Assignment: Treaty of Waitangi

Table of Contents

Question 1

Question 2

Question 3

Question 4

References

 

Question 1:  

a. Significance of the Treaty of Waitangi in New Zealand and its role in the constitution of New Zealand

The treaty of Waitangi in New Zealand is considered to be one of the most significant documents that laid the foundation of the current nation. As per (Webster & Karen, 2017), the treaty has been formulated in order to maintain a positive relationship between the British Crown and the indigenous Maori tribe. With the inflow of extensive number of non natives in the Maori soil along with annexing their territory by the foreign inhabitants in the late 80’s, the British Crown decided on formulating the said treaty for supporting and developing the Maori tribe and further allow them to govern and implement policies and framework relevant for the progress of the Maori tribe. Moreover, as specified in the treaty is that the same has been formulated with the aim of protecting the rights and privileges of the Maori and non Maori in New Zealand. Thus, the significant aspect of the Treaty of Waitangi can be cited as follows:

  • Protection of the Maori rights and interest
  • Providing full chieftainship to the Maori chief (rangatiratanga)
  • Ensuring equal rights to the citizens of New Zealand

In the inception phase and after the singing of the treaty there was no any evidence of implementing the principles in the constitution of New Zealand. However, it has been noted that the same has been incorporated in different statues of the condition and is regarded as the significant source for formulating policies in the constitution of New Zealand. Therefore, it can be said that the Treaty plays a major role in forming and implementing law in the constitution of New Zealand. However, in this context it needs to mentioned that the Treaty has been incorporated in the statute after passing the Treaty of Waitangi Act in 1975. This implies that the Treaty has been recognised as a schedule in the constitution of the country. Further, the principles of the treaty has been used for the incorporation of the treaty in the constitution, which enabled the Maori chieftains in implementing judicial power limited to certain extent relative to matters of the Maori people or matters in the village. Accordingly, in respect to the various principles highlights the aspect of transfer and prevention of Maori assets that has been provided to the earliest government. 

b. Identification of the conflicting interpretation of the Treaty in terms of Maori and Pakeha

The Treaty of Waitangi has been subject to much conflict as (Roberts & Rhiannon, 2016), has stated that the Treaty has different interpretation in English and Maori regarding the policies and principles which has been stated therein. In this regard (Williams, 2017), also suggest that since the Treaty is the result of unplanned and unorganised decision undertaken by the authorities, therefore, the treaty has undergone such controversies. However, in this case prior to identification of the conflicting interpretation the term Pakeha here means outsider or foreigner. Having said that the difference in the interpretation of the Treaty in the various aspects is given below:

In the preamble section as per the English statement it has been stated that the British intends to safeguard the rights and privileges of the Maori people against the extensive English settlement. Moreover, it has been further stated that as per the Treaty there will be an establishment of British governance in order to maintain peace and order in the country. In contrast, the Maori text states that the Crown has promised to provide autonomy to the Maori chiefs and ownership of the land they dwell in for as long as the dwellers wish to retain their ownership.

In respect to the three articles mentioned in the Treaty the conflicting interpretations in article 1as per the English text denotes is that the chiefs of the Maori has provided the provision for asserting full rights and ownership of their land to the Crown which specifically mentions ‘rights and power of sovereignty’, which signifies that the Crown can inflict full control over their land and assets. In this context (Alley, 2018) refers that since sovereignty has no direct meaning in Maori text, therefore, a Maori Chief can assert control over a limited area, however, there is no absolute ruler in order to govern the entire nation. Therefore, in such a scenario the distribution of power has not been specified in the Maori text, which resulted in the practise where the Maori would manage their own affairs and give up the rights to govern the country to the Crown as they have promised to protect the Maoris. This particular phenomenon has occurred as the translator has translated the Maori word Kawanatanga for governance or governor which is still in use. In this regard (Rim & Pol’y, 2019), argues that the previous chiefs of the Maori might have made any mutual agreement with the Crown for either partnership in the governance or sharing of power within the new government.

The article 2 of the Treaty discussed regarding the rights of Maori people as a whole where it specifies the various assets that the Maori community as a whole can assert their rights. Under the said article it has been mentioned that the Maori chiefs along with its people were promised full ownership of which has been further specified as to be their exclusive rights and there will be no intervention of the Crown.  The ownership right includes forest land and its resources, fisheries and other assets tangible and intangible. The English statements in the Treaty further states that the Crown can have similar privilege along with the Maoris as it has been mutually agreed between the Maori and the British.

