OUR RIGHTS
It is time
Toi Rāwhiti believe it is now time to stand together as collective rights holders to demonstrate our rangatiratanga and to exercise our mana whenua within our tribal lands. As Toi Rāwhiti, we will protect and uphold the honourable implementation of Te Tiriti o Waitangi and our rights as indigenous peoples.
Toi Rāwhiti and our iwi Whakatōhea, Ngāi Tai and Te Whānau a Apanui are steadfastly committed to ensuring the absolute wellbeing of our people, territories and resources, laws, institutions, traditions, customs and land tenure systems, including those which were traditionally owned or otherwise occupied or used.
We appreciate that it will take more than Treaty settlements alone to address generations of colonial trauma, assimilation and assault. Toi Rāwhiti is focused on the power of our political and constitutional advocacy to create the conditions for a Tiriti-led region, driven by our iwi.
We share our progress and the purity of our intent, so that others may stand in their respective tribal areas to uphold our rights as indigenous peoples and to honour Te Tiriti o Waitangi. This is our history in the making.
Toitū te Tiriti! Toitū Toi Rāwhiti!
Declaration of Independence of the United Tribes of
New Zealand
Toi Rāwhiti recognise the Declaration of Independence of the United Tribes of New Zealand signed in 1835 that affirmed our sovereign power and authority over our lands, and our rights to make our own laws.
We acknowledge this agreement was the foundation on which Te Tiriti o Waitangi was established.
Te Tiriti o Waitangi
Treaty of Waitangi 1840
The te Reo Māori version of Te Tiriti o Waitangi was signed by Whakatōhea in Ōpōtiki 27-28 May, Ngāi Tai in Torere 11-14 June, and Te Whānau-ā-Apanui in Te Kaha 14 June 1840. It is the te Reo Māori version that Toi Rāwhiti acknowledge. As the direct descendants of our hapū leaders that signed Te Tiriti o Waitangi, we acknowledge that our aspirations to exercise tino rangatiratanga over our lives and our lands has not changed for almost two hundred years. We envision that this will never change.
Ko te Tuatahi
Article One
Ko ngā Rangatira o te wakaminenga me ngā 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 ō rātou wenua.
Ko te Tuarua
Article Two
Ko te Kuini o Ingarani ka wakarite ka wakaae ki ngā Rangatira ki ngā hapū – ki ngā tangata katoa o Nū Tirani te tino rangatiratanga o ō rātou wenua, ō rātou kainga me ō rātou tāonga katoa. Otiia ko ngā Rangatira o te wakaminenga me ngā Rangatira katoa atu ka tuku ki te Kuini te hokonga o ērā wāhi wenua e pai ai te tangata nōna te Wenua – ki te ritenga o te utu e wakaritea ai e rātou ko te kai hoko e meatia nei e te Kuini hei kaihoko mōna.
Ko te Tuatoru
Article Three
Hei wakaritenga mai hoki tēnei mō te wakaaetanga ki te Kawanatanga o te Kuini – Ka tiakina e te Kuini o Ingarani ngā tangata Māori katoa o Nū Tirani ka tukua ki a rātou ngā tikanga katoa rite tahi ki āna mea ki ngā tangata o Ingarani.
United Nations Declaration
on the Rights of Indigenous Peoples
That the Toi Rāwhiti iwi are indigenous peoples is a matter of fact!
Toi Rāwhiti iwi welcomed the NZ Governments endorsement of the United Nations Declaration of the Rights of Indigenous Peoples in 2010. While that was some time after the majority of nations had endorsed it in 2007, it was heartening that the (then) National-led government committed, in front of a global audience, to the Declaration. The Declaration is a now globally recognised standard that articulates clearly that the rights recognition within it constitutes “the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world”.
Article 1
Indigenous peoples have the right to the full enjoyment, as a collective or as individuals, of all 7 human rights and fundamental freedoms as recognised in the Charter of the United Nations, the Universal Declaration of Human Rights and international human rights law.
Article 2
Indigenous peoples and individuals are free and equal to all other peoples and individuals and have the right to be free from any kind of discrimination, in the exercise of their rights, in particular that based on their indigenous origin or identity.
Article 3
Indigenous peoples have the right to self-determination. By virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development.
