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KAIPUTAHI
HOW WE HAVE DEVELOPED
THE CONTSTITUTION
1. Ngariki Kaiputahi Whanau Trust commissions governance and constitution review: Mid
2004
2. Governance models reviewed: Completed September 2004
3. Select a governance option: Representative Democracy; Three branches of
government – Legislative, Judicial and Executive
4. Trustee mandate for further development: Received Nga Ariki Kaiputahi 2004 AGM
5. People mandate for further development: Received Nga Ariki Kaiputahi 2004 AGM
6. Education process: Begun first week of November – weekly hui and Mangatu Marae
and various hui around the country
7. Invite submission: Current activity; informally via verbal and written; through
representative trustee; final submissions 28th - 30th January 2005 Hapu Wananga
8. Review assessment: ongoing
9. Finalise draft constitutional framework: After 28th - 30th January 2005 Hapu Wananga
10. Trustees give mandate to finalise constitutional draft: March onward 2005
11. Six Hui at Mangatu Marae to ratify each article of the constitution: Feb, Mar, April, May
12. Full and final development of constitutional articles: June 2005
13. Presentation of completed constitution: July 2005 Hapu Wananga
14. Fully operational Hapu government mandated and incorporated: January 2006
POLICY
DEVELOPMENT
• CONSTITUTIONAL CONSTITUTIONAL
Primary Laws and Principles DEVELOPMENT COMMITTEE
• The main branches of government are separate and distinct from one another. The
powers given to each are delicately balanced by the powers of the other. Each
branch serves as a check on potential excesses of the others.
• The Constitution, together with laws passed according to its provisions, stands
above all other Hapu laws, executive acts and regulations.
• All persons are equal before the law and are equally entitled to its protection. All
Whānau are equal, and none can receive special treatment from the Hapu
government. Within the limits of the Constitution, each Whānau must recognize
and respect the laws of the others. Whānau governments, like the Hapu
government, must be democratic in form, with final authority resting with the
people.
• The people have the right to change their form of Hapu government by legal
means defined in the Constitution itself.
CONSTITUTION
Preamble
Article One
Article Two
Article Three
Article Four
Article Five
Article Six
Article Seven
CONSTITUTION
PREAMBLE
Four Sections
1. Establishing The Validity of The Constitution
2. Establishing Te Ao o NgaAriki as the Basis for Hapu Tikanga
3. Identifying the Hapu Citizens
4. Establishing the form, powers and qualifications of the Hapu
Government
Passed
5/3/05
Confirmed By Marcus Lloyd
Project Manager
PREAMBLE
SECTION I:
• The Hapu represents all the mokopuna descended from Rawiri Tamanui – not
including his brothers or uncles
• This section establishes our rights to happiness, freedom and Arikitanga (self
governance under the principles of the Treaty of Waitangi)
• We are “Hapu” in the traditional sense and equal to “Iwi” status in the modern sense
• We have no debts to the New Zealand Government, Tuhoe, Ngati Hauiti, Te Aitanga a
Mahaki, Wahia, Ngati Porou, Te Runanga o Turanga Nui a Kiwa or any other power that
has claimed authority over us
• Indeed, the debt is with many of them to Nga Ariki Kaiputahi, the Mana Whanua of
Mangatu.
