Ngā Toki Whakarururanga initially welcomed negotiations with India in the expectation that there could be innovative, win-win opportunities for Māori and India’s Indigenous and local communities in areas of common interest.
This was communicated to Trade Minister Todd McClay and the New Zealand’s lead negotiator Vangelis Vitalis last April.
Ngā Toki Whakarururanga sought an active role in the negotiations, consistent with the Crown’s commitment in the Mediation Agreement to ensure “meaningful and genuine influence” in such negotiations.
Regrettably, despite the best endeavours of the officials and the Minister, India has not enabled that to occur and has refused to allow the sharing of text on a confidential basis, as has been agreed in other recent negotiations.
The Crown committed to table, for the first time, a new best practice protection for Te Tiriti o Waitangi that was jointly developed with Ngā Toki Whakarururanga to replace the limited Treaty of Waitangi exception in free trade agreements that dates back to 2001. However, India has not allowed the sharing of text even on that crucial provision.
Given India’s behaviour throughout these negotiations, Ngā Toki Whakarururanga is highly sceptical of any claims that this agreement may benefit Māori or be consistent with the Crown’s Tiriti o Waitangi obligations.
As with previous agreements, Ngā Toki Whakaruruanga will conduct a comprehensive Tiriti o Waitangi assessment of this free trade agreement as part of our responsibility to hold the Crown to account for its actions in the international trade arena.