The Maori statements of the Treaty however contradict in areas such as the ownership of upon their lands is absolute for the Maori people wherein the lands, village and other resources belong to them. In regards to British exclusive right the Maori version of the Treaty states that Crown can only purchase their land if the Maori people agree to it or wishes to sell. 

The article 3 of the treaty in both English and Maori interpret the same meaning as it focuses mainly on the protection provided by the Crown to the Maori which is fair and the article emphasizes on the equal rights for both the British and Maori.

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Question 2:

The Treaty of Waitangi consists of three principles that can be considered as the major elements which have been established in order to safeguard and functions as a pillar for the development of the Maori community. In respect to partnership with foreign partner, it can be said that the organisation which Starbuck while operating with Wakatu Corporation has to comply with the specification mentioned in the partnership principle of the Treaty. 

The partnership principles emphasis on the participation of Maori in the various levels of academic qualification and needs to be a part of the decision making process. This signifies that Wakatu Corporation while conducting business with Starbuck can participate in its decision making process where the organisation can display its ability in recommendation strategies for operating in New Zealand. Moreover, such alliance can create opportunities for the emerging Maori community to learn and discover the ways of conducting business with overseas partners. Further, the principles mentioned regarding the engagement of the Maori community in the in the event of any partnership that can provide mutual benefit. This signifies the generation employment through such business venture which further allows the individual Maori develop and gain experience working with MNCs. Another aspect the given principle is the inclusion of the Maori in the board of directors or trustees. Such actions inflict a positive impact upon the entire community, which motivates them to excel and increase productivity (Counselling, 2018). On the other hand power sharing further allows the Maori community to ensure that the functions carried out by the organisation in partnership are fully transports and as per proper ethics. 

In addition to the aforementioned effects of the Wakatu alliance with foreign partners  such as Starbuck, it can also be added that the production and service of the Wakatu corporation can be enhanced. The organisations can undertake further social responsibility with the aim of developing the Maori community at its best.    

Question 3:

Role of the Treaty of Waitangi in establishing positive business relationship

The role of the Treaty in forming good business relationship can be determined by describing the three principles of the Treaty. The illustration of the three p’s of the Treaty has been given below:

Protection: Protection signifies the keeping intact the Maori culture, knowledge and interest along with their values and at the same time respecting the cultural difference. In this context it can be said that the organisation Starbucks has to comply by the given regulations. Moreover, the organisation ensures anti discriminatory policies in the organisation and avoids all sort of discrimination on the grounds of race, colour and creed. Protection further implies the promotion and development of Maori community which the organisation can implement by underlying its CSR activities. 

Partnership: The principle of partnership denotes that the business operation under partnership needs to be in a sustainable manner with mutual benefit (Rimmer, 2018). The significance of partnership principle is that decisions regarding business operation can be established on mutual agreement and with the power of formulating internal policies relating to economy and internal politics Wakatu can develop policies that can be mutually advantageous for both Wakatu and Starbucks.    

Participation: Participation refers to the encouragement of the Maori community in various aspects such as education or economy.  Starbuck by employing Maori individuals can gain an added advantage as they will be aware reading the taste and preference of the consumers there in. 

Question 4:

Significance of principle of partnership for the chosen organisation 

Starbucks prior to establishing its business with Wakatu needs to consider the partnership principle in order to comprehend the culture and values of the Maori community. Being aware regarding demography and the social behaviour of the foreign partner helps in formulating business policies that mutually benefit both the parties. Moreover, the needs and requirements of the stakeholders can be identified which further allows in ease of doing business. Moreover, the business operations can be implemented with mutual consent which can allow further expansion in the country.  

Role of biculturalism and multiculturalism in fostering business relationship

The role of by biculturalism and multiculturalism in fostering good business relationship can be identified by determining their various aspects. In case biculturalism it can be said it emphasises on the relationship between two distinct culture and multiculturalism on the other hand focuses on sustaining along with multiple cultures (Reid, 2019).  In this context, biculturalism and multiculturalism can be segment as per organisational requirements in respect to fostering good business relationship. Organisation forming alliance with single enterprise at a time can focus on biculturalism and in the case of organisation engaged in business with multiple organisation needs to incorporate multiculturalism as different organisation may have diverse organisational or social and ethnic culture.     

Question 5:

Strategies and action for ensuring good business relation with foreign partner

Considering the current values of Wakatu Corporation, it can be recommended to the organisation for maintaining bicultural relation with Starbucks as it emphasises on the positive relationship between two distinct cultures. The same can be applied in case of Wakatu Corporation and Starbucks, which is by operating together and with extensive communication the organisation will be familiar with the organisational culture of each other in much more precise manner. Apart from being familiar with the counterparts’ cultures the organisation can be aware regarding the needs and requirements which can foster good business relationship. 

