Accord between The Kiingitanga and Corrections

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Kotahi ano te kohao o te ngira
Ekuhuna ai te miro ma te miro whero me te miro pango
A muri i a au kia mau ki te ture ki te whakapono ki te aroha
Hei aha te aha! hei aha te aha!

There is but one eye of the needle
through which the white, red and black threads must pass.
Hold fast to the law, hold fast to faith, hold fast to love
Forsake all else!

Pootatau Te Wherowhero
Te Kiingi Maaori Tuatahi

Our Vision:

Creating lasting change by breaking the cycle of re-offending.
Public Safety is our bottom line.

Department of Corrections

The Parties

  1. The parties to this Accord are the Kiingitanga and the Department of Corrections.

The Kiingitanga

  1. The Kiingitanga was established by chiefs representing the Maaori tribes of Aotearoa with the crowning of Pootatau Te Wherowhero as the first Maaori King at Pukawa on the southern shores of Lake Taupo Nui a Tia in 1858.
  2. King Tuheitia was crowned seventh Maaori King on 21 August 2006. King Tuheitia is also the paramount chief of the four iwi of the Tainui Waka.
  3. The purpose of the establishment of the Kiingitanga included, but was not limited to the objectives of:

    4.1 Kotahitanga: Unifying the many Maaori tribes of Aotearoa under a single sovereign Kiingitanga; and
    4.2 Mana Maaori Motuhake: Protecting and preserving Maaori sovereignty over their lands, mountains, rivers, fisheries and taonga throughout Aotearoa.

  4. The Kiingitanga continues to advance matters of political, cultural, social, environmental, spiritual and economic importance to the iwi, hapuu and Maaori of Aotearoa.

The Department of Corrections

  1. The Department of Corrections administers the corrections system of Aotearoa the purpose of which, in broad terms, is to improve public safety and contribute to the maintenance of a just society.  The operation of the corrections system is guided by a range of statutory principles, including the principles that:

    2. 6.1 the maintenance of public safety is the paramount consideration in decisions about the management of persons under control or supervision;

    6.2 consideration of the cultural background, ethnic identity and language of offenders in the development and provision of rehabilitative and reintegrative programmes and interventions, and the sentence planning and management of offenders, reduces their risk of reoffending; and

    6.3 whaanau should be involved in decisions related to the sentence planning and management of offenders, and their rehabilitation and reintegration into the community.

Te Koronga/Purpose

  1. The parties enter this Accord:

    7.1 in recognition of their ongoing relationship; and

    7.2 to develop and strengthen their relationship further by providing a framework that will facilitate engagement and co-operation on matters of mutual interest and benefit.

  2. To that end, the Accord:

    8.1 records the values and principles that underpin the parties’ relationship; and

    8.2 recognises the parties’ mutual interest in the cultural, social, physical and economic health and wellbeing of Maaori prisoners and offenders who come into contact with the New Zealand corrections system.

Ngaa Maataapono/Principles

  1. The parties recognise and affirm that the following principles and values, founded on tikanga Maaori, form a foundation for the relationship between them:

    9.1 Rangatiratanga/Tu Rangatira:  the principle that Maaori (through the Kiingitanga, iwi, hapuu and whaanau) exercise tino rangatiratanga within their respective spheres and have the right to determine for themselves their responsibilities to past, current and future generations;

    9.2 Kotahitanga:  the value of working together to enhance the mana, and to support the aspirations, of each other;

    9.3 Manaakitanga:  the principle that the relationship should be based on mutual trust, honesty, respect and reciprocity;

    9.4 Whanaungatanga:  the value of positive engagement and collaboration with each other;

    9.5 Kaitiakitanga:  the principle that the parties have interests, rights and reciprocal responsibilities as kaitikai/guardians in relation to the environment, including whenuaand other resources;

    9.6 Piringa: the principle that relationships and connections are central in te ao Maaori and are acknowledged in the practice of tikanga Maaori, including te reo Maaori;

    9.7 Aroha: the value of fostering wellbeing through the exercise of care and respect and in the maintenance of national, tribal, community and familial relationships; and

    9.8 Paahekoheko: the value of co-operation and working together as a community, participating and contributing to serve others and the common good.

  2. The parties intend these values and principles to form the basis of an enduring and fruitful relationship that will bring inter-generational and equitable benefit and opportunity to both the parties.
  3. The parties agree that the values and principles that underpin their relationship will remain constant and endure despite any governance or representation changes in their respective organisations.

Te Ara Whakamua/The Pathway Ahead

  1. The parties have identified a number of areas of mutual interest, including:

    12.1 the health and wellbeing of Maaori offenders in custody;

    12.2 the rehabilitation of Maaori prisoners and offenders;

    12.3 the reintegration of Maaori prisoners into the community; and

    12.4 reducing Maaori re-offending.

  2. Other matters of mutual interest may be identified and agreed between the parties from time to time.
  3. The parties agree to work together to:

    14.1 establish appropriate information-sharing arrangements in respect of matters of mutual interest; and

    14.2 identify and develop particular initiatives concerning matters of mutual interest.

  4. Unless the parties otherwise agree, the Maaori King and the chief executive of the Department of Corrections shall meet, together with appropriate advisers, on an annual basis in order to discuss.

    15.1 the relationship between the parties and ways to strengthen the relationship;

    15.2 the operation of this Accord;

    15.3 the social, cultural, physical and economic health and wellbeing of Maaori prisoners and offenders of Aotearoa;

    15.4 the implementation of, or any issues arising from, this Accord or any other initiatives or agreements between the parties; and

    15.5 any other matters of mutual interest.

  5. The implementation and application of this Accord will be carried out in accordance with the timeframes and priorities the parties agree from time to time and as circumstances require.
  6. The parties agree that this Accord is a living document that should be updated and adapted as required to take account of changing circumstances and future challenges and opportunities.  To that end, either party may at any time propose an amendment to the Accord which the other party shall consider in good faith and respond to within a reasonable time.

Limits of the Accord

  1. The parties will use their best endeavours to uphold and fulfil the commitments they make in this Accord.
  2. Notwithstanding this and for the avoidance of doubt, the Accord does not:

    19.1 create any legal obligations; or

    19.2 override or limit:

    19.2.1 the legal rights and obligations of the parties;

    19.2.2 the functions, duties and powers that any Minister of the Crown, chief executive, official or statutory officer has;

    19.2.3 the ability of the Crown to promote legislation and change or develop Crown policy; and

    19.2.4 the ability of either party to interact or consult with any other person or entity, including any iwi, hapuu, whaanau, marae, or their representative.

  3. The commitments under the Accord are limited to the extent that they are within the parties’ capabilities and resources.  However, the parties recognise that each will be required to take deliberate steps in order to give effect to the Accord, including the allocation of appropriate resources.  Each party is committed to taking such steps on an ongoing basis and will not adopt measures that would prejudice giving effect to the Accord without prior consultation with the other party and prior consideration of all reasonable alternatives.

SIGNED this 16th day of March 2017

For and on behalf of THE KIINGITANGA:

Kiingi Tuheitia, Te Kiingi Maaori

Te Rangihiroa Whakaruru, Secretary General to the Kiingitanga

For and on behalf of the DEPARTMENT OF CORRECTIONS:

Ray Smith, Chief Executive

IN THE PRESENCE OF:

Hon. Louise Upston, Minister of Corrections