• Rawiri Tamanui and the Hapu he governed held the ancient right to the inheritance of
the four Ariki including whakapapa and the right of title use: Nga Ariki Kaiputahi
"Those who expect the blessings of freedom must undergo the fatigue of supporting it.“
Thomas Paine
PREAMBLE
TANGATA WHENUA
Te Tiriti o Waitangi
Notable Events Colonisation
Tangata Whenua Absorbtion Maori Decline Revival
PREAMBLE
SURROUNDING HAPU/IWI
Copyright © 2005
Ngariki Kaiputahi Whanau Trust
PREAMBLE
NGĀ ARIKI / OTHER IWI
(Taururangi)
NGA ARIKI ROTOAWE (Kahutapere)
Line of Conquest
Tamarere Mahaki
Ngaitahu Wahia
Rangitumaro
NGA ARIKI PO
Line of Conquest
MANGATU TIMELINE
Mangatu
Nga Ariki Kaiputahi
Nga Ariki Po
Nga Ariki Rotoawe
Waihere
Wahia
Mahaki
Turanga
Ngai Tamanuhiri
Rongowhakaata
PREAMBLE
SECTION II
Te Ao o NgaAriki
TE ĀO O NGĀARIKI
THE CONSTITUTION
NGĀ TURE E TORU O TE ATUA
THE THREE GREAT LAWS OF GOD
Te Āo o Ngā Ariki
Truth
Kaitiaki: Io Matua/God
Realm: The Heavens – Turth, Mauri, Aroha, Holiness
Te Āo o Ngā Ariki
Truth
Children
Ngā Mahi o Ngā Tamariki: To learn, to live, to teach the four laws of Rāwiri Tamanui
Ngā Mahi o Ngā Hapu: Protect and grow Ngā Tāonga Tuku Iho (The Great Legacy)
MANAWA - THE BEATING HEART
THE PRINCIPLE OF PERA TE UATUKU
Te Āo o Ngā Ariki
Truth
Children
Mother
Ngā Mahi o Ngā Whāea: Continuation of the Hapu to the 7th generation
Ngā Mahi o Ngā Hapu: Protect and grow the emotional health of the Hapu
Ngā Tari - Hapu Services: Health, Social Services, Arts
HINENGARO - THE SACRED MIND OF WOMAN
THE PRINCIPLE OF MATEKINO
Te Āo o Ngā Ariki
Truth
Children
Mother
Grandmother
Te Āo o Ngā Ariki
Truth
Children
Mother
Grandmother
Grandfather
Kaitiaki: Te Hira
Realm: Spiritual Wellbeing - Faith, Inspiration, Piety, Tapu
Te Āo o Ngā Ariki
Truth
Children
Mother
Grandmother
Grandfather
Father
Te Āo o Ngā Ariki
Symbols
Father
Mother
Grandmother
Wonder Grandfather
Challenge
Children Fear
Big bad world
Paepae
Passed
5/3/05
Confirmed By Marcus Lloyd
Project Manager
NGĀ ARIKI THROUGH
PUHINGA
Pera Te Uatuku
Ruiha Harata
Peter Rāpana
No Issue Kiri
Hoki Moana
NGA TIPUNA
Puhinga Rakaia
Ngamaka Rakihore
Marutaiaroa
• Nga Ariki Rotoawe
Puatahi • Nga Ariki Po
Marutaiaroa
Te Whanau
A Kai
PREAMBLE
SECTION IV
Passed
5/3/05
Confirmed By Marcus Lloyd
Project Manager
BASIC IDEALS OF FAIR, EQUITABLE
AND SOUND GOVERNMENT
Federalism
Residual sovereignty of each Whanau
Republicanism - Representation/Participation
Portions of that power is delegated to representatives elected and sustained
by the people – major decisions taken to the people
Limited Government
Government may only do what the people give it the authority to do.
ORGANISATIONAL
STRUCTURE
The People
Te Āo o NgāAriki
Kāhui Ariki
• Hapu Runanga
Taua
– Elected leaders representing the 11 tipuna Kahui Rangatira
• Whanau Runanga
– Chosen leaders representing the 50 whanau
ensuring population based representation
THE CONSTITUTION
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
Nine Sections
1. Establishing The Kahui Rangatira
2. Hapu Runanga
3. Whanau Runanga
4. Times of Operations
5. Rights to Self Policy
6. Awards and Restrictions of Members
7. Distribution of Congress Powers and Operations
8. Powers
9. Laws to the Whanau
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
KĀHUI
RANGATIRA
HAPU RUNANGA Whānau Runanga
The Hapu Council of the Twelve Rangatira Hapu Runanga
Tipuna Representation
11 Hapu Rangatira 51 Whanau
Representatives
Matekino
5 6 7
TeHira
Huritahataha 1. 4 8
3 9
2 10 7. Ruahine Kino/Mōkeke
Harata Rapana 2.
