, honouring Māori as tangata whenua means recognising and respecting the rights of Māori to make their own healthcare decisions. It also means ensuring that care and support that is are provided is culturally appropriate and aligned with Māori values and traditions. This aligns with the principles of Te Tiriti o Waitangi, which we will explore in more detail in the next section

Click HERE to go to Te Aka for hear the correct pronunciation of tangata whenua and read the definitions.

The Treaty of Waitangi

Before examining the Te Tiriti document and its application to the health and wellbeing sector, let’s go back in time and explore what was happening in Aotearoa New Zealand before the signing of Te Tiriti – The Treaty.

Before the Treaty

The 1830s were a busy time for New Zealand. Large groups of settlers were moving here from overseas (migrating), and the non- Māori population was growing quickly.

Mātakitaki - Watch the following video for an overview of Aotearoa NZ during this time and to learn about the Declaration of Independence of the United Tribes of New Zealand - He Whakaputanga o te Rangatiratanga o Nu Tirene.

Video Title: The Treaty of Waitangi
Watch Duration: 3.51
Pre-Watch Question: Who were the first foreigners who come to Aotearoa NZ in the beginning of the 19th century
Post Watch Task:

  • When was the Declaration of Independence signed?
  • What did the signing Māori chiefs see the declaration as?
  • What did the British see it as?

Source:  YouTube

The Treaty Document

Several years after the signing of the Whakaputanga o te Rangatiratanga o Nu Tirene (the Declaration of Independence) the Declaration was overruled and Te Tiriti o Waitangi was entered into. Let’s review what we know about signing of Te Tiriti .

Te Tiriti o Waitangi, is New Zealand's founding document. It was signed on the 6th of February 1840 in Waitangi, in the Bay of Islands. It was a treaty between the British Crown (Queen Victoria) and various Māori chiefs from the northern North Island of New Zealand. There were two written versions of the Treaty-one in English and one in te reo Māori.

Te Tiriti promised to protect Māori culture and to enable Māori to continue to live in New Zealand as Māori, giving them the same rights as British subjects. It also gave the Crown the right to develop British settlement, govern New Zealand and represent all New Zealanders' interests.
Te Tiriti o Waitangi contains the following.

  • Preamble: The opening section of the document expressing the intentions of the signing parties.
  • Articles: The main body is divided into three articles outlining specific agreements between Māori and the Crown.
  • Signatures: Approximately 40 chiefs signed the Māori version on 6 February 1840, acknowledging their full commitment to Te Tiriti. Throughout 1840, an additional 500 Māori from various regions signed the document. Lieutenant-Governor William Hobson and other representatives of the British Crown signed the English version of the Treaty.

Full Text of the Treaty

Click the + expand button on the right to reveal the full text of both treaty versions. You can also view a contemporary translation on the original te reo Māori text on Te Papa's website.

He Kupu Whakataki,

Ko Wikitoria, te Kuini o Ingarani, i tana mahara atawai ki nga Rangatira me nga Hapu o Nu Tirani, i tana hiahia hoki kia tohungia ki a ratou o ratou rangatiratanga, me to ratou wenua, a kia mau tonu hoki te Rongo ki a ratou me te ata noho hoki, kua waka(a)ro ia he mea tika kia tukua mai tetahi Rangatira hei kaiwakarite ki nga tangata Maori o Nu Tirani. Kia wakaaetia e nga Rangatira Maori te Kawanatanga o te Kuini ki nga wahi katoa o te wenua nei me nga motu. Na te mea hoki he tokomaha ke nga tangata o tona iwi kua noho ki tenei wenua, a e haere mai nei.

Na ko te Kuini e hiahia ana kia wakaritea te Kawanatanga, kia kaua ai nga kino e puta mai ki te tangata Maori ki te Pakeha e noho ture kore ana.

Na kua pai te Kuini kia tukua ahau, a Wiremu Hopihana, he Kapitana i te Roiara Nawi, hei Kawana mo nga wahi katoa o Nu Tirani i tukua aianei a mua atu ki te Kuini; e mea atu ana ia ki nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, me era Rangatira atu enei ture ka korerotia nei.

