Our work is grounded in a deep respect for Te Tiriti o Waitangi, and a commitment to advocating for Tiriti-based justice. We have responsibilities for this work from our positions as mokopuna Māori, as Tangata Moana whanaunga and as Tangata Tiriti.
Our understanding is that in terms of Te Tiriti o Waitangi, takatāpui and takatāpuitanga – mātauranga, practices and ways of being takatāpui – are taonga. We’re using takatāpui here as a collective word to talk about all Māori whose genders, bodies and sexuality are different to colonial norms, recognising that not everyone who fits into this group would use the word takatāpui to describe themselves.
Historically and currently, there are accepted and valued places for takatāpui within Te Ao Māori. Because of this, Te Tiriti o Waitangi upholds the enduring right for Māori to protect and make decisions about takatāpui as part of the whānau. Tino rangatiratanga includes upholding takatāpui rights, nurturing relationships and connections with culture, and respecting the place of takatāpui within Te Ao Māori.
Even though these rights were guaranteed by Te Tiriti o Waitangi, British colonisation actively alienated takatāpui from their whānau, hapū and iwi contexts through suppressing mātauranga related to takatāpui ways of being, and through introducing social stigma and judgement, laws against homosexual behaviour, legal penalties for non-conforming gender expression and medical models that defined takatāpui bodies, identities and practices as illnesses. Through the formation of the New Zealand state, Māori whose appearance, relationships, behaviours and bodies defied colonial gender norms were suppressed, criminalised and pathologised.
Te Tiriti o Waitangi requires that the New Zealand state uphold the rights of takatāpui; to address and provide redress for historical and ongoing harms caused by colonisation. Our advocacy includes reminding the state of its Treaty obligations to takatāpui.
These issues are due to be considered by the Waitangi Tribunal under Wai 2703, a claim specifically about takatāpui rights and healthcare.
Read our open statement: Takatāpui and rainbow communities reject the Principles of the Treaty of Waitangi Bill
We’re calling on the government to withdraw the Bill immediately and to recommit to honouring the Crown’s commitments under Te Tiriti o Waitangi.
We encourage all takatāpui and rainbow tauiwi, and everyone who cares about human rights, to make a submission against the Principles of the Treaty of Waitangi Bill.
Submissions are due 7 January 2025. We have a collection of guides and tips to help you write one.
Our advocacy
Sign on to our public statement (Nov 2024): Takatāpui and rainbow communities reject the Principles of the Treaty of Waitangi Bill
Our submission on the Law Commission’s Ia Tangata paper recommended prioritising understanding the state’s responsibilities to Te Tiriti o Waitangi and the implications of reform for tikanga Māori and for trans and intersex Māori people as New Zealand’s anti-discrimination law is updated.
Our submission to the Oranga Tamariki (Repeal of Section 7AA) Amendment Bill opposed the repeal of s7AA, and called for Oranga Tamariki to prioritise the needs of tamariki Māori, to strengthen Māori leadership and community-based solutions, and improve its responsiveness to takatāpui young people in care.
Rainbow communities condemn the disestablishment of Te Aka Whai Ora is an open statement from the Rainbow Support Collective and others, condemning the disestablishment of the Māori Health Authority and naming specific impacts on takatāpui.
Open letter to Christopher Luxon: Stop the Treaty Principles Bill - we signed this collective statement in July 2024.
Our submission on the Ministry of Health’s Mental Health and Wellbeing Long-Term Pathway (2021) included suggestions about what would be needed to uphold Te Tiriti o Waitangi for takatāpui within the national mental health system.
Other resources on takatāpui & Te Tiriti o Waitangi
Georgina Beyer’s claim to the Health Services and Outcomes Kaupapa Inquiry “concerning takatāpui and the prejudice they suffer resulting from Crown breaches of the Treaty of Waitangi 1840.” and an initial memorandum from the Waitangi Tribunal registering the claim.
Dr Leonie Pihama’s evidence brief on takatāpui sexuality to the Waitangi Tribunal’s Mana Wāhine Kaupapa Inquiry (Wai 2700) (2022).
Haukāinga - interview with Te Rangitunoa Black about how Te Tiriti o Waitangi and colonisation has affected takatāpui (filmed at Hui Takatāpui 2016).
Takatāpui.nz is a general resource hub for takatāpui and their whānau.