Regulatory Standards Bill Submission

My name is Kym Hamilton ?of Ngāti Kahungunu , Ngā Rauru and Ngāti Raukawa.? I live in Otautahi/Christchurch and work as an evaluator and researcher.? In my work and life, I have witnessed and created reports highlighting the dangers of policy, legislation and regulation that fail to consider the harm to our people, lands and society.

I oppose the Regulatory Standards Bill, as presented, for many reasons, including the fact that it seeks to undermine our collective rights and interests as tangata whenua and citizens of Aotearoa.?

This bill is yet another breach of Te Tiriti o Waitangi.? It also contravenes most international obligations and multi-lateral treaties; the New Zealand Government is a state party to, including UNDRIP, COP, etc to issues such as human rights, Indigenous rights, biodiversity, intellectual property, genetic modification, conservation, trade, transport, communications, and other economic issues.?

The submission process for this bill is unwieldy and uses citizen space as a ‘tool’. Its design offers Hobson’s choice for submitters. The process fails to adequately share relevant information about the bill’s true intentions in a way that is accessible for most New Zealanders, essentially removing our rights as citizens to have a say on this bill. The redacted Te Tiriti O Waitangi analysis on the bill is another example of an underhanded process without transparency.

The bill fails to recognise Te Tiriti o Waitangi or Iwi/Māori self-determination and that we all live on tipuna land in Aotearoa.

The Bill fails to explicitly acknowledge the partnership between the Crown and Māori, as Te Tiriti o Waitangi outlined. This would require incorporating the articles of Te Tiriti (1840) and principles of mutual respect, shared decision-making, and upholding Te Tiriti and Māori rights and interests.

The Bill should recognise and uphold tino rangatiratanga or Māori sovereignty over our affairs, including our right to self-determination, cultural practices, and resource management.

The Bill should ensure that regulatory standards are applied fairly and equitably, considering the unique needs and circumstances of Māori communities and the social, cultural, environmental, and economic issues inherited from successive governments. However, the bill fails to discuss and consider the negative impact of potential regulations on Māori cultural practices, land rights, and economic development and redress or reclamation of these. ?

Māori Participation and Co-Governance:

The Bill should establish mechanisms for Māori/Iwi partnership or co-governance along with local, diverse representation in and on regulatory bodies, ensuring Iwi and community voices are heard in designing, developing and implementing regulations.

The Bill should require mandatory sign-off by Iwi/Māori communities on all regulations that could potentially impact their rights and interests.

Māori-led Regulatory Processes: The Bill could establish Māori-led regulatory processes for specific regulation and development areas that directly affect Māori, such as land, water and resource management development or cultural heritage protection. ?Matauranga Māori should guide any regulatory development, as this is what is unique to our nation and land.

Thus providing a check on the unbridled power of the government and those who seek to advance profit over people, ?government lobbyists (such as Phillip Morris and other international conglomerates), capitalists and cronies. ?

The Bill should be consistent with legislation that upholds Te Tiriti o Waitangi principles, such as the Treaty of Waitangi Act 1975. ?The Bill should seek to address past breaches of Te Tiriti o Waitangi, such as the loss of Māori land and resources, and work towards a more equitable and just relationship between the Crown and Iwi/Māori.

The Bill must include provisions that protect and promote te reo me ona tikanga Māori in regulatory processes.? The Bill should include provisions that protect Māori lands and taonga, including waahi tapu, te reo me ona tikanga, matauranga Māori, and other expressions of self-determination and tikanga.

The Regulatory Standards Bill, as presented, doesn't adequately provide a mangai for Te Tiriti o Waitangi or Māori self-determination. The Bill must be significantly improved to honour Te Tiriti o Waitangi and support Māori self-determination. This would require a genuine commitment to working in a co-governance partnership with Iwi/Māori now and for future generations.

Māori Jurisprudence:? Māori traditional knowledge is rooted in?Tikanga Māori, a system of values, principles, processes, practices, and procedures that guide Māori thought and life.? It's not simply a set of rules but a living, evolving system that reflects Māori worldview, values, and relationships.? This bill fails to give effect to this.

A key element of our Tikanga is?Whanaungatanga, which emphasises kinship, interconnectedness, and responsibility. It's a fundamental concept that guides how we interact in harmony and cohesion with each other, our atua and the environment.? This bill fails to recognise or account for this.

Kaitiakitanga is the ethic of guardianship and stewardship over natural resources. It recognises the interconnectedness of all things and emphasises the responsibility to care for the environment for present and future generations.?

Te Tiriti o Waitangi, the founding document of New Zealand, acknowledges Māori sovereignty (unceded) and rights. However, government interpretation and implementation have been fraught with challenges, leading to a need for better integration of Māori jurisprudence and our current legal framework

This bill is a wholesale embrace of neoliberal worldviews and legal systems promoted by Western law that emphasise individual property, ownership and extractive rights for the few that are damning us to a profit-driven, planet-plundering future with a climate crisis.? ?

Tikanga and Matauranga Māori, informed by generations and years of wisdom, speak of relationships, responsibilities, obligations and collective well-being to ensure our land can support us and us, her.?

Environmental Law:?Kaitiakitanga has been increasingly recognised in environmental law, with the Whanganui River being declared a legal person, reflecting the interconnectedness of Māori and the environment.

Resource Management:?Mātauranga Māori is increasingly being incorporated into resource management frameworks, recognising the importance of Māori knowledge in sustainable resource use.?

The recognition of Māori cultural heritage, including taonga (treasures) and wāhi tapu (sacred sites), is and should be more prominent in any regulatory or legal frameworks.?

This bill and existing Western legal frameworks fail to acknowledge Mātauranga Māori, tikanga and traditions for peaceful co-existence. In Aotearoa, our laws and regulations should be tikanga-led. I recommend the New Zealand government sign up for ILO-169 before making further regulatory or legislative changes.

This submission process and the bill (like most others introduced by this coalition government) are promoting and seeking unchecked and dangerous power imbalances that oppress and commodify our people, citizens, the land and our country.

Māori and all communities must be empowered to have an authentic participatory voice in shaping legal and regulatory frameworks that affect them and us all.? This bill and process obscenely fail to do this.?