Ko te tuatahi,

Ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa hoki, kihai i uru ki taua Wakaminenga, ka tuku rawa atu ki te Kuini o Ingarani ake tonu atu te Kawanatanga katoa o o ratou wenua.

Ko te tuarua,

Ko te Kuini o Ingarani ka wakarite ka wakaae ki nga Rangatira, ki nga Hapu, ki nga tangata katoa o Nu Tirani, te tino Rangatiratanga o o ratou wenua o ratou kainga me o ratou taonga katoa. Otiia ko nga Rangatira o te Wakaminenga, me nga Rangatira katoa atu ka tuku ki te Kuini te hokonga o era wahi wenua e pai ai te tangata nona te wenua ki te ritenga o te utu e wakaritea ai e ratou, ko te kaihoko e meatia nei e te Kuini hei kaihoko mona.

Ko te tuatoru,

Hei wakaritenga mai hoki tenei mo te wakaaetanga ki te Kawanatanga o te Kuini. Ka tiakina e te Kuini o Ingarani nga tangata Maori katoa o Nu Tirani. Ka tukua ki a ratou nga tikanga katoa rite tahi ki ana mea, ki nga tangata a Ingarani. 

Ko te tuaw,

E mea ana te Kawana ko nga wakapono katoa o Ingarani, o nga Weteriana, o Roma, me te ritenga Maori hoki e tiakina ngatahitia e ia.

Na, ko matou, ko nga Rangatira o te Wakaminenga o nga Hapu o Nu Tirani, ka huihui nei ki Waitangi. Ko matou hoki ko nga Rangatira o Nu Tirani, ka kite nei i te ritenga o enei kupu ka tangohia, ka wakaaetia katoatia e matou. Koia ka tohungia ai o matou ingoa o matou tohu.

Ka meatia tenei ki Waitangi, i te ono o nga ra o Pepueri, i te tau kotahi mano, e waru, e wa tekau o to tatou Ariki.

(Signed at Waitangi on the 6th February 1840 and afterwards around the country by over 500 rangatira)

Victoria, the Queen of England, in her gracious thoughtfulness to the Rangatira and Hapu of New Zealand, and in her desire to record both her recognition of their paramount authority and that the lands are theirs so that al may live in peace and good order, has thought it night to send an officer to make arrangements with the people of New Zealand. Let the Rangatira agree to the Kawanatanga (governorship - the delegated duty to govern Pakeha and other non-Maori) of the Queen over all parts of this land and its islands. This is to be done because a great number of her people have settled in this country, and others will come.

The Queen desires to arrange Kawanatanga so that no evil come to the Maori people or to the Pakeha who are living here in a state of lawlessness.

Now the Queen has been pleased to send me, William Hobson, a Captain in the Royal Navy, to be the Kawana for all parts of New Zealand which have been allocated or shall be allocated to the Queen. And she says to me Rangatira of the Confederation of the Hapu of New Zealand and the oner Rangatira, these are the laws spoken of.

This is the first

The Rangatira of the Confederation and all the other Rangatira who have not joined that Confederation delegate Kawanatanga to the Queen of England forever for lands entrusted to Pakeha and other non-Maori.

This is the second

The Queen of England will make the arrangements and recognises the Tino Rangatiratanga (retained paramount and ultimate authority, which includes sovereignty) of the Rangatira, Hapu and all the people of New Zealand over their lands, villages and everything else that is held precious. But the Rangatira of the Confederation and all the other Rangatira allow the Queen to trade for the use of those pieces of land that the owners consent to allocate, subject to agreement over payment which will be agreed to between the Rangatira and an agent who will be appointed by the Queen.

This is the third

This is the arrangement for the agreement to the Queen’s Kawanatanga. The Queen will care for all the Maori people of New Zealand and ensure that they have the same access to the laws and customs as the people of England.

This is the fourth

The Governor says that all faiths - those of England, of the Wesleyans, of Rome and also Maori custom and religion - shall all alike be protected by him.

(This fourth article was agreed to before any of the Rangatira had signed the Treaty. It came about when the Catholic Bishop Pompallier asked Hobson that there be a guarantee of freedom of religion. The Anglican missionary William Colenso subsequently worded the article then Hobson and the Rangatira agreed to it.)

