Te Tiriti o Waitangi is New Zealand's founding document, signed in 1840 between the Crown and iwi across the motu. For grantmakers operating in Aotearoa New Zealand — community trusts, gaming trusts, philanthropic foundations, and government funders — Te Tiriti creates obligations that go beyond good intentions. Understanding what Te Tiriti requires of funders, and how to give it effect in grantmaking practice, is fundamental to operating in this context.
Te Tiriti o Waitangi has three articles, each with implications for grantmakers:
Article 1 (kāwanatanga — governance) granted the Crown authority to govern while preserving Māori autonomy over their affairs. For grantmakers, this establishes that Māori communities have legitimate authority over decisions affecting them — including funding decisions.
Article 2 (tino rangatiratanga — chieftainship) guaranteed iwi and hapū full authority over their taonga (treasures) and resources. This protection of rangatiratanga means Māori communities have the right to determine their own priorities, not merely respond to funders' predetermined categories.
Article 3 (ōritetanga — equality) guaranteed Māori the same rights and privileges as other citizens. In grantmaking, this means not designing processes that systematically disadvantage Māori organisations.
The principles of partnership, participation, and protection — developed through Treaty jurisprudence — provide practical guidance for grantmakers: partnership with tangata whenua in programme design, meaningful participation in funding decisions, and active protection of Māori interests.
Most grantmakers in New Zealand are not Crown agencies — they're community trusts, gaming trusts, and private foundations. But Te Tiriti's reach is broad. Community trusts established under the Community Trusts Act 1999 have obligations to the communities they serve, which include tangata whenua. Gaming trusts operate under legislation that recognises community benefit, including Māori community benefit. Many charitable trusts have trust deeds that explicitly reference Treaty obligations.
Beyond legal obligation, there is a values question. Funders who claim to serve their communities cannot serve those communities well if they exclude or systematically disadvantage the tangata whenua of those communities. Te Tiriti alignment is not just a legal compliance question — it is a fundamental question of whether grantmaking is genuinely serving the communities it purports to serve.
Treating Māori as just another equity group. Te Tiriti gives Māori a specific status as tangata whenua — the people of the land — that is distinct from other equity considerations. Treating Māori alongside other equity groups misrepresents the Treaty relationship.
Requiring Western organisational forms. Eligibility criteria based on incorporated society status or charitable registration can exclude Māori organisations structured under Te Ture Whenua Māori Act or hapū governance structures.
Tokenistic Māori representation. Having one Māori representative on a grants committee, without structural power to shape programme design or overturn decisions, does not constitute partnership.
Funding projects defined by non-Māori funders. Funders who define priorities and then ask Māori organisations to apply for those predetermined categories are not recognising rangatiratanga. Genuine partnership involves Māori communities setting their own priorities.
Funding symptoms rather than causes. Much Māori health, education, and social disadvantage has its roots in colonisation — land confiscation, suppression of te reo Māori, disruption of cultural practices. Funders who address symptoms without acknowledging causes, or who fund work that inadvertently perpetuates colonial structures, are not giving effect to Te Tiriti.
Meaningful partnership in programme design. Involving tangata whenua in co-designing grant programmes — not just consulting on predetermined designs — before programmes go live. This means relationship-building before fund design, not after.
Kaupapa Māori programmes and streams. Dedicated funding streams for kaupapa Māori organisations and initiatives, not as a subset of mainstream programmes but as substantive investment in Māori-determined priorities.
Iwi and hapū as funding partners. Some funders develop formal partnership arrangements with iwi and hapū for joint funding decisions, resource pooling, or co-investment. This represents a deeper structural form of Treaty partnership than individual grant decisions.
Culturally appropriate process. Application and assessment processes that accommodate te reo Māori, recognise tikanga, and don't require Māori organisations to conform to Pākehā administrative norms in order to access funding.
Workforce and assessor development. Building cultural competency in grants staff and assessors — through training, relationships, and lived experience — so that Māori applications are assessed fairly and with genuine understanding.
Transparent reporting on Treaty performance. Tracking and publicly reporting on the proportion of funding going to Māori organisations, Māori communities, and Māori-determined priorities — and using this data to improve performance over time.
Develop relationships before you open applications. If you have no existing relationships with tangata whenua in your area, start there — not with programme design. Attend community hui, meet with iwi and hapū leadership, and understand priorities before designing a programme.
Review eligibility criteria. Audit your current eligibility criteria for anything that would exclude Māori organisations. Charitable registration requirements, minimum operational periods, and governance documentation requirements can all inadvertently exclude legitimate Māori organisations.
Audit your funding distribution. What proportion of your current grant portfolio goes to Māori organisations, Māori communities, and Māori-determined priorities? If this is substantially lower than the proportion of Māori in your region, investigate why.
Get external advice. Treaty alignment is a specialist area. If your organisation doesn't have Māori leadership and cultural expertise internally, engaging a Māori adviser or partnership with a Māori organisation is essential.
Be honest about where you are. If your organisation is at an early stage of Treaty development, acknowledge that — don't perform alignment you haven't achieved. Funders who are honest about their journey are more trusted than those who claim Treaty alignment without substance.
Tahua supports New Zealand grantmakers with configurable application forms, assessment frameworks, and reporting tools that can be adapted for kaupapa Māori programmes and Treaty-aligned funding practice.