1 11 8. Mereaira/Mutu
Apihai Jack 3.
9. Rāwiri Tamanui II
Herewini Sam 4. 12
10. Paiharehare
Kiri Hine Puhi 5. The First Rangatira
Hoki Moana Chair of Kahui Rangatira 11. Harata
Peter Rāpana Ruiha 6.
• Each protects the tikanga of each • Charitable Trust • Meet regularly to work to develop
tipuna • Elected Leaders/Rangatira and protect the interests of the Hapu
• Represent the people • First Rangatira Chair • Makes or passes laws pertaining to
• Checks the actions of the two • 3 Term Office Iwi development for the benefit of
other branches of Government • Decision making is bottom up the people
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
KĀHUI
RANGATIRA
WHANAU RUNANGA Hapu Runanga Whānau Runanga
50 Whānau Representatives
Represents each of the sub families
11 Hapu Rangatira 51 Whanau
Population based representation Representatives
Huritahataha Harata Rāpana 1. Heni Apihai Jack Herewini Sam HinePuhi Ruiha
2. Ka
1. Richard Haerewa 1. Hilda 3. Jack Robin 1. Kola 1. Kiri 1. Kura Wi Hororiri
2. Lena Bristowe 2. Pat 4. Johnny 2. Topsy 2. Whakatangihau
– dni 3. Miki Tawaka
4. Albert
5. Maude 5. Bully
6. Polly - dni 6. Rosie
7. Dan 7. Violet
8. Michael
9. Jack Robin
10. Rangi
11. Sonny
12. Paruru
13. Frances Tuhou
[2] Rangatira of the Hapu Runanga shall be established into two classes, defining the procedure in
which they shall be elected and incorporated into the Hapu Runanga. Class one, of which there shall
be no more than six Rangatira elected in the first year of the first term, shall be incorporated in the
first year; class two, of which there shall be no more than five Rangatira elected in the second year
of the first term, shall be incorporated in the second year; and if vacancies happen by resignation or
otherwise, the Kahui Ariki shall make a temporary appointment until the next election fills such
vacancies.
[3] No person shall be a member of the Kahui Rangatira who shall not have attained to the age of
eighteen years, and not be a natural or naturalized member of the respective chiefly family they
represent.
[4] The Hapu Runanga shall appoint one of their assembly as the First Rangatira and to act as
counselor to the Kaitiaki of Nga Ariki Kaiputahi and as member of the Board of Directors of the Taua.
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
[5] The Hapu Runanga shall choose their other officers and also a temporary First Rangatira in the
absence of the appointed First Rangatira.
[6] The Hapu Runanga shall have the sole power to adjudicate all impeachments. When sitting for
that purpose, they shall be on oath or affirmation. When an Executive Officer of the Taua is tried, the
Kaitiaki shall preside; and no person shall be convicted without consensus of the members present.
[7] Judgment in cases of impeachment shall not extend further than to: removal from office, and
disqualification to hold and enjoy any office of honor or trust [or profit] under NgaAriki Kaiputahi;
but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and
punishment, according to Hapu and national law.
[2] No person shall be a Representative who shall not have attained to the age of eighteen years, and
not be a natural or naturalized member of the respective Whanau family they represent.
[3] When vacancies happen in the representation from any Whanau, the Kahui Ariki shall issue writs
of election to fill such vacancies.
[4] The Kahui Rangatira shall have the sole power of impeachment.
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
Section IV – Times of Operations
[1] The times, places and manner of holding elections for Rangatira and Whanau Representatives
shall be prescribed in each whanau collective by the representatives thereof; but the Hapu Runanga
may at any time by law make or alter such regulations.
[2] The Kahui Rangatira shall assemble at least once in every year, and such meeting shall be on the
first Monday in December, unless they shall by law appoint a different day.
