ABSTRACT

In this chapter, the author considers the importance of exploring the meaning of treaties such as the Treaty of Waitangi from the perspective of Indigenous constitutional traditions. He describes central principles from the Maori constitutional tradition and also considers the ways in which these central principles give meaning to the Treaty of Waitangi within the context of the Maori constitutional tradition. The author outlines some key strands of a Maori constitutional tradition that are crucial to understanding the Treaty of Waitangi as a Maori legal instrument, promoting Maori visions of law and peace. He uses the term 'constitutional tradition' to describe the collection of rules, principles, and practices that shape the way in which public power is exercised within a political community. The author discusses four such key principles: whanaungatanga (the centrality of relationships), mana (spiritually sanctioned authority), tapu/noa (recognition of the spiritual dimension), and utu (reciprocity).