This is a single section from Chapter 5. Read the full chapter here.

Does the proposed legislation affect, or have the potential to affect, the rights or interests of Māori under the Treaty?

Māori interests that will be affected by the proposed legislation should be identified.

Legislation may affect the rights and interests of Māori if it impacts on the relationship between the Government and Māori, the durability of treaty settlements, or the possession, use, or ownership of land, waterways, forests, fisheries, taonga, and other resources. Taonga may include tribal heirlooms or weapons, and intangible treasures such as language, cultural practices, and traditions.

The Treaty is a living document. This refers to the common understanding that the meaning and application of the Treaty will change as society and circumstances evolve, and that the interests of Māori to be protected under the Treaty are not only those that existed when the Treaty was signed. A Māori interest may arise in respect of the right to develop a resource that was either undiscovered or unexploited at the time the Treaty was signed. Interests might also be affected by the use of new technology, such as the ability of Māori to have access to television and radio broadcasts to promote culture and language. A Māori interest may also arise in issues where Māori are disproportionately affected.

Early engagement with Māori will assist the identification and understanding of interests and help develop policy options for their recognition (see 2.5 and 5.5 for more information regarding consultation with Māori). The Crown Law Office, Te Arawhiti and Te Puni Kōkiri should be consulted to assist the identification of interests that will be affected.

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