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- Part 1: The PPPR Act and overarching issues (Chapters 4-5)
PART 1: THE PROTECTION OF PERSONAL AND PROPERTY RIGHTS ACT 1988 (PPPR ACT) AND OVERARCHING ISSUES (Chapters 4 and 5)
Chapters overview
Chapter 4 – Te Tiriti o Waitangi | Treaty of Waitangi
In this chapter, we consider te Tiriti o Waitangi | Treaty of Waitangi (the Treaty) and steps that could be taken within the context of this review to give effect to it. We:
- Introduce the Treaty texts and articles.
- Summarise important Treaty considerations.
- Discuss how a new Act to replace the PPPR Act could better give effect to the Treaty.
We focus in particular on two ways in which a new Act might make provision for the exercise of tino rangatiratanga. They are:
- Better enabling Māori to live according to tikanga (see further Chapter 5).
- Better enabling Māori collective involvement in decision-making that concerns Māori with affected decision-making.
Chapter 5 – Tikanga
In this chapter, we consider how a new Act should engage with tikanga. We discuss:
- Why a new Act should recognise tikanga and enable Māori to live according to tikanga.
- Our view that it will be better for a new Act not to specify individual tikanga values and principles.
- Whether an exception should be made for mana, which is often associated with dignity and was a focus for submitters on our Preliminary Issues Paper.
- Whether a new Act should include a general provision requiring tikanga to be considered where it is relevant.