Chapter 12
The case for a government body

Incorporating Māori perspectives

12.27Māori are disproportionately represented amongst victims of sexual violence. The objective of assisting victims who identify as Māori arises from government’s responsibilities under Te Tiriti o Waitangi. These obligations and imperatives have been recognised by the Law Commission and highlighted both throughout our consultation and in discussions with the Law Commission’s Māori Liaison Committee.

12.28Time has prevented us from consulting with Māori groups and iwi as to the form, design and structure of a new entity,736 though we support the recent statement of the Productivity Commission that the “development aspirations of Māori, the desire to improve the outcomes of whānau, and the tikanga around manaakitanga, whanaungatanga, and rangatiratanga mean that iwi and other Māori groups are obvious candidates for active participation in devolved commissioning and the delivery of social services”.737

12.29One model which could be looked at and is already found within the sexual violence support sector (in the design of TOAH-NNEST) is the two-sided whare (house). The commission would be represented by the whare. On the left there would be consideration of the issues and problems arising from sexual violence, based on Māori kaupapa and taking a tikanga Māori worldview. On the right there would be consideration of issues and problems arising from sexual violence with a Pākehā worldview.

12.30Another way to address the need for greater consideration of Māori is to appoint a commissioner whose role is focused specifically on issues relating to meeting the needs of Māori victims, as discussed above.

12.31For the purposes of this project we highlight the need for proper consultation with Māori in the implementation of this proposal. We acknowledge the first Waitangi Tribunal Report to consider social policy and the Treaty of Waitangi, Te Whānau o Waipareira, which noted that the principle of tino rangatiratanga (autonomous management) was to be taken into account in all Māori relationships with the Crown including those relating to delivery of social services.738


736Productivity Commission, above n 723, at 20.
737At 20.
738Waitangi Tribunal Te Whānau o Waipareira Report WAI 414 Waitangi Tribunal Report 1998.