Now we, the Rangatira of the Confederation of the Hapu of New Zealand, assembled here at Waitangi and we, the other Rangatira of New Zealand, understand the intent of these words and agree to their entirety, and so we put here our names and our marks.

Done at Waitangi on the 6th day of February in the year of our Lord 1840.

The Treaty Translations

The Treaty was initially written in English and then translated into Māori by the missionary Henry Williams and his son Edward Williams. There were problems with the translation due to differences in interpretations of certain key words between the English and te reo Māori versions.
These are:

  • Rangatiratanga | Chieftainship:
    Māori understood "kia tohungia ki a ratou o ratou rangatiratanga" (retaining their chieftainship) as meaning they would maintain their authority and control over their lands, resources, and people. For Māori, rangatiratanga represents self-determination and the right to govern their own affairs.
    However, the British Crown viewed this differently. The Crown interpreted Māori agreement to Te Tiriti o Waitangi as a transfer of sovereignty. To the Crown, sovereignty meant gaining the ultimate authority over the land and its governance. This difference in interpretation became a significant point of tension, as the Crown believed they were establishing British law and control over New Zealand, while many Māori expected to retain control over their lands and resources.
  • Wenua | Lands:
    In the Māori version of Te Tiriti, "o ratou wenua" (their lands) indicated that Māori expected to retain ownership and control over their lands and resources, reflecting their deep connection to the land and concept of tino rangatiratanga (chieftainship). In contrast, the English version used "lands and estates," implying a more European notion of ownership, potentially including Crown interests and the ability to transfer land. This difference in interpretation has led to disagreements over how much authority Māori retained, with Māori believing they preserved their sovereignty, while the Crown viewed the Treaty as enabling future land sales and Crown control.
  • Kawanatanga | Governance:
    In the English version of the Treaty, Māori leaders were said to have ceded "all the rights and powers of sovereignty" to the Queen, meaning they surrendered control. However, the Māori text uses "te kāwanatanga katoa," which translates to "complete governance." At the time, Māori had no equivalent for "sovereignty" as authority was held by local chiefs (rangatira) over their own areas, without a centralised government.
    For Māori, "kāwanatanga" implied granting the Crown certain administrative powers or governance rights while retaining their own authority (tino rangatiratanga) over their lands and affairs. The British understanding of sovereignty, however, full control over governance and the land. These differing interpretations have led to ongoing debates, with many Māori expecting a partnership, rather than a full transfer of power.
  • Tino rangatiratanga | Full Chieftainship:
    The Māori version states that Māori have "tino rangatiratanga" which was understood by Māori to mean the unqualified exercise of their chieftainship over their lands, villages, and all their property and treasures.
    In contrast, the English version of the Treaty stated, "exclusive and undisturbed possession of their lands and estates, forests, fisheries, and other properties." The term "possession" was used instead of "chieftainship," suggesting a narrower interpretation, focused on ownership of property rather than including broader political authority or self-governance. This distinction in wording has been a long-standing source of disagreement, with Māori understanding "tino rangatiratanga" as a guarantee of ongoing self-determination and control, while the Crown's interpretation was more concentrated on property rights.

Mātakitaki- Watch this video that recaps the signing of the Declaration of Independence, the signing of the Treaty and explains the Treaty translation issues and misunderstandings.

Video Title: Understanding Te Tirity o Waitangi

Watch Duration: 5.19

Video Summary: Te Tiriti o Waitangi is one of the most misunderstood documents in Aotearoa. This video explains why it's still a controversial document to this day.

Pre-Watch Question: How many chiefs signed the English version and how many signed the te reo version of the Treaty?

Post Watch Task: Did all tribes sign the treaty?

Source: YouTube

The differences in language, cultural perspectives, and interpretations between the Māori and English versions of the Treaty of Waitangi have led to ongoing debates and legal challenges over its meaning and application. To address these conflicts, the New Zealand government established the Waitangi Tribunal in 1975. The Tribunal is responsible for interpreting the Treaty, investigating claims of breaches, and providing recommendations on resolving disputes. It plays a key role in clarifying the rights and obligations of both the Crown and Māori under the Treaty.

