Te Tiriti o Waitangi, Tikanga Māori and Labour Frameworks: An Exploration of Collective Agreement Clauses and the Experiences of Māori Workers

<p><strong>This thesis examines the integration of Te Tiriti o Waitangi and tikanga Māori within labour frameworks. The labour framework is comprehensively conceptualised to include statute, common law, terms and conditions, and industrial relations. This thesis explores Māori participation within Pākehā labour structures and trade unions, demonstrating the exercise of self-determination within systems of work. Furthermore, this thesis considers the development of Māori-specific collective agreement clauses in the public sector and finds that these clauses fail to meet the needs of Māori workers. This research is multimethod, guided by Kaupapa Māori Research and critical industrial relations theoretical approaches. Whakapapa is used as an Indigenous organising method, recognising that colonisation deeply informs Māori experiences of labour. The constitutional relationship formed between Māori and the Crown by way of Te Tiriti o Waitangi recognised Māori law and authority. However, this was supressed by Crown assertions of exclusive sovereignty, which drove and entrenched inequity. It is within this context that this thesis examines Crown and employer obligations to Māori public servants. By way of kōrero kaumātua, tikanga is conceptualised in five kaupapa; tikanga is a guiding framework, tikanga is interconnected, tikanga is normal, tikanga begins in whānau, and tikanga is not frozen in time. These kaupapa facilitate the review of the development of tikanga engagement within Pākehā law. This thesis finds that statutory protection of Te Tiriti and tikanga in labour is under-developed. In comparison there is increasing recognition by the Courts of tikanga in the field of labour law.</strong></p><p>This thesis illustrates the significant history of Māori participation and activism within the trade union movement and systems of labour. It demonstrates how Māori-specific collective agreement clauses are an avenue for Te Tiriti and tikanga integration. The kaimahi survey shares worker perspectives and demonstrates the failure to enforce and embed Māori-specific clauses within the workplace. While such clauses provide an avenue for the expression of Māori self-determination within labour systems, such mechanisms require substantial support and improvements.</p><p>This thesis argues that Te Tiriti and tikanga have integrated with labour relations through statue, common law and terms and conditions of employment. Significantly, the integration of tikanga recognises the applicability of Māori law and steps towards the partnership envisioned in Te Tiriti. To truly recognise Māori legal systems and rangatiratanga there must be critical conversations about power and authority.</p>