95bFM Are human rights principles ironically hindering Māori self-determination?
11 September, 2025
Interview by Zanoor Penny, Adapted by Vihan Dalal
The University of Auckland’s Andrew Eruiti says human rights might ironically be detrimental for Maori in New Zealand, as it quelled Māori individual’s rights to tino rangatiratanga, or self determination, being played out in the provision of social and health services to Māori communities. Image: Beehive (2014) - Wikimedia Commons
Human rights principles might be hindering Māori sovereignty, according to a new study conducted by Andrew Erueti (Ngāti Ruanui, Te Āti Haunui-a-Pāpārangi), an Associate Law Professor at the University of Auckland.
The study, 'Indigenous Rights Beyond the Liberal Frame,' investigates the use of language such as ‘equality’, ‘non-discrimination’, and ‘one law for all’ from current and former governments, showing that current human rights models are hindering aspirations for self-determination or tino rangatiratanga, as emphasised in He Whakapūtanga and Te Tiriti o Waitangi.
Erueti told 95bFM’s The Wire that historically, New Zealand governments have been concerned that Māori self-determination would mean independence from the government; however, this concept is only intended as autonomy over Māori.
“Often called by Māori for Māori, and self-determination enabled them to, you know, give expression to that concept in international law, but New Zealand was really opposed to it.”
He says part of the inspiration for this study comes from claims made by politicians currently in power.
“... politicians and the ACT Party, of course, but also National and New Zealand First, saying that preference for Māori in terms of health or other social outcomes is racially discriminatory, and I think that needed a strong response that's grounded in principle and legal practice, and that's motivated this research for me.”
Erueti says this has played out in health services for Māori, expressing concerns that local charities like the West Auckland-based Waipareira Trust can be vulnerable to allegations of discrimination.
“[My concern] is that this issue is only going to escalate as we go forward, and I think actually that's what the ACT Party and others seem to be homing in on this concept too, and seeing it as a vulnerable spot where they can make these allegations.”
Erueti says the government has rolled back on Māori sovereignty.
“You see the review of Treaty clauses and their deletion, and the Oranga Tamariki Act. And I think that's a big step backwards, particularly because of the social needs I was talking about, and the need to be innovative and meet those needs.”
However, Māori bodies have been effective during times of crises when they received funding from the Crown, which led to the vaccination of 150,000 Māori within two months during the Covid-19 pandemic.
Heading forward, he would like the government to engage with Māori leaders on tino rangatiratanga, using the basis of reports such as the Matike Mai report.
“Efforts to roll back Indigenous rights, they're really firmly imbricated into the legal firmament and the cultural firmament of Aotearoa.
“But still to have that greater protection through a fair written constitution, I think, would be ideal, right?
“I think greater protection for those Indigenous rights should be the ambition.”