Article 4
Indigenous peoples, in exercising their right to self-determination, have the right to autonomy or self-government in matters relating to their internal and local affairs, as well as ways and means for financing their autonomous functions.
Article 5
Indigenous peoples have the right to maintain and strengthen their distinct political, legal, economic, social and cultural institutions, while retaining their right to participate fully, if they so choose, in the political, economic, social and cultural life of the State.
Article 6
Every indigenous individual has the right to a nationality.
Article 7
1. Indigenous individuals have the rights to life, physical and mental integrity, liberty and security of person.
2. Indigenous peoples have the collective right to live in freedom, peace and security as distinct peoples and shall not be subjected to any act of genocide or any other act of violence, including forcibly removing children of the group to another group.
Article 8
1. Indigenous peoples and individuals have the right not to be subjected to forced assimilation or destruction of their culture.
2. States shall provide effective mechanisms for prevention of, and redress for:
(a) Any action which has the aim or effect of depriving them of their integrity as distinct peoples, or of their cultural values or ethnic identities;
(b) Any action which has the aim or effect of dispossessing them of their lands, territories or resources;
(c)Any form of forced population transfer which has the aim or effect of violating or undermining any of their rights;
(d) Any form of forced assimilation or integra- tion;
(e) Any form of propaganda designed to pro- mote or incite racial or ethnic discrimination directed against them.
Article 9
Indigenous peoples have the right to practise and revitalize their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
Article 10
Indigenous peoples shall not be forcibly removed from their lands or territories. No relocation shall take place without the free, prior and informed consent of the indigenous peoples concerned and after agreement on just and fair compensation and, where possible, with the option of return.
Article 11
1. Indigenous peoples have the right to practise and revitalise their cultural traditions and customs. This includes the right to maintain, protect and develop the past, present and future manifestations of their cultures, such as archaeological and historical sites, artefacts, designs, ceremonies, technologies and visual and performing arts and literature.
2. States shall provide redress through effective mechanisms, which may include restitution, developed in conjunction with indigenous peoples, with respect to their cultural, intellec- tual, religious and spiritual property taken without their free, prior and informed consent or in violation of their laws, traditions and customs.
Article 12
1. Indigenous peoples have the right to manifest, practise, develop and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect, and have access in privacy to their religious and cultural sites; the right to the use and control of their ceremonial objects; and the right to the repatriation of their human remains.
2. States shall seek to enable the access and/or repatriation of ceremonial objects and human remains in their possession through fair, transparent and effective mechanisms developed in conjunction with indigenous peoples concerned.
Article 13
1. Indigenous peoples have the right to revitalise, use, develop and transmit to future generations their histories, languages, oral traditions, philosophies, writing systems and literatures, and to designate and retain their own names for communities, places and persons.
2. States shall take effective measures to ensure that this right is protected and also to ensure that indigenous peoples can understand and be understood in political, legal and administrative proceedings, where necessary through the provision of interpretation or by other appropriate means.
Article 14
1. Indigenous peoples have the right to establish and control their educational systems and institutions providing education in their own languages, in a manner appropriate to their cultural methods of teaching and learning.
2. Indigenous individuals, particularly children, have the right to all levels and forms of education of the State without discrimination.
3. States shall, in conjunction with indigenous peoples, take effective measures, in order for indigenous individuals, particularly children, including those living outside their communities, to have access, when possible, to an education in their own culture and provided in their own language.
Article 15
1. Indigenous peoples have the right to the dignity and diversity of their cultures, traditions, histories and aspirations which shall be appropriately reflected in education and public information.
2. States shall take effective measures, in consultation and cooperation with the indigenous peoples concerned, to combat prejudice and eliminate discrimination and to promote tolerance, understanding and good relations among indigenous peoples and all other segments of society.
Article 16
1. Indigenous peoples have the right to establish their own media in their own languages and to have access to all forms of non-indigenous media without discrimination.
2. States shall take effective measures to ensure that State-owned media duly reflect indigenous cultural diversity. States, without prejudice to ensuring full freedom of expression, should encourage privately owned media to adequately reflect indigenous cultural diversity.
Article 17
1. Indigenousindividualsandpeopleshavetheright to enjoy fully all rights established under applica- ble international and domestic labour law.
