TPP is illegal under Treaty of Waitangi
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Singer Stands Up For Treaty Rights
25 Jun 2015 15:45 PM
http://www.waateanews.com/Waatea+News.html?story_id=OTgzNQ%3D%3D
&v=70#.VYt-J2KKULs.facebook
Singer Moana Maniapoto says she knows what it's like to have her name stolen.
That's why she's joined with other leading Maori including Rikirangi Gage, Angeline Greensill, Hone Harawira, Moana Jackson and Papaarangi Reid in lodging a treaty claim against the Trans Pacific Partnership Agreement.
They have asked the Waitangi Tribunal for an urgent hearing, given that the TPPA could soon be on the fast track for approval by the United States Congress.
In New Zealand it won't even go to parliament for approval, but will be binding on future governments once it is rubber-stamped by ministers.
Ms Maniapoto says the challenge of protecting Maori intellectual property was brought home to her when her name was trademarked by a company in Germany, and the government appears to have done nothing stop Maori language, culture and music is being appropriated by companies.
"We have no seat at the table. We have no right to participate in decsions that are highly likely to impact our rights under the treaty. Our concerns about the environment, mining, intellectual property, things like that, If we try to enforce our rights under the treaty, states might be able to challenge our government in tribunals that are outside New Zealand so where does that leave us as a people," she says.
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Iwi Groups Join Tribunal's TPP Claim
Updated at 7:55 pm on 6 July 2015
Lois Williams, Te Manu Korihi - lois.williams@radionz.co.nz
http://www.radionz.co.nz/news/te-manu-korihi/278090/iwi-groups-join-tribunal's-tpp-claim
At least 10 groups from iwi around the country have asked to join a Waitangi Tribunal claim challenging New Zealand's involvement in the Trans Pacific Partnership (TPP) agreement.
Claimants, including Moana Jackson, Hone Harawira, Angeline Greensill and Moana Maniapoto lodged the initial application for an urgent hearing on the issue last month.
The lawyer for the Tai Tokerau District Maori Council, Gerald Sharrock, said the council was worried the TPP could constrain the powers of the tribunal itself, and its power to assign guardianship over indigenous flora and fauna. But he said the underlying issue was the country's autonomy and sovereignty. Mr Sharrock said the Government's secrecy over the deal flouted the fundamentals of the Treaty of Waitangi and there was a serious question as to the power of the Crown to enter into the TPP without engaging its treaty partners.
The council believed the Government should also be consulting Pakeha citizens about the TPP, but Mr Sharrock said the Government was opposing its request. The Crown had told the Waitangi Tribunal an agreement on the TPP could be reached this month, and there was no realistic window of time for an inquiry.
It said the Government had the kawanatanga [governorship] to make foreign policy under Article 1 of the treaty and it had taken reasonable steps to inform itself of Maori interests. The Crown said a robust Treaty of Waitangi exceptions clause was in all New Zealand free trade agreements, and it protected the Crown's ability to meet its treaty obligations.
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High Profile Maori File Waitangi Tribunal Claim Over TPPWaitangi
By Online News Team 8:55am, Thursday 25 June 2015
A claim and application for an Urgent Hearing has been filed with the Waitangi Tribunal alleging the government is breaching the Treaty of Waitangi principles in its negotiating the Trans Pacific Partnership Agreement (TPPA).
A number of prominent Māori have filed the claim and the group includes Dr Papaarangi Reid, Moana Jackson, Rikirangi Gage, Angeline Greensill, Hone Harawira and Moana.
According to the claimants the meeting of ministers to make final decisions on the TPPA is imminent. Adoption of the agreement by New Zealand will not require consent of Parliament, there is no mandatory involvement of Māori nor any obligation to assess the implications for the Treaty of Waitangi.
The group also claims “the TPPA negotiations have been conducted in secret and our government has not released the text.” The government has also failed to protect Māori intellectual property rights in its negotiation of the TPPA; there is no consideration of the Waitangi Tribunal’s report on the Wai 262 report, Ko Aotearoa Tenei.
According to musician Moana Maniapoto "Māori have been struggling to protect our culture in the face of an IP system that has never been a good fit for our people and culture. The experience of having my name trademarked by a company in Germany brought it home in a very personal way how much our language, culture and music is being appropriated left, right and centre by companies. The WAI262 Claim reiterated that. There's been no movement by the government to undo existing agreements or legislation that fail to protect our culture. Yet the government wants to haul us all into a hefty - and very secret - international agreement that will disempower Māori even more? I am very concerned about this - especially given the track record of the key player, the US.”
The next steps in the Waitangi Tribunal process will involve a response by the Crown and other interested parties.
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NO Trans Pacific Partnership