You can read more about the role and work of the Waitangi Tribunal on their webpage.

To deepen your understanding about Te Tiriti and the events surrounding its signing, you may wish to watch some or all of this docudrama called “What Really Happened-Waitangi”.

The docudrama follows an imaginary news reporter who travels back in time to cover the days leading up to the Treaty of Waitangi’s signing. It is a 7 part series; each part is between 6 and 12 minutes long.

Today, Te Tiriti o Waitangi, is honoured in the NZ healthcare sector by applying its principles to our health and disability system. The principles provide guidelines for addressing and promoting equitable health outcomes as well as upholding Māori rights to self-determination

Before we look at the treaty principles, let’s review what is meant by “equitable health outcomes” and “self-determination.” Click on the + expand button to reveal  an explanation of these terms

This refers to the goal of achieving a fair distribution of health across different population groups. In an equitable healthcare system, everyone has a fair opportunity to attain their full health potential, and no one is disadvantaged from achieving this potential because of their social position or other socially determined circumstances. It’s not just about equal treatment, but about providing care that accounts for people’s different circumstances and needs.

In the context of health and wellbeing, self-determination is the right of individuals or groups to make their own choices about their healthcare and to have control over their health destiny. For Māori, this means having the authority and autonomy to manage their health services, make decisions that affect their health, and maintain their cultural practices within healthcare settings.

What are the Principles of Te Tiriti o Waitangi?

The interpretation of Te Tiriti o Waitangi  has long been debated, especially in terms of how it should be applied in modern-day Aotearoa New Zealand. As we have seen, the two versions (one in Māori and one in English) have differences in language and meaning. To address these differences, a set of guiding principles were developed to provide clarity and assist in applying the Treaty to government policies, particularly in sectors like health and education. Apply the principles helps to ensure that the rights and obligations of both Māori and the Crown are upheld.

Watch this short video that gives an overview of the development of treaty principles.

Video Title: Treaty of Waitangi: The Principles
Watch Time: 1:32
Post Watch Task: What are the two key principles mentioned in the video
Source: CBHS History: YouTube

Initially, three overarching principles of Partnership, Protection, and Participation (often called the “Three Ps”), were established by the Royal Commission on Social Policy in the 1980s. These principles have since been expanded and adapted to align with present day needs and ensure that Māori rights under Te Tiriti are actively protected and implemented.

The Ministry of Health and the Te Tiriti o Waitangi Principles

As part of their commitment to applying Te Tiriti o Waitangi to the health and wellbeing sector, the Ministry of Health has implemented five Te Tiriti principles for the health system. These five principles were recommended in The Hauora report from the Waitangi Tribunal. They are:

  • Tino Rangatiratanga- Self-Determination: This principle highlights self-determination and autonomy for Māori over their health and wellbeing. It supports the empowerment of Māori to manage their own health priorities and outcomes and extends to the planning, implementation, and oversight of health and disability services.
  • Equity - Mana Taurite: The framework promotes equitable healthcare access and outcomes for Māori, aiming to address health disparities and ensure that Māori receive the same level of health and wellbeing as all other New Zealanders
  • Active Protection - Whakamarumarutia: This requires the health system to actively protect Māori health, ensuring that Māori have access to culturally appropriate services and that their health is prioritised.
  • Options - Kōwhiringa: The principle of options ensures that Māori have access to both mainstream health services and those that reflect their cultural values and practices, such as rongoā Māori (traditional Māori healing).
  • Partnership - Pātuitanga: Healthcare organisations are expected to work in partnership with Māori at all levels of decision-making and governance, reflecting the Crown’s obligations under Te Tiriti to work alongside tangata whenua in planning and delivering health services.

Read more about the Te Tiriti o Waitangi framework. Once you have read about the goals and principles, click on the ‘Te Tiriti o Waitangi framework’ link to see an infographic and explanations about the framework.

