In this engaging discussion, Christopher Finlayson, a prominent New Zealand lawyer and former Attorney-General, shares insights on his book, 'He Kupu Taurangi.' He delves into the intricate treaty settlement process, emphasizing the need for direct engagement with Iwi. Finlayson sheds light on the historical struggles of the Tūhoe and the evolution of governance rights. He also explores the significance of place names, discussing their cultural implications and the journey of the Wanganui iwi in seeking recognition for their spiritual connection to the Wanganui River.
Christopher Finlayson emphasizes the necessity of engaging directly with Iwi representatives for effective treaty negotiations recognizing historical grievances.
The innovative legal recognition of the Urewera region's personality marks a significant shift in perspectives on land ownership and cultural connections.
Deep dives
He Ku Pu Tu Rangi: A Promise of the Future
The book 'He Ku Pu Tu Rangi' is described as an optimistic recognition of the progress made in treaty settlements since the establishment of the tribunal in 1975. This work emphasizes the importance of viewing the Treaty of Waitangi as an agreement between Iwi and the Crown, not simply between different races. The discussion highlights how interpretations of the Treaty continue to evolve, with emphasis on who represents Māori groups in negotiations. Finlayson asserts that the correct interpretation recognizes the role of Rangatira, or chiefs, in negotiating the Treaty on behalf of their Iwi.
Navigating Treaty Negotiations
Christopher Finlayson's experience in Cabinet is noted, particularly regarding his involvement in treaty negotiations, where he played a crucial role in finalizing numerous settlements. He emphasizes the importance of engaging directly with the right representatives from Iwi to ensure effective negotiations that acknowledge historical grievances. Finlayson reflects on a specific instance where he initiated negotiations early in his ministerial role, illustrating the complexities and challenges involved in these discussions. The work done during his tenure has had a significant impact, as a substantial number of settled agreements were finalized under his leadership.
The Tuhoei Settlement and Legal Personality
The Tuhoei settlement is presented as a landmark negotiation, addressing historical grievances related to land confiscation and the establishment of a national park without consultation. Finlayson highlights that the Tuhoei were aware of their historical claims and expectations from negotiations, understanding the injustices they faced over generations. The groundbreaking legal concept introduced during these negotiations involved granting the Urewera region its own legal personality, which marked a departure from traditional views of land ownership. This innovative approach acknowledged the deep cultural and spiritual connections that the Tuhoei have with their land, reshaping how negotiations with Māori groups are conducted.
Apologies and Acknowledgments of Historical Wrongs
Finlayson discusses the sensitivity surrounding official apologies made to Māori groups, particularly focusing on the historical injustices faced by communities such as Parihaka. The process of crafting meaningful apologies is described as complex, involving careful negotiations to ensure that they genuinely reflect the grievances acknowledged. Insights regarding the importance of addressing wrongs without simply offering performative apologies are emphasized, as Finlayson insists on the necessity of historical accuracy and respect for those affected. This commitment to sincere acknowledgment represents a vital aspect of healing relationships between the Crown and Māori communities.
The Honourable Christopher Francis Finlayson is a New Zealand lawyer and former Member of Parliament, representing the National Party.
He practiced law in Wellington as a solicitor before going to the Bar in 2002. He was elected to Parliament in 2005 and became Attorney-General and Minister for Treaty of Waitangi Negotiations in 2008.
During his Ministerial career he also held a number of other portfolios. He was chair of the Privileges Committee of Parliament from 2011-2017.
Together with James Christmas, Christopher authored He Kupu Taurangi: Treaty Settlements and the Future of Aotearoa New Zealand.
Join Damien Grant as he interviews Christopher Finlayson about He Kupu Taurangi, the treaty settlement process and his views of the law in these matters.