Full bibliography

This article considers the puzzle of the location of tino rangatiratanga in the post-Treaty settlements era in the context of current controversy in New Zealand over recognising Maori self-determination or tino rangatiratanga as guaranteed by Art 2 of the Treaty of Waitangi. On one level, the current political and legal struggles reflect a fundamental tension between Maori aspirations for tino rangatiratanga and the state's desire to maintain centralised sovereignty. At a deeper level, the government opposition to co-governance stems from questions about the evolving role of the Treaty - in particular the guarantee of tino rangatiratanga and its ability to apply to a much wider range of Treaty issues (other than natural resources) and Treaty partners; for example, non-tribal Maori collectives serving urban Maori and not bound like tribes by kinship ties. The Waitangi Tribunal, originally established to facilitate Treaty settlements, is now at the centre of this shift in thinking to expand the interpretation of tino rangatiratanga. In a recent series of reports, the Tribunal has recognised the diversity of Maori identity and the legitimacy of non-tribal collectives as Treaty partners, particularly when these organisations are created by and responsive to the socio-economic needs of Maori. The proliferation of Treaty partners thus raises issues of co-ordination and coherence - how do these many partners engage effectively with the Crown and is every Maori organisation a Treaty partner for the purposes of Art 2 tino rangatiratanga? And does provision of social services by these Treaty partners violate the right to equality?