The Treaty of Waitangi Principles and Their Workplace Applications

This essay delves into the principles of the Treaty of Waitangi and their relevance within the modern workplace. Beginning with an introduction to the Treaty's historical context and significance, the paper outlines key principles, including partnership, reciprocity, autonomy, active protection, options, mutual benefit, equity, equal treatment, and redress. Each principle is defined and then explored in the context of its application within a work environment, considering employee consultation, managerial relationships, individual autonomy, protection of employee rights, and the importance of fairness and equal opportunity. The essay emphasizes how these principles can improve work relationships, promote employee engagement, and enhance overall productivity. It concludes by highlighting the importance of incorporating these principles for a more equitable and effective work environment. The provided assignment is a great resource for students and can be found on Desklib.

1
Running head: The Treaty in the Workplace
The Treaty in the Workplace
Student
Institution

2
The Treaty in the Workplace
Table of Contents
Introduction …………………………………………………………………………………….. 3
The Principles of the Treaty……………………………………………………………………… 3
Partnership ………………………………………………………………………………..4
Reciprocity ……………………………………………………………………………….4
Autonomy ………………………………………………………………………………..4
Active protection …………………………………………………………………………4
Options ……………………………………………………………………………………5
Mutual Benefit ……………………………………………………………………………5
Equity ………….………………………………………………………………………….6
Equal Treatment ………………………………………………………………………….6
Redress ………………………………………………………………………………….. 6
Application of the Principles at the Work Place ………………………………………………… 7
Conclusion ………………………………………………………………………………………..9
References ……………………………………………………………………………………….11

3
The Treaty in the Workplace
Introduction
The treaty of Waitangi was first signed in 1840 by the British Crown representatives and
some Māori chiefs from New Zealand which resulted with British sovereignty over New
Zealand. The treaty represents some principles which the British and the Māori made an
agreement to form a nation of New Zealand (Temm, 1990). The articles of the treaty pointed that
the sovereignty of New Zealand would be ceded to Britain, that they would get the right to their
land and other resources and the Crown got exclusive rights to buy land and the Māori given the
rights and privileges of British subjects (Burns, 1989). Subsequently, New Zealand became a
colony of the Crown. Successive governments alienated the Māori land and resources without
the Māori consent of compensation. The Waitangi tribunal of 1975 was to investigate
accusations by the Māori against the Crown for breaching the treaty principles and to give
recommendations to the government on compensation (Belgrave, 2005). This provided a means
of investigating the grievances against previous government and means of settlement. This paper
will discuss the principles of the treaty and how these principles can be applied in the work
environment.
The Principles of the Treaty
There is no one agreed list of the treaty principles. The Waitangi tribunal and the courts
identify principles in each case. Some principles developed over the span of time while others
are now fully developed yet others regarded as controversial (Hayward, 2012). Various
principles have been applied to different situations where claims have been raised. Some of the
principles that were developed from the Te Tau Ihu Tribunal as they were seen to be appropriate
to the inquiry include “partnership, reciprocity, autonomy, active protection, options, mutual

4
The Treaty in the Workplace
benefit, equity, equal treatment and redress (New Zealand Government, 2016)”. These principles
are among which will be discussed in this section and their application at the work place.
Partnership
The treaty implied a partnership would exist between the two parties and each side was
expected to act reasonably and in good faith which is a typical obligation in all partnerships (Te
Puni, 2002). One obligation to the partnership was the Māori needed to be consulted to get their
informed consent about the correct right holders whenever there was a transaction regarding their
land and any other resources. The partners are of equal status and there is need for accountability
and compromise in the partnership.
Reciprocity
Partnerships are reciprocal in nature and usually involve exchange for mutual benefit and
advantage. The Māori had ceded the governance of their country to the Crown in exchange for
full authority to their land and people and for protection. They expected settlement of their
country to be fair and mutually advantageous to both parties.
Autonomy
The Crown was expected to protect the Māori people’s autonomy as they had guaranteed.
This was the ability of the Māori communities to self govern as was the case over the years.
They were supposed to drive their own politics, economic and social activities and to behave
according to them. They were supposed to retain their customs and institutions and choose their
leaders and determine their land issues.
Active protection