2. States shall in consultation and cooperation with indigenous peoples take specific measures to protect indigenous children from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child’s education, or to be harmful to the child’s health or physical, mental, spiritual, moral or social development, taking into account their special vulnerability and the importance of ed- ucation for their empowerment.
3. Indigenous individuals have the right not to be subjected to any discriminatory conditions of labour and, inter alia, employment or salary.
Article 18
Indigenous peoples have the right to participate in decision-making in matters which would affect their rights, through representatives chosen by themselves in accordance with their own procedures, as well as to maintain and develop their own indigenous decision-making institutions.
Article 19
States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free, prior and informed consent before adopting and implementing legislative or administrative measures that may affect them.
Article 20
1. Indigenous peoples have the right to maintain and develop their political, economic and social systems or institutions, to be secure in the enjoyment of their own means of subsistence and development, and to engage freely in all their traditional and other economic activities.
2. Indigenous peoples deprived of their means of subsistence and development are entitled to just and fair redress.
Article 21
1. Indigenous peoples have the right, without discrimination, to the improvement of their economic and social conditions, including, inter alia, in the areas of education, employment, vocational training and retraining, housing, sanitation, health and social security.
2. States shall take effective measures and, where appropriate, special measures to ensure continuing improvement of their economic and social conditions. Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities.
Article 22
Particular attention shall be paid to the rights and special needs of indigenous elders, women, youth, children and persons with disabilities in the implementation of this Declaration.
2. States shall take measures, in conjunction with indigenous peoples, to ensure that indigenous women and children enjoy the full protection and guarantees against all forms of violence and discrimination.
Article 23
Indigenous peoples have the right to determine and develop priorities and strategies for exercising their right to development. In particular, indigenous peoples have the right to be actively involved in developing and determining health, housing and other economic and social pro- grammes affecting them and, as far as possible, to administer such programmes through their own institutions.
Article 24
1. Indigenous peoples have the right to their traditional medicines and to maintain their health practices, including the conservation of their vital medicinal plants, animals and minerals. Indigenous individuals also have the right to access, without any discrimination, to all social and health services.
2. Indigenous individuals have an equal right to the enjoyment of the highest attainable standard of physical and mental health. States shall take the necessary steps with a view to achieving progressively the full realization of this right.
Article 25
Indigenous peoples have the right to maintain and strengthen their distinctive spiritual relationship with their traditionally owned or otherwise occupied and used lands, territories, waters and coastal seas and other resources and to uphold their responsibilities to future generations in this regard.
Article 26
1. Indigenous peoples have the right to the lands, territories and resources which they have tradi- tionally owned, occupied or otherwise used or acquired.
2. Indigenous peoples have the right to own, use, develop and control the lands, territories and resources that they possess by reason of traditional ownership or other traditional occupation or use, as well as those which they have otherwise acquired.
3. States shall give legal recognition and protection to these lands, territories and resources. Such recognition shall be conducted with due respect to the customs, traditions and land tenure systems of the indigenous peoples concerned.
Article 27
States shall establish and implement, in conjunction with indigenous peoples concerned, a fair, independent, impartial, open and transparent process, giving due recognition to indigenous peoples’ laws, traditions, customs and land tenure systems, to recognise and adjudicate the rights of indigenous peoples pertaining to their lands, territories and resources, including those which were traditionally owned or otherwise occupied or used. Indigenous peoples shall have the right to participate in this process.
Article 28
1. Indigenous peoples have the right to redress, by means that can include restitution or, when this is not possible, just, fair and equitable compensation, for the lands, territories and resources which they have traditionally owned or otherwise occupied or used, and which have been confiscated, taken, occupied, used or damaged without their free, prior and informed consent.
2.Unless otherwise freely agreed upon by the peoples concerned, compensation shall take the form of lands, territories and resources equal in quality, size and legal status or of monetary compensation or other appropriate redress.
Article 29
1. Indigenous peoples have the right to the conservation and protection of the environment and the productive capacity of their lands or territories and resources. States shall establish and implement assistance programmes for in- digenous peoples for such conservation and protection, without discrimination.
2. States shall take effective measures to ensure that no storage or disposal of hazardous materials shall take place in the lands or territories of indigenous peoples without their free, prior and informed consent.
3.States shall also take effective measures to ensure, as needed, that programmes for monitoring, maintaining and restoring the health of indigenous peoples, as developed and implemented by the peoples affected by such materials, are duly implemented.