Problems with Principles

The Treaty principles, such as those used by the Ministry of Health, have helped bridge gaps between the Māori and English versions of the Treaty. However, there is ongoing discussion about their ability to fully honour the words and original intent of the Treaty. Some argue that the principles, while useful, can be vague and may not adequately address Māori sovereignty and self-determination (Tino Rangatiratanga).

As a support worker, it is important that you are aware of these discussions and consider the differing viewpoints when working alongside tāngata whaiora (the people you provide care and support for). Understanding these discussions can help you provide support that respects the cultural values and rights of Māori.

When looking at te Tiriti principles we have discussed the concept of ‘equity.’ Let’s review the meaning of equality and equity.

Take a look at the following illustration, what do you think it is showing us about the difference between the concepts of equality and equity?

Take a moment to write down your own thoughts before moving on to read the definitions.

Equality vs Equity Diagram

Click on the expand button to read the definitions

Equality refers to the state of being equal, especially in status, rights, and opportunities. It implies that all individuals or groups are treated the same and have the same access to opportunities, resources, and rights without discrimination on any grounds.

In the illustration, after giving each person the same amount of boxes they all remain at different heights.

Equity is the quality of being fair and impartial. It goes beyond the concept of equality by acknowledging that each person has different circumstances and allocates the exact resources and opportunities needed to reach an equal outcome.

In the illustration, after giving each person the amount of boxes that they each need, they now all stand at the same height.

Health Equity

Health equity refers to health for all people. It means that everyone has a fair and just opportunity to be as healthy as possible, regardless of their life circumstances. Read the following quote from the Ministry of Health explaining the meaning of equity in health.

In Aotearoa New Zealand, people have differences in health that are not only avoidable but unfair and unjust. Equity recognises different people with different levels of advantage require different approaches and resources to get equitable health outcomes.

Health.gov.nz

Health Inequity

When we talk about health inequities, we are referring to the systemic (wide spread) disparities or differences in health outcomes and access to healthcare services that are experienced by different groups within society. You may remember the examples of health disparities that were mentioned at the start of this topic- certain diseases affect Māori at higher rates than non- Māori and the lower life expectancy of Māori compared to non- Māori.

Take a closer look at healthcare inequities by watching the seven video snippets below as Kiwi comedian Alice Snedden discusses the healthcare inequity in Aotearoa with a range of tāngata (people) and then answer the post-watch questions that follow each video. It's important to pause after each video to reflect on these questions, as it will help you to understand the real-world impacts of health inequity in Aotearoa.

1. Introduction (18 seconds)
Post-watch question:

Why do you think Māori may have a life expectancy seven years shorter than non-Māori? 

2. Poor quality care (47 seconds)
Post-watch question:

What is an example of the health inequity that Māori face?

3. INSTITUTIONAL RACISM (1 minute 55 seconds)
Post-watch questions:

How did colonisation impact Māori healthcare? 

4. Private Health Insurance (57 seconds)
Post-watch question:

What are the benefits of Ngāti Whātua Ōrakei partnering with NIB to deliver private health insurance?

5. Māori Health (1 minute 26 seconds)
Post-watch question:

What does "Indigenous sovereignty is public health" mean?

6. Investment in Māori Health (58 Seconds)
Post-watch question:

Reflect on your own experiences in the New Zealand healthcare system. Have you experienced inequity? Why, or why not?

7. Conclusion (1 minute 12 seconds)
Post-watch question:

Take a moment to reflect on what you've learned from these videos. Why do you think it's important to be aware of these inequities, and what do you think healthcare workers can do to address them?

Ka pai temahi! Good work! You have now completed the topic Te Tiriti o Waitangi and Māori Health.

In this topic we have explored the significance of Te Tiriti o Waitangi in addressing the health disparities experienced by Māori. We revisited the history and contents of the treaty and examined the language translation issues that have led to conflicts and debates about its interpretation. We have examined the development of treaty principles and discussed how these principles serve as a framework in the health sector and how they can be applied to the everyday practice of support workers. We have also explored the concepts of equity in healthcare and what health inequities look like for people in Aotearoa New Zealand.

With this learning, we move forward to our next topic, where we examine the development of the health system in our country.

Haere tonu, ka pai!- great work, keep going!

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