5
The Treaty in the Workplace
The Crown had a duty to protect the Māori people and their land and all other resources.
This requires the full consultation with the people and fair process by the Crown and decision
making by the people whose interests were being protected. The Māori were promised protection
of their rights and their interests at the time of the treaty which was meant to secure their
acceptance of the treaty. The Crown had an obligation to protect the Māori in retention of their
tribal authority in their community affairs and to live according to their culture (Te Puni, 2002).
Options
It was envisaged in the treaty that there would be two sets of people in New Zealand each
with their own laws and customers to govern them with an interface governed by mutual respect
and partnership. Māori’s laws were guaranteed in the treaty and protected and they were to have
choices in the new community. They were to continue with their traditional way of life or to
adapt to the developing new society or to choose to combine the two worlds without coersion.
Mutual Benefit
The two parties to the treaty were expected to benefit from it and the needs of both
groups of people needed to be provided for and that sometimes there needed to be compromise to
achieve this objective (Te Puni, 2002). The two groups of people, the settlers and the Māori
people, were supposed to retain or obtain resources to help them develop in the new nation they
were sharing. The Māori who sold their land were to have more value in what they retained to
ensure they got full benefits from the settlement. The settlement was thus supposed to be of
mutual benefit to both groups of people and thus they were supposed to retain sufficient land and
resources to achieve this.
Equity

6
The Treaty in the Workplace
The Crown was expected to act fairly in the protection of interests of both the settlers and
the Māori people. The settlers’ interest were not supposed to be given priority over those of the
Māori. The Māori were not supposed to be disadvantaged but if this were to be the principle of
equity required that there were active measures that were put in place to address the
disadvantages and restore balance.
Equal Treatment
This principle required the Crown to treat all the Māori groups fairly and equally and not
favor one over the other. None of the groups was supposed to be treated with unfair advantage
over the others. Their circumstances, their interest and their rights were broadly the same and
thus were to get equal treatment.
Redress
In case the Crown was in breach of any of these principles of the treaty and the Māori
people were found to have suffered prejudice, then the Crown had a duty to correct the matter.
The Crown is expected to take action to restore its honor and integrity and the dignity and status
of the Māori people. Past wrongs would definitely lead to redress and the Crown is expected to
restore remedy and resolve any breaches to the treaty. This would include compromise from both
sides and ensure no new inequities were created. Reconciliation was required for adequate
redress and to enable the Māori people restored themselves as people and thereafter commit and
adhere to the treaty of Waitangi.
Treaty Principles Application at Work

7
The Treaty in the Workplace
Partnership is a critical element of labor and employment policies considered by
government, employers and also by trade unions with a growing interest and attention in it
(Guest & Peccei, 2001). At the work place, this principle can be cultivated by encouraging
employee consultation, involvement and participation in the day to day organization activities.
The individual employee contribution should be valued and their interests are met by
encouraging them to make decisions concerning issues that relate to their work.
Reciprocity is especially important in managerial relationships and also between
members and leaders. It relates to the outcomes at work whether they are positive or negative in
manger subordinate relationships. It relates to the obligation that people at work will have based
on past behavior (Uhl-Bien & Maslyn, 2003). It is therefore important that employees feel
treated well at work so that they can have positive reciprocity. If they feel the treatment is not
good it might result in negative reciprocity. An organization also needs to have proper guidance
on how to handle negative reciprocity as it affects productivity.
Individual autonomy combined with low levels of monitoring might lead to low
performance. However, higher trust leads to higher team performance when individual autonomy
is lower (Langfred, 2004). This principle can lead to increased work performance when
individuals and teams are trusted to do their work and enhanced with moderated mediating role.
Individuals should be given autonomy but monitored so that performance is not affected
negatively and motivation continues to increase.
Active protection of employees’ rights and interest at work should be encouraged so that
employees feel valued and safe at work. This requires proper consultation of the employees and
fair consideration of what they provide as important for them to be highly productive. The

8
The Treaty in the Workplace
employees also need to feel protected from any kind of unfair practices in the course of their
work. They need to be educated on the methods of seeking for fairness in all activities.
Having options at work might lead to having motivated employees hence high
productivity. Employees should have choices in some element of their work so that they feel
valued. An organization may for example allow people to work from home on some of the days
if they choose to as long as they deliver on their work. They may also be allowed flexible
working hours depending on what works better for them. Even on matters that regards benefits at
work, a company may have different packages so that each chooses what works best for their
stage in life.
Mutual benefit principle requires that employees as individuals and also through their
representatives work with management and devise the mutual benefits which relate to their work
for example job security, flexibility or performance. If the employee initiatives are to be
successful, then the human resource practices need to be progressive and effective (Guest &
Peccei, 2001). An organization needs to focus on the shared interests and goals of the two
parties considering they could other different interests. The policies and practices need to
promote the mutual benefit of both employer and employees.
Equity at the work place may lead to reduce turnover, increase employee commitment
and increase employees’ ideas that enhance productivity and quality. Traditionally the focus was
on efficiency and this needs to be balanced with equity or fair treatment and a chance to have
meaningful contribution in decision making (Budd, 2004). Organizations need to have policies
that ensure that there are fair practices and that employees are treated fairly. This is especially

