Professor Carwyn Jones Highlights Tino Rangatiratanga as Key to Aotearoa’s Constitutional Future

Aotearoa is preparing for a general election on 7 November 2026, with the role of Te Tiriti o Waitangi emerging as a pivotal focus for the nation’s constitutional future. In a recent discussion with Radio Waatea, renowned Māori legal scholar Professor Carwyn Jones examined how the relationship between Māori and the Crown remains fundamental to the country’s legal and political landscape. Professor Jones, a leading expert in Treaty law, emphasized that the principles of Te Tiriti are not merely abstract concepts but are rooted in the 1840 agreement. He highlighted the critical distinction between kāwanatanga, the authority of the Crown, and tino rangatiratanga, which recognizes the ongoing authority of Māori over their own affairs. According to Jones, the guarantee of tino rangatiratanga extends beyond property ownership to encompass a broader political and constitutional authority that must be respected within modern governance. Addressing the ongoing debate over Treaty principles, Jones noted that these ideas—such as partnership, active protection, and equity—have been carefully developed through decades of legal decisions and Waitangi Tribunal inquiries. He argued that the principle of active protection specifically requires the Crown to safeguard Māori interests and support the exercise of tino rangatiratanga. Furthermore, the principle of options ensures the protection of kaupapa Māori approaches alongside mainstream services. As various political parties present differing views on how the Treaty should be interpreted, Jones warned against attempts to redefine these principles without meaningful agreement from Māori. He maintained that the Māori-language text, signed by the vast majority of rangatira, must be the primary lens through which the relationship is understood. For Māori communities, these constitutional questions are central to ensuring that the delivery of health, education, and environmental management reflects the promises made in 1840.