EDUCATION: The New Zealand history curriculum is viewed as groundwork for constitutional change (pages 37-38). A draft Aotearoa New Zealand Histories Curriculum has been prepared and will be rolled out to children Years 1-9 in 2023.

Further to this, the Ministry of Education is conducting a review of the NCEA curriculum for all, with the aim of providing equal status to mātauranga Māori, the inclusion of mātauranga subjects, and the removal of Latin, Art History and Classical Studies for Level 1. This will be rolled out from 2021-2026.

HEALTH: A by-Māori for-Māori health system is advocated on page 51. A Māori Health Authority is advocated on page 87. Such an Authority was set up in May 2021 - ahead of the passing of the legislation that is supposed to establish it - the Pae Ora (Healthy Futures) Bill. The intention of the legislation is to give the Māori Health Authority power over the entire public health system and it will entrench racism in our legislation. Page 90 advocates for equitable outcomes for Māori to be included as a legislative goal in the New Zealand Public Health and Disability Act 2000. This is the main objective in the new Pae Ora (Healthy Futures) legislation that will replace this Act. The new health system will be up and running in 2022.

LAND: The report advocated for law changes that would enable Māori to control access to and management of all lands and resources within their districts (page 65).

Public Land: Page 65 advocates for a partial review of Conservation General Policy and General Policy for National Parks to better reflect section 4 of the Conservation Act 1987. This review was undertaken in 2021, with public consultation expected in 2022.

Tribal Land: The report urges an enlarged iwi/hapū/whanau estate supported by substantial gifts of Crown land (page 65). A Department of Conservation-led “Options Development Group” has recommended transferring ownership of the conservation estate to private tribal entities.

Page 65 advocates for a review of the Public Works Act, with a particular focus on returning of all Crown lands "gifted" by Māori not being used for the purpose of the original gift. In February 2022, the National Maori Authority issued a press release calling for a full inquiry into the Public Works Act, calling it a modern-day land grab.

In alignment the Government recently announced a complete review of the Conservation Act to “Modernise conservation law to better reflect today's thinking”. According to the roadmap, this is to be done by 2023.

Regional "Authority": The report encourages the setting of rahui and the implementation of tribal boundaries (page 32), as they believe public acceptance of these helps to form the argument that the public accepts that Māori has ultimate authority over the area. The government has now used Covid-19 legislation to allow iwi to set up roadblocks around the country to stop people from entering the area. 

Resource Management: The report advocates for "increased Māori authority: significantly increased transfer of government powers to iwi/hapū across resource management spectrum" (page 65). The Government is currently repealing the Resource Management Act and replacing it with three new pieces of legislation to "provide proper recognition to the principles of Te Tiriti of Waitangi and provide greater recognition of te ao Māori including mātauranga Māori". The first two pieces of legislation - the Natural and Built Environments Act and the Strategic Planning Act - will be introduced to Parliament in 2022.

Biodiversity: The report recommends a joint sphere of management and governance of all resources. This policy is being promoted in the Government’s new Te Mana o te Taiao - Biodiversity Strategy. The Government is now requiring all Ministers to review those aspects of their portfolios that relate to the protection and promotion of biodiversity or that pose risks to biodiversity and ensure that the relevant Government agencies are engaged in implementing these strategies. 

The National Policy Statement on Indigenous Biodiversity requires local authorities to review all public, private and Māori land in their area to identify “significant natural areas”, and to use scientific monitoring methods and Māori customary knowledge, traditional knowledge or intergenerational knowledge methods equally. This policy statement allows Māori, working alongside councils, to identify these areas and compel landowners to restore and enhance the designated areas. This was targeted to be introduced in 2021, however, the release has been held back pending further consultation with Māori.

Foreshore and seabed: He Puapua proposes the marine and coastal area to be given to Māori groups, see page 65. This is already underway, under the Marine and Coastal Area (Takutai Moana) Act, see here and here. Based on rulings to date, it is expected that most of the coast of New Zealand will be in tribal hands, although it might take another 30 years to settle all claims.

RESOURCES: Page 63 deals with "resources", outlining the rights Māori should have over flora; fauna; aquatic life; minerals and petroleum; rivers; water; and air. 

Flora: The government is currently reviewing the Plant Varieties Act to include special conditions around ‘indigenous species’ and ‘non-indigenous species of significance’. This includes a power to refuse a PVR (an exclusive right to exploit protected variety) if "kaitiaki relationships would be negatively affected". In order to monitor this, the changes include the establishment of a Māori advisory committee to sit alongside the Commissioner to assist in determining the impact of a PVR grant on kaitiaki relationships. This was meant to be done by the end of 2021, however the legislation appears to be held up.

