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Article 26.1: M膩ori Terminology

The Parties include the following M膩ori terminology for the purposes of this Chapter: 聽

鈥淗aka Ka Mate鈥� refers to the Haka (war expression) Ka Mate written by Ng膩ti Toa Rangatira chief Te Rauparaha;

鈥淜aupapa M膩ori鈥� refers to an approach entrenched in a M膩ori world view;

鈥�M膩ori relational approaches鈥� refers to 鈥榃hakapapa鈥� or family connections, and building strong relationships, which are core values at the heart of the M膩ori worldview and central to how M膩ori engage;

鈥淢腻迟补耻谤补苍驳补听惭腻辞谤颈鈥� refers to M膩ori traditional knowledge which relates to the M膩ori world view;

鈥淣g膩ti Toa Rangatira鈥� refers to the iwi (tribe) defined as the collective group composed of individuals who are descended from both:

(a) Toa Rangatira;

(b) any other recognised ancestor of Ngati Toa Rangatira who migrated permanently to the area of interest of Ngati Toa Rangatira in the nineteenth century and who exercised customary rights predominantly within that area;

(c) includes those individuals; and

(d) includes any whanau (extended family group), hap奴 (kinship group), or group to the extent that it is composed of those individuals;

鈥淭别听础辞听惭腻辞谤颈鈥� refers to the M膩ori world view based on a holistic approach to life;

鈥淭ikanga M膩ori鈥� refers to M膩ori protocols, customs, and normal practice; and

鈥�wellbeing鈥� refers to the M膩ori view of the culmination, balancing, and interconnection of numerous factors required for individuals and groups to be truly well and thrive. This includes balance between taha tinana (body), taha hinengaro (mind), and taha wairua (spirit) and can include environmental, economic, and cultural aspects.

Article 26.2: Context聽and Purpose

1. The Parties recognise the unique relationship that exists between M膩ori and the United Kingdom,聽noting that聽representatives of the British Crown and M膩ori聽were聽the聽original signatories to聽Te聽Tiriti聽o Waitangi/The Treaty of Waitangi whilst acknowledging that the New聽Zealand聽Crown has now succeeded the British Crown and assumed all rights and obligations under that Treaty.

2. The Parties acknowledge聽that聽Te聽Tiriti聽o Waitangi/The Treaty of Waitangi is a foundational document of constitutional importance to New聽Zealand.

3. The Parties recognise the importance of cooperation under this Chapter being implemented, in the case of New聽Zealand, in a manner consistent with Te Tiriti o Waitangi/The Treaty of Waitangi and where appropriate informed by Te Ao M膩ori, M膩tauranga M膩ori, and tikanga M膩ori.

4. The Parties recognise the value of M膩ori leadership, Te Ao M膩ori approaches, and M膩tauranga M膩ori that contribute to the design and implementation of policies and programmes in New Zealand, that protect and promote M膩ori economic aspirations.

5. The Parties recognise the value of increased M膩ori participation in international trade and investment, including digital trade. This includes through the promotion of M膩ori relational approaches, M膩tauranga M膩ori, technologies, and Kaupapa M膩ori methodologies, in the case of New Zealand.

6. Subject to鈥痠ts international obligations, New Zealand may adopt or maintain measures to鈥痳espect, preserve, and promote traditional knowledge and traditional cultural expressions.

7. The Parties recognise the value of enhancing cultural and people-to-people links that may result from the opportunities created by this Chapter for both Parties.

8. The Parties recognise the challenges that exist for M膩ori in accessing the trade and economic opportunities derived from international trade, and the importance of international trade in enabling and advancing M膩ori wellbeing.

9. The Parties agree that the purpose of this聽Chapter is to pursue cooperation聽between them聽that contributes towards New Zealand鈥檚 efforts to enable聽and advance M膩ori economic aspirations and wellbeing.

10. For greater certainty, nothing in this Chapter:聽聽

(a) gives rise to聽obligations that relate to intellectual property, except for paragraph 6 in the case of New Zealand;

(b) creates any requirement聽on the United Kingdom to change its law relating to intellectual property or intellectual property policy;聽

(c) constitutes recognition by the United Kingdom that Genetic Resources, Traditional Knowledge, or Traditional Cultural Expressions are forms of intellectual property in their own right; or

(d) constitutes recognition by the United Kingdom that any examples of Genetic Resources, Traditional Knowledge, or Traditional Cultural Expressions are protectable as intellectual property other than to the extent such protection is consistent with United Kingdom intellectual property law.