.
Article 30
1. Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned.
2. States shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.
Article 31
1. Indigenous peoples have the right to maintain, control, protect and develop their cultural heritage, traditional knowledge and traditional cultural expressions, as well as the manifestations of their sciences, technologies and cultures, including human and genetic resources, seeds, medicines, knowledge of the properties of fauna and flora, oral traditions, literatures, designs, sports and traditional games and visual and performing arts. They also have the right to maintain, control, protect and develop their intellectual property over such cultural heritage, traditional knowledge, and traditional cultural expressions.
2. In conjunction with indigenous peoples, States shall take effective measures to recognise and protect the exercise of these rights.
Article 32
1. Indigenous peoples have the right to determine and develop priorities and strategies for the development or use of their lands or territories and other resources.
2.States shall consult and cooperate in good faith with the indigenous peoples concerned through their own representative institutions in order to obtain their free and informed consent prior to the approval of any project affecting their lands or territories and other resources, particularly in connection with the development, utilisation or exploitation of mineral, water or other resources.
3. States shall provide effective mechanisms for just and fair redress for any such activities, and appropriate measures shall be taken to mitigate adverse environmental, economic, social, cultural or spiritual impact.
Article 33
1. Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions. This does not impair the right of indigenous individuals to obtain citizenship of the States in which they live.
2. Indigenous peoples have the right to determine the structures and to select the membership of their institutions in accordance with their own procedures.
Article 34
1. Indigenous peoples have the right to promote, develop and maintain their institutional structures and their distinctive customs, spirituality, traditions, procedures, practices and, in the cases where they exist, juridical systems or customs, in accordance with international human rights standards.
Article 35
Indigenous peoples have the right to determine the responsibilities of individuals to their communities.
Article 36
1. Indigenous peoples, in particular those divided by international borders, have the right to maintain and develop contacts, relations and cooperation, including activities for spiritual, cultural, political, economic and social purposes, with their own members as well as other peoples across borders.
2.States, in consultation and cooperation with indigenous peoples, shall take effective measures to facilitate the exercise and ensure the implementation of this right.
Article 37
1. Indigenous peoples have the right to the recognition, observance and enforcement of treaties, agreements and other constructive arrangements concluded with States or their successors and to have States honour and respect such treaties, agreements and other constructive arrangements.
2. Nothing in this Declaration may be interpreted as diminishing or eliminating the rights of indigenous peoples contained in treaties, agreements and other constructive arrangements.
Article 38
States in consultation and cooperation with indigenous peoples, shall take the appropriate measures, including legislative measures, to achieve the ends of this Declaration.
Article 39
Indigenous peoples have the right to have access to financial and technical assistance from States and through international cooperation, for the enjoyment of the rights contained in this Declaration.
Article 40
Indigenous peoples have the right to access to and prompt decision through just and fair procedures for the resolution of conflicts and disputes with States or other parties, as well as to effective remedies for all infringements of their individual and collective rights. Such a decision shall give due consideration to the customs, traditions, rules and legal systems of the indigenous peoples concerned and international human rights.
Article 41
The organs and specialised agencies of the United Nations system and other intergovernmental organizations shall contribute to the full realization of the provisions of this Declaration through the mobilization, inter alia, of financial cooperation and technical assistance. Ways and means of ensuring participation of indigenous peoples on issues affecting them shall be established.
Article 42
The United Nations, its bodies, including the Permanent Forum on Indigenous Issues, and specialised agencies, including at the country level, and States shall promote respect for and full application of the provisions of this Declaration and follow up the effectiveness of this Declaration.
Article 43
The rights recognized herein constitute the minimum standards for the survival, dignity and well-being of the indigenous peoples of the world.
Article 44
All the rights and freedoms recognized herein are equally guaranteed to male and female indigenous individuals.
Article 45
Nothing in this Declaration may be construed as diminishing or extinguishing the rights indigenous peoples have now or may acquire in the future.
Article 46
1. Nothing in this Declaration may be interpret- ed as implying for any State, people, group or person any right to engage in any activity or to perform any act contrary to the Charter of the United Nations or construed as authorising or encouraging any action which would dismeber or impair, totally or in part, the territorial integrity or political unity of sovereign and independent States.
