The Report on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership Wai 2522 [Stg 3]

Wai 2522

The Waitangi Tribunal has released The Report on the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, concluding the inquiry into the Trans-Pacific Partnership Agreement (TPPA) which has proceeded over three stages.

The inquiry panel comprised Judge Michael Doogan (presiding officer), David Cochrane, Professor Susy Frankel, Ta Hirini Moko Mead, Kim Ngarimu, and Tania Simpson. Hearings were held at the Waitangi Tribunals hearing room in Wellington from 17 to 19 November 2020.

Originally, stage 3 of the inquiry included issues relating to engagement, secrecy, and data sovereignty. The issues of engagement and secrecy were resolved through mediation and, as a result, the majority of claims were withdrawn. The two remaining claims contained pleadings relevant to the remaining issue; data sovereignty. As such, the report asks one question: What (if any) aspects of the e-commerce chapter of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership are inconsistent with the Crowns obligations under te Tiriti/the Treaty?

The Tribunal concluded that the risk to Maori interests arising from the electronic commerce (e-commerce) provisions are significant and that reliance on exceptions and exclusions in the agreement to mitigate that risk falls short of the Crowns duty of active protection. As a result, the Tribunal found that the Crown has failed to meet the Tiriti/Treaty standard of active protection and that this failure constitutes a breach of the Tiriti/Treaty principles of partnership and active protection.