[2] The Hapu Runanga and Whanau Runanga respectively, may determine the rules of its
proceedings; punish its members for disorderly behavior, and with the concurrence of two-thirds,
and ratification of the Kahui Ariki, expel a member.
[3] Each Runanga shall keep a journal of its proceedings, and from time to time publish the same,
excepting such parts as may in their judgment require privacy, and the yeas and nays of the
members of either Runanga on any question shall, at the desire of one-fifth of those present, be
entered on the journal.
[4] Neither Runanga, during the session of Assembly, shall, without the consent of the other adjourn
for more than three days, nor to any other place than that in which the two Runanga shall be sitting.
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
Section VI – Awards and Restrictions of Members
[1] The Rangatira and Whanau Representatives shall receive a compensation for their services, to be
ascertained by policy and paid out of the Nga Ariki Kaiputahi Treasury
[2] No Rangatira shall be appointed to an executive office in the Taua excepting the First Rangatira
who shall only have a seat on the board of directors.
[2] Every proposition which shall have passed the Whanau Runanga and the Hapu Runanga shall,
before it become a law, be presented to the Kahui Ariki and Taua; if they approve they shall sign it,
but if not they shall return it, with their objections, to that Runanga in which it shall have originated,
who shall enter the objections at large on their journal and proceed to reconsider it. If after such
reconsideration a consensus of that Runanga, if it is the Hapu Runanga, or two thirds, if it is the
Whanau Runanga, shall agree to pass the proposal, it shall be sent, together with the objections, to
the other Runanga, by which it shall likewise be reconsidered, and if approved by consensus of that
Runanga, if it is the Hapu Runanga, or two thirds, if it is the Whanau Runanga, it shall become a law.
But in all such cases the vote of the Whanau Runanga shall be determined by yeas and nays, and
the names of the persons voting for and against the proposition shall be entered onto its journal. If
any proposition shall not be returned by the Kahui Ariki and Taua within thirty working days after it
shall have been presented to them, the same shall be a law, in like manner as if they had signed it,
unless the Kahui Rangatira by their adjournment prevent its return, in which case it shall not be a
law.
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
[3] Every order, resolution or vote to which the concurrence of the Hapu Runanga and Whanau
Runanga may be necessary (except on a question of adjournment) shall be presented to the Kaitiaki,
First Rangatira and Chief Executive; and before the same shall take effect shall be signed by them.
[2] The Kahui Rangatira shall have power to lay and collect taxes, duties, imposts and excises, to
pay the debts and provide for the common defense and general welfare of the Hapu; but all duties,
imposts and excises shall be uniform throughout the Hapu
[3] No preference shall be given by any regulation of commerce or revenue to one Whanau over
those of another
[4] To establish an uniform rule of naturalization, and uniform laws on the subject of rights,
privileges and restrictions throughout the Hapu
[8] No money shall be drawn from the Treasury but in consequence of appropriations made by
law; and a regular statement and account of the receipts and expenditures of all public money
shall be published from time to time.
[9] No title of nobility shall be granted by the government of Nga Ariki Kaiputahi; and no person
holding any office of profit or trust under them shall, without the consent of the Kahui Rangatira,
accept of any present, emolument, office, or title of any kind whatever from any commercial,
national, or foreign state or entity.
[10] To make all laws which shall be necessary and proper for carrying into execution the
foregoing powers, and all other powers vested by this Constitution in the Government of Nga
Ariki Kaiputahi, or in any department or officer thereof.
CONSTITUTION
ARTICLE I: KAHUI RANGATIRA
Section IX – Laws to the Whanau
[1] No Whanau shall enter into any treaty, alliance, or confederation; grant letters of marque and
reprisal; pass any bill of attainder, ex post facto law or law impairing the obligation of contracts.
[2] No Whanau representative, representing the Hapu shall, without the consent of the Hapu
Government, enter into any major agreement or compact with another whanau or with a foreign
power.
