from others, as do various rights, duties, and responsibilities for both parties to the Treaty. We explain as we proceed.

(1) The principle of reciprocity

It is a fundamental principle of the Treaty of Waitangi that Maori ceded sovereignty or kawanatanga to the Crown in article 1 in exchange for the protection by the Crown of Maori tino rangatiratanga, as stated in article 2.⁶⁷ As we have noted, the Orakei and other Tribunals stressed the need for the Crown’s exercise of sovereignty to be qualified by respect for tino rangatiratanga. In line with some previous Tribunals, we have called this the principle of reciprocity. It is sometimes characterised as an ‘overarching principle’ that guides the interpretation and application of other principles, such as partnership.⁶⁸ We follow this approach in our report. The nature of the relationship has been consistently described by the courts and the Tribunal as a reciprocal one, along with the obligations and mutual benefit that were intended to flow from it. For example, in its Report on the Mangonui Sewerage Claim, the Tribunal said:

The basic concept was that a place could be made for two peoples of vastly different cultures, of mutual advantage, and where the rights, values and needs of neither would necessarily be subsumed… It is obvious however that to achieve the objective, compromises on both sides are required and a balance of interests must be maintained.⁶⁹

The Taranaki Tribunal put it even more simply: ‘When peoples meet, the authority of each is to be respected, and the question is how, in the interests of peace, respective authorities are to be reconciled.’⁷⁰

(2) The principle of partnership

The notion of a balance of interests is reflected in the now well-known description of the Treaty relationship as akin to a ‘partnership’ between the Crown and Maori. As expressed by the president of the Court of Appeal in the Lands case, ‘the Treaty signified a partnership between the races’, and each partner had to act towards the other ‘with the utmost good faith which is the characteristic obligation of partnership’.⁷¹ He also added that ‘the duty to act reasonably and in the utmost good faith is not one-sided. For their part the Maori people have undertaken a duty of loyalty to the Queen, full acceptance of her Government through her responsible ministers, and reasonable cooperation.’

67. Waitangi Tribunal, The Turangi Township Report 1995, p 284

68. Waitangi Tribunal, Maori Development Corporation Report (Wellington: Brooker’s Ltd, 1993), p 113 ; Waitangi Tribunal, The Turangi Township Report 1995, pp 284–285

69. Waitangi Tribunal, Report of the Waitangi Tribunal on the Mangonui Sewerage Claim (Wellington: Department of Justice, Waitangi Tribunal, 1988), p 4

70. Waitangi Tribunal, The Taranaki Report: Kaupapa Tuatahi (Wellington: GP Publications, 1996), p 82

71. New Zealand Maori Council v Attorney General [1987] 1 NZLR 641, 665 (ca)