Article 26.3: International Instruments

The Parties note:听听听

(a) their commitments as Parties to the UNESCO Convention on the Protection and Promotion of Diversity of Cultural Expressions done at Paris on 20 October 2005;聽聽

(b) the objectives of the UN 2030 Agenda for Sustainable Development adopted by the UN General Assembly Resolution 70/1 on 25 September 2015, and its Sustainable Development聽Goals;

(c) their rights and responsibilities under the Convention on Biological Diversity done at Rio de Janeiro on 5 June聽1992; and

(d) the UN Declaration on the Rights of Indigenous Peoples adopted by the UN General Assembly in New York on 13 September 2007, and further note the national positions of the United Kingdom and New Zealand made on that Declaration.

Article聽26.4:聽Provisions Across the Agreement Benefitting M膩ori

In addition to this Chapter, there are provisions in other Chapters of this Agreement that enhance the participation of M膩ori in trade and investment opportunities derived from this Agreement which, in the case of New Zealand, further contribute to the ability of M膩ori to exercise their rights and interests under Te Tiriti o Waitangi/The Treaty of Waitangi. These聽include:聽

(a) Chapter 15 (Digital Trade);

(b) Chapter 16 (Government Procurement);

(c) Chapter 17 (Intellectual Property);

(d) Chapter 22 (Environment);

(e) Chapter 24 (Small and Medium-Sized Enterprises);

(f) Chapter 25 (Trade and Gender Equality); and

(g) Chapter 32 (General Exceptions and General Provisions).

Article 26.5: Cooperation Activities

1. The Parties may facilitate,聽where appropriate and practicable,聽with M膩ori聽in the case of New聽Zealand and in coordination with聽other relevant stakeholders聽as appropriate, the following activities:^{[footnote 1]}听听听

(a) collaborating on enhancing the ability of聽M膩ori-owned enterprises to access and benefit from the trade and investment opportunities created by this Agreement;

(b) collaborating on developing links between United Kingdom enterprises and M膩ori-owned enterprises and entrepreneurship, which may include facilitating access to new and existing supply chains, enabling and strengthening e-commerce opportunities, and facilitating cooperation between enterprises on trade in products of M膩ori origin. This may additionally include undertaking joint roadshows and activities promoting links between United Kingdom SMEs and M膩ori-owned SMEs, consistent with cooperation activities set out in Article 24.3 (Cooperation to Increase Trade and Investment Opportunities for SMEs 鈥� Small and Medium-Sized Enterprises) and Article 24.4 (Cooperation on Implementation of this Agreement 鈥� Small and Medium-Sized Enterprises); and

(c) continuing to support science, research, and innovation links as appropriate between the United Kingdom and M膩ori communities.

2. Each Party聽may聽invite the views and participation聽in the cooperation activities of this Chapter聽of relevant stakeholders,聽and in the case of New聽Zealand of M膩ori in accordance with聽Te聽Tiriti聽o Waitangi/The Treaty of Waitangi principles.聽

3. All cooperation shall be at the request of a Party, on mutually agreed terms聽in respect of聽each聽cooperation activity.

Article 26.6: Recognition of Haka Ka Mate

1. The Parties acknowledge the significance of the Haka Ka Mate to Ng膩ti Toa Rangatira, and as an integral part of its history, culture, and identity.

2. The Parties shall jointly endeavour to identify appropriate means to advance recognition and protection of Haka Ka Mate. New聽Zealand will invite the participation of Ng膩ti Toa Rangatira in these cooperation activities.

Article 26.7: Inclusive Trade Sub-Committee聽

The Inclusive Trade Sub-Committee established under Article 30.9 (Sub-Committees 鈥� Institutional Provisions) shall support the effective implementation and operation of this Chapter and monitor and review its implementation. The Inclusive Trade Sub-Committee shall have the functions set out in Article 30.8 (Inclusive Trade Sub-Committee 鈥� Institutional Provisions).

Article 26.8: Non-Application of Dispute Settlement聽

Neither Party shall have recourse to dispute settlement under Chapter 31 (Dispute Settlement) for a聽matter聽arising聽under聽this聽Chapter.