 

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Question 6:

Ways national culture affects organisational functions

The role of culture in organisational functions is immense as recent studies highlights that organisational culture is also influenced by the national culture. This signifies that consideration undertaken by organisation wherein it has to develop its policies and regulations as per the current social customs and phenomena. For instance offering holidays to employees in the vent of cultural festivals and religious festival is a cultural impact on the organisation.   

Application of Hofstede for identifying the cultural differences among the two organisations

Hofstede model of cultural dimension measures the major difference among countries in terms of culture which is further evaluated by using certain factors which are as follows: 

Power distance:  This factor highlights the fact of social inequality that prevails in a nation. The focus is on determining the concern of the individuals towards such inequalities. As per the figure below New Zealand scores low in this respect as the organisational system or cultural is not up to relevant benchmark. Whereas USA scores more than New Zealand in this aspect denoting that the organisational system is much more efficient in comparison to NZ.  

Individualism: This factor refers to being self reliant and measuring the level of interdependence among the individuals in a society. The scores between New Zealand and the US differ by an average of 10, which is 79 and 91 respectively. Therefore, it can be said that both the country to some extent is has efficient individuals and merit is considered as a significant factor in employee recruitment.

Masculinity: Masculinity indicates that the certain society is driven by competitive mindset and aims to be the best in every field. Whereas feminine denotes a specific lifestyle where success is measured by the lifestyle an individual leads (Pemera, Siewekeb, & Werra, 2018).  New Zealand and the US are both masculinity society however differ in ways of sealing the same. NZ share a common social value whereas masculinity in US is displayed on an individual level.   

Question 7:

Ways difference in cultural communication can affect business relationship 

Cultural communication is the key aspect as (Ghazi Ben Saad, 2018), in the process of maintaining good business relationship. The organisations Wakatu Corporation and Starbucks being from different cultural background needs to have strong cultural communication. Barriers in cultural communication can affect the business relationship as in the event where the other is not culturally aware will not be able to identify and determine the needs and interests of its counterpart, which can affect the professional behaviour of both the organisation. In the absence of mutual respect in regards to the cultural difference the organisation’s social behaviour can be affected. Apart from that the organisation is required to convey all the relevant information regarding their overall cultural aspects in order to gain adequate information as it might affect the ethical behaviour of the organisation. 

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References

Alley, R. (2018). The Domestic Politics of International Relations. Cases from Australia, New Zealand and Oceania.

Counselling, N. Z. (2018). A partnership in progress: Bicultural relationships in the Aotearoa New Zealand counselling setting–A critical systematic literature review. New Zealand Journal of Counselling.

Ghazi Ben Saad, M. A. (2018). The impact of organizational culture on job performance: a study of Saudi Arabian public sector work culture . Problems and Perspectives in Management.

Pemera, F., Siewekeb, J., & Werra, A. (2018). The relationship between national culture and the use of professional services: Evidence from two cross-country studies. Journal of Purchasing and Supply Management.

Reid, D. (2019). Bringing Us All Together: Multiculturalism as Neoliberalism Through New Zealand on Air. Migrant and Diasporic Film and Filmmaking in New Zealand .

Rim, & Pol’y. (2019). A Comparative Analysis: Legal and Historical Analysis of Protecting Indigenous Cultural Rights Involving Land Disputes in Japan, New Zealand, and Hawai’i. From heinonline.org: https://heinonline.org/HOL/LandingPage?handle=hein.journals/pacrimlp28&div=11&id=&page=

Rimmer, M. (2018). he Proposed Comprehensive and Progressive Agreement on the Trans-Pacific Partnership: A Submission to the Senate Foreign Affairs, Defence and Trade References Committee. Australian Parliament, Canberra, A.C.T. From eprints.qut.edu.au: https://eprints.qut.edu.au/118625/

Roberts, & Rhiannon, S. (2016). An analysis of the hurdles facing major constitutional law reform in the New Zealand context. Constitution Aotearoa – Hopeless dream or possible reality? .

Webster, & Karen. (2017). Creating Treaty-based local governance in New Zealand: Māori and Pākehā views. New Zealand Journal of Social Sciences .

Williams, D. V. (2017). Myths and History: The Treaty of Waitangi as “The Magna Charta of New Zealand”. Magna Carta and New Zealand.

 

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