2. In the exercise of the rights enunciated in the present Declaration, human rights and fundamental freedoms of all shall be respected. The exercise of the rights set forth in this Declaration shall be subject only to such limitations as are determined by law and in accordance with international human rights obligations. Any such limitations shall be non-discriminatory and strictly necessary solely for the purpose of securing due recognition and respect for the rights and freedoms of others and for meeting the just and most compelling requirements of a democratic society.
3. The provisions set forth in this Declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.
The Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples
Toi Rāwhiti acknowledge our wider connections to the nine tribes of Mataatua, and recognise the spirit and intent of the Mataatua Declaration on Cultural and Intellectual Property Rights of Indigenous Peoples to protect, preserve and revitalise our traditional intellectual and cultural tāonga as endorsed by Whakatōhea, Ngāi Tai and Te Whānau a Apanui in Whakatane 12-18 June 1993 at the First International Conference on the Cultural & Intellectual Property Rights of Indigenous Peoples.
Ōpōtiki District Council Representation Review
Toi Rāwhiti are entitled to fair and equitable representation as a matter of law. That is not something that is discretionary or subject to opinion polls or popularity. It is not, despite the political positioning recently, subject to referenda. These are inherent rights that exist whether or not central or local government like them.
As Council are likely aware, both central and local government have a history of blatantly breaching those rights; but we as mana whenua can not proceed to endorse proposals that are in clear breach of our own collective rights. To ask us to comment on a spectrum of options that all breach our rights and entitlements is patently unfair, and skews already the scope of the discussion.
We do not want the discussion framed by options that further entrench breaches of Te Tiriti o Waitangi and international law. We are entitled not to be subject to this constant limiting of the space in which our rights can be realised. That is a key part of maintaining the power and decision making imbalance that has delivered a prolonged period of inequity for our people; resulting in all the social imbalances we now face, and that Toi Rāwhiti was established to address.
Instead, we are entitled to ask what type of representation would reflect the honourable implementation of our Tiriti arrangement, and what representation models would best give life to our internationally recognised rights. The realisation of these rights creates the practical space for addressing the impacts of generations worth of colonial and systemic violence upon our iwi populations.
We humbly share our submission and the journey we are undertaking to not only amplify what we are doing, but to let the mauri and the mana of this work inspire others to activate, collectivise and champion Tiriti-led local government arrangements across Aotearoa. Let the 2025 local elections be the space that we stand for all of our mokopuna and honour Te Tiriti in a way that asserts our mana as iwi taketake - te mana Māori motuhake!
8 September 2024
Toi Rāwhiti, with the expertise of International Indigenous Rights lawyer Dayle Takitimu make a submission to the Council Representation Review. Council propose to have 2 General Wards and 2 Māori wards, supported by 4 General Councillors and 3 Māori Councillors.
Toi Rāwhiti challenge the Council's proposal, urging the Council to support the architecture of a Tiriti-led local government. That is, to have 4 General Councillors and 4 Māori Councillors (2 x Whakatōhea, 1 x Ngāi Tai and 1 x Te Whānau a Apanui), with recognition of tribal boundaries in the determination of ward areas.
18 September 2024
Hearing of Submission
Dayle Takitimu on behalf of Toi Rāwhiti presents the submission to Council.
No comment or question is made by Council at large.
18 September 2024
Council Decision
At the Extraordinary meeting of Council, the same day that the voice of our three iwi, Whakatōhea, Ngāi Tai and Te Whānau a Apanui is heard, the collective submission of Toi Rāwhiti is dismissed and the Council resolve to continue with their original submission.
The Council's proposal does not honourably uphold Te Tiriti o Waitangi, nor does it support the standards set out in the United Nations Declaration on the Rights of Indigenous Peoples.
20 September 2024
Dayle Takitimu shares our progress on Waatea News in an interview with Dale Husband.
22 September 2024
Toi Rāwhiti provide their Opotiki District Council submission online as a donor document for other iwi and Māori communities to prepare for their respective Māori ward reviews in their regions.
29 September 2024
Toi Rāwhiti are disappointed that the Council does not want to join with Toi Rāwhiti, and together create a Tiriti-led local government and a strong future, and a strong community for all residing in our region.
Toi Rāwhiti confirm that they will submit an appeal against this decision.