Passed - 29 May 2005, Constitution Hui held at Mangatu Marae Six in Attendance
Additions: Owen Lloyd Sid Tamanui
• “generally” Section II, 1; Section III, 1 Jasmine Puia Vanessa Puia
• “Whanau representative, representing the Hapu shall” Section IX, 2 Lisa Brown Marcus Lloyd
• “within thirty working days” Section VII, 2
Deletion;
• “or Profit” Section II, 7
• “or being disapproved by them, shall be repassed by consensus of the Hapu Runanga and by two-thirds of the Whanau Runanga,
according to the rules and limitations prescribed in the case of a bill.” Section VII, 3
Rewording;
• “Kahui Rangatira (Assembly of Leaders)” Section I
• ‘from” to “for” Section II,1; Section III,1
• “taxes” to “levy’s” Section VII, 1
• “approved” to “signed” Section VII, 3
Discussion on non-competition with Hapu inclusion into Section IX – Laws to the Whanau to be furthered at Hapu Wananga
CONSTITUTION
ARTICLE II: TAUA
• Entrusted with Economic Development Te Ao O Nga Ariki
• Executive Director
• Enforces Kāhui Rangatira directives
• Defines Hapu programs
Kahui Rangatira
TAUA
Executives & Academics
THE CONSTITUTION
CONSTITUTION
ARTICLE II: TAUA
Executives & Academics
Professional Management Team
Taua
COMMITEE OF THE
SEVEN GREAT LAWS
• Enforces laws and programs • Limited Liability Company • Enforces Kāhui Rangatira directives
• Conducts daily business for the • Hired by Kāhui Rangatira • Defines Hapu programs
acomplishment of the Constitution • Corporate Management • Enacts Hapu development
• Checks the actions of the two other • Employment Contract
branches of Government • Decision making is top down
CONSTITUTION
ARTICLE II: TAUA
Three Sections
1. Establishing The Taua
2. Powers
3. Powers Continued
4. Removal from Office
CONSTITUTION
ARTICLE II: TAUA
Section III – Powers
The Tumuaki shall from time to time give to the Kahui Rangatira information of the
state of the Taua, and recommend to their consideration such measures as he shall
judge necessary and expedient; he may, on extraordinary occasions, with the support
of the Kaitiaki and First Rangatira, convene both the Hapu and Whanau Runanga, or
either of them, and in case of disagreement between them with respect to the time of
adjournment, he may adjourn them to such time as he shall think proper; he shall take
care that the laws of the Hapu in regards to the Taua be faithfully executed, and shall
commission all the officers of the Taua.
Kahui Ariki
KĀHUI ARIKI
JUDGES AND AUTHORITIES
• Kaitiaki
• Eleven Ariki of the Seven Realms
• Kāhui Kaumātua
• Protects the constitution
• Teaches Te Āo o Ngā Ariki
• Restorative justice
• Checks other two branches
• Can be impeached by the Kāhui Rangatira
CONSTITUTION
ARTICLE III: KAHUI ARIKI
KAHUI ARIKI
Judges and Authorities
5. Marae 8. Hinengaro
6. Te Reo 7. Mana Māori
KAHUI KAUMATUA
TEKAU MA RUA O NGA ARIKI (Including Honorary Kaumatua)
Three Sections
1. Establishing The Kahui Ariki
2. Powers
3. Oath Laws
CONSTITUTION
ARTICLE III: KAHUI ARIKI
Section I - The Award of Power from the People
The judicial power of Nga Ariki Kaiputahi Hapu shall be vested in the Kahui Ariki, which shall consist of
the: Tekau Ma Rua o Nga Ariki, including a Kaitiaki; Kahui Kaumatua; and in such inferior bodies as the
Kahui Rangatira may from time to time ordain and establish. The Tekau Ma Rua o Nga Ariki, Kaitiaki and
Kaumatua, and any other officer appointed for such inferior bodies, shall hold their offices during good
behavior, and shall, at stated times, receive for their services a compensation which shall not be
diminished during their continuance in office.
[2] The Kahui Rangatira shall have power to declare the punishment of treason, but no
attainder of treason shall work corruption of blood or forfeiture except during the life of
the person attainted.
