Article: The Public Service and Our Post Colonial Future

06/04/2020

Public Service Act 2020 and our post-colonial future (2020)

In this 2020 commentary for Public Sector, written at IPANZ’s invitation while the Public Service Legislation Bill was before Parliament, I ask whether the new legislation will allow Māori to exercise rangatiratanga, and my answer is probably not. The Bill recognises that the public service has a role in supporting the Crown’s relationship with Māori under Te Tiriti o Waitangi. It defines that role narrowly, however, as building the capability to engage with Māori and understand Māori perspectives, with a particular focus on developing Māori leaders in the public service and on Māori public servants being able to be Māori at work. Both the courts and the Waitangi Tribunal have found that Māori development depends on the exercise of rangatiratanga. For that reason, I suggest the better test for the public service is whether Māori people and communities are free to exercise rangatiratanga and benefit from it, while enjoying the same outcomes as other citizens through government services suited to their needs. I also ask why the legislation contains no Treaty clause requiring the public service to give effect to Treaty principles, or at least a provision allowing it to work towards a post-colonial future as 2040 approaches.

Reference
Te Kawa, D. (2020). Public Service Act 2020 and our post-colonial future. Public Sector, 43(1).

ORCID: https://orcid.org/0009-0006-5129-5218

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