Water: The year 2025 is the deadline for Māori to be awarded the title to fresh water, according to page 66. Page 65 advocates for the entrenchment of joint decision-making with respect to all lands and waters. The current Three Waters reforms give iwi groups 50% control over the infrastructure and management of our three waters assets throughout New Zealand. The reforms are to be completed by 2024. 

Page 64 advocates for a Te Mana o te Wai Commission with Māori co-governance. Taumata Arowai and a Māori Advisory Board or "Rōpū Māori" (soon to be upgraded from an advisory board to a partnership) - who's key objective is to give effect to Te Mana o te Wai - was launched in 2021.

Page 64 advocates for Māori to receive royalties for the use of particular natural resources such as water, petroleum and minerals. This is also repeated on page 31. Within the Three Waters reforms, the Government has not ruled out the introduction of water royalties for Māori at a later stage.

LANGUAGE: The plan calls for additional steps to ensure that the Māori language will be flourishing and its use widespread, see page 75. This is well underway.

Page 75 also calls for te reo Māori to be made a compulsory curriculum subject in primary education by 2035. On Waitangi Day 2022, Race Relations Commissioner Meng Foon announced he had written to Chris Hipkins in 2021 calling for the government to introduce te Reo as a compulsory subject within 5 years.

GOVERNANCE: As well as the introduction of Māori government (rangatiratanga) to sit alongside the current government (kāwanatanga), the report calls for the consideration of a Tiriti body or court to regulate jurisdictional boundaries between the two governments (page 11).

The report calls for a Māori constitutional convention as per Matike Mai’s recommendation to be held in 2021 to further the discussion as to how Māori wish to exercise rangatiratanga at the constitutional level, and develop an engagement strategy (page 38). This convention was held on 6 February 2021. You can view the video in two parts here and here.

Central Government: He Puapua wants the Māori seats in Parliament entrenched, see page 46. There has already been an attempt to entrench the Māori seats, but the bill was withdrawn due to lack of support by previous governments. This is likely to be re-introduced to Parliament within the current term of government.

The report advocates for the Crown to create joint Ministers and Associate Ministers that focus on the Māori dimension of the relevant Ministry (page 89). In the current term of Government we have an Associate Minister of Health (Māori Health) - Peeni Henare, Associate Minister of Housing (Māori Housing) - Peeni Henare, Associate Minister of Education (Māori Education) - Kelvin Davis and the Parliamentary Under Secretary to the Minister for Trade and Export Growth (Māori Trade) - Rino Tirikatene.

Local Government: The plan also advocates changing both the Local Government Act 2002 and the Local Electoral Act 2001 to enable the creation of Māori wards in local councils, see page 47. This was done in early 2021.

The Government is currently undertaking a Review into the Future of Local Government. The Interim Report released in 2021, states that they are actually undertaking a review of "local governance", in order to "consider how New Zealand’s system of local democracy and governance will need to evolve over the next 30 years in order to improve the wellbeing of New Zealanders, and actively embody the Treaty partnership". The draft recommendations are due in 2022.

LAW: Page 27 calls for tikanga Māori to be functioning and applicable across Aotearoa under Māori authority and, where appropriate, under Crown authority by 2040.

Defined as "Māori customary values and practices", tikanga made its way into the Marine and Coastal Area Act in 2011, delivering huge consequences 10 years later. Early in 2021 the High Court delivered a ‘bombshell’ ruling. Instead of claimants having to satisfy the two tests under the Marine and Coastal Area Act, namely the common law property rights test of holding the area exclusively and continuously since 1840, and holding it according to tikanga, they ruled that tikanga trumps the common law requirement of exclusivity. This is a far-reaching decision, as it means that tikanga has been elevated above our common law. The current  Attorney General declined to appeal this landmark ruling.

Further to this, the government has asked the New Zealand Law Commission to review the role of tikanga and te ao Māori concepts in law. The initial scoping work has been commenced, however, no date for the completed review has been announced.

Page 47 suggests and update the Bill of Rights Act to direct the courts to interpret legislation consistently with te Tiriti, and to make declarations of inconsistency where that is not possible (in order to trigger a parliamentary process for consideration). This is currently making its way through Parliament. 

Courts: Page 86 calls for the establishment of more therapeutic and specialist courts and to normalise these approaches in the mainstream court process. It also calls for a reform of the family court and care and protection process, including establishing a tikanga Māori focused pilot. Page 87 calls for the establishment of a separate Māori court system by 2040.

Page 91 calls for a review of s 27 of the Sentencing Act 2002 with a view to expand the use of cultural reports beyond sentencing, allow Judges to direct the provision of reports and increase funding. The number of and cost of these reports has ballooned to $3.3 million over the past few years.