W whanau
H hapu
I iwi
CONSTITUTION
ARTICLE IV
Four Sections
1. Whanau Recognition of Proceedings
2. Privileges and Obligations of Whanau Citizens
3. Union and Territories of Whanau
4. Guarantee to Whanau of Republican Government
CONSTITUTION
ARTICLE IV
Section I – Whanau Recognition of Proceedings
Full faith and credit shall be given for each of the Whanau Assemblies to the public acts, records, and
judicial proceedings of the several Whanau Assemblies. And the Kahui Rangatira may by general laws
prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof.
[2] The Kahui Rangatira shall have power to dispose of and make all needful rules and regulations
respecting the territory or other property belonging to Nga Ariki Kaiputahi; and nothing in this Constitution
shall be so construed as to prejudice the claims of Nga Ariki Kaiputahi or of any particular Whanau
Assembly.
The Kahui Rangatira, whenever a consensus of the Hapu Runanga and two-
thirds of the Whanau Runanga shall deem it necessary, shall propose
amendments to this Constitution, or, on the application of the legislatures of
two-thirds of the several Whanau Assemblies, shall call a convention for
proposing amendments, which in either case shall be valid to all intents and
purposes as part of this Constitution, when ratified by the legislatures of three-
fourths of the several Whanau Assemblies, or by conventions in three-fourths
thereof, as the one or the other mode of ratification may be proposed by the
Kahui Rangatira.
CONSTITUTION
ARTICLE VI
[2] This Constitution, and the laws of Nga Ariki Kaiputahi which shall be made in
pursuance thereof, and all treaties made, or which shall be made, under the
authority of Nga Ariki Kaiputahi, shall be the supreme law of the Hapu; and the
authorities in every Whanau Assembly shall be bound thereby, anything in the
Constitution or laws of any Whanau Assemblies to the contrary
notwithstanding.
[3] The Rangatira and Representatives before mentioned and the members of
the several Whanau Assembly legislatures, and all executive and judicial
officers both of Nga Ariki Kaiputahi and of the several Whanau Assemblies,
shall be bound by oath or affirmation to support this Constitution; but no
religious test shall ever be required as a qualification to any office or public
trust under Nga Ariki Kaiputahi.
CONSTITUTION
ARTICLE VII
(PROCESS OF RATIFICATION)
• INTERIM RANGATIRA
• FIND AND TEACH THE WHANAU MEMBERS
• PREPARE THE ELECTIONS
JANUARY 2006
• ELECTIONS OF RANGATIRA
• LEGAL INCORPORATION OF HAPU: JANUARY 2006
• APPOINTMENT OF ARIKI
• ESTABLISHMENT OF TAUA
• READY TO RECEIVE SETTLEMENT OF TREATY CLAIM\
• BACK IN BUSINESS
KA TU AU
BY MATUA BROWN
Ka tu au ka titiro Ka haere taku titiro ki te hauraki
Ki te hauauru Tu mokemoke ana Arowhana
Ki te tonga o te ra Ka huri taku titiro
Tu mai Maungahaumia, te maunga tapu Ki te rawhiti
O Nga Ariki Kaiputahi e Ki te unga mai o te ra
Tu mai Herehereuma
Ka titiro whakararo Te waihi tapu o Nga Ariki
ki nga awa e rere nei Te pakanga ki te taua
Rere ana Mangamaia Ko Rawiri Tamanui te toa e
Rere ana Mangapapa
Rere ana Urukokomuka Ka titiro aku kamo
Tu honohono ki te tonga
ki te awa o Mangatu Ki nga ngaru e papaki mai ra
Te wai kaukau o aku tipuna e Te unga mai o Nga Ariki
Te Iwi tuturu ake
Ka paheke taku titiro Nga Ahi-ka o Mangatu
Ki te marae Taku turangawaewae e
Tu mai te Ngawari ....
Te poutokomanawa
Ko Rawiri Tamanui te tipuna
o Ngariki Kaiputahi e
KA TU AU
BY MATUA BROWN