He Tirohanga Whāiti: Focus Area Report

In this report, we adopt a Futures Thinking approach to delve into the intricate dynamics surrounding the weight of the past and the push of the present within the context of tikanga Māori, Te Tiriti o Waitangi, and marine governance.

We scrutinize its historical significance, from its utilization in trade prior to and after the arrival of British settlers in 1840 to the ensuing power struggles following the signing of He Whakaputanga and Te Tiriti o Waitangi (the Treaty of Waitangi/Te Tiriti).

Of particular focus is the evolution of Māori fishing rights, deeply rooted in tikanga, which were recognized by British common law yet gradually eroded over time. It wasn’t until the Fisheries Deed of Settlement in 1992 that the Crown formally acknowledged its duty to protect Māori rangatiratanga (chieftainship) over their fisheries. Through an examination of current customary, commercial, and takutai moana (coastal marine area) policy and legislative regimes, we aim to elucidate the necessary changes in marine governance required to uphold tikanga and honour Te Tiriti o Waitangi.

Our report culminates in a Causal Layered Analysis, a tool designed to delve beyond surface-level issues to uncover deeper systemic, worldview, and myth layers. Through this analytical lens, we endeavour to gain a comprehensive understanding of the challenges and opportunities that lie ahead in each of the focus areas, thereby paving the way to develop insights that will assist with developing marine governance arrangements that are underpinned by tikanga and Te Tiriti o Waitangi.