9
The Treaty in the Workplace
important when handling grievances where employees need to feel their issues are fairly
considered. This may lead to increased commitment and productivity.
The equal treatment principle at work implies that nobody enjoys fewer opportunities or
rights that another person. Employees should not just feel that they are treated equally but there
should be policies and actions that do not discriminate people based on ethnic, gender or any
other circumstances (Rees, 2006). If an organization has any existing inequalities that have
discriminated against minority groups, appropriate actions need to be taken to correct this. This
may include training of minority groups so that they may be accommodated in the roles at work.
Redress at work may refer to any third party interventions that may involve either
financial or non financial compensation for employees who feel they were disadvantaged Work
place bullying or unfairness makes employees likely to experience stress or other physical and
psychological problems and other economic consequences like sick leaves, transfers, and layoffs
and are often targeted for employment termination (Meglich-Sespico, & Farley, 2007).
Organizations need to have methods of redress so that they do not suffer the consequences of
employees being absent from work, high turnover, low morale and even filing for legal redress
which might lead to financial losses in compensation. Appropriate procedures for redress need to
be put in place and made known to employees before negative consequences.
Conclusion
In conclusion, the principles from Waitangi treaty have been incorporated in the work
environment for better work relationships and enhanced productivity. This paper has discussed
some of the principles and ways in which they can be applied in the work place. The work place
is about partnership and these principles can be used to guide how this partnership can be

10
The Treaty in the Workplace
enhanced by fair treatment and consultation of employees in decision making for mutual benefit.
The employees also need to feel protected in their work and given options and be trusted to
deliver in their roles. In case of breach of the employment contract, there needs a proper
mechanism for seeking redress and restoring the partnership.
References

11
The Treaty in the Workplace
Belgrave, M. (2005). Historical Frictions: Māori Claims and Reinvented Histories, Auckland.
Budd, J. (2004). Employment with a Human Face: Balancing Efficiency, Equity, and Voice. ILR
Press.
Burns, P. (1989). Fatal Success: A History of the New Zealand Company. Heinemann Reed.
p. 153
Guest, D. and Peccei, R. (2001). Partnership at Work: Mutuality and the Balance of Advantage.
British Journal of Industrial Relations 39:2, 0007-1080 pp. 207-236.
Hayward, J. (2012). Principles of the Treaty of Waitangi – ngā mātāpono o te tiriti - What are the
treaty principles?, Te Ara - the Encyclopedia of New Zealand. Accessed October 5, 2017
from: http://www.TeAra.govt.nz/en/principles-of-the-treaty-of-waitangi-nga-matapono-o-
te-tiriti/page-1
Langfred, C. (2004). Too Much of a Good Thing? Negative Effects of High Trust and Individual
Autonomy in Self-Managing Teams. Academy of Management Journal: vol. 47 no. 3,
p385-399.
Meglich-Sespico, P. & Farley,R. (2007). Relief and Redress for Targets of Workplace Bullying.
Springer
New Zealand Government. (2016). The Waitangi Tribunal and Treaty principles. Accessed
October 5, 2017 from:
https://www.waitangitribunal.govt.nz/treaty-of-waitangi/principles-of-the-treaty/
Rees, T. (2006). Mainstreaming Equality in the European Union. Education, Training and Labor
Market Policies. London: Routledge.

12
The Treaty in the Workplace
Temm, P. (1990). The Waitangi Tribunal: The Conscience of the Nation, Auckland.
Te Puni Kōkiri. (2002). He Tirohanga ō Kawa ki te Tiriti o Waitangi: A Guide to the Principles
of the Treaty of Waitangi as expressed by the Courts and the Waitangi Tribunal. Te Puni
Kōkiri: Wellington.
Uhl-Bien, M. & Maslyn, J. (2003). Reciprocity in Manager-Subordinate Relationships:
Components, Configurations, and Outcomes. Management Department Faculty
Publications. 13.