KIRI CAMPBELL

Nu Tireni · Evidence Series · Part 44 · Pre-Consultation Record Audit

What did Te Puni Kōkiri tell the Minister on 3 June 2009?

The 2009 Māori-flag process did not begin with the public vote. Before the consultation, Te Puni Kōkiri advised the Minister of Māori Affairs about the candidate set. A published academic reconstruction identifies a Te Puni Kōkiri memorandum dated 3 June 2009, released under the Official Information Act, as part of that record. The original memorandum is therefore now a named primary document rather than a vague research target.

3 June 2009Te Puni KōkiriOIA-released record

What can presently be established

The Journal of New Zealand Studies reconstruction of the 2009 process states that Te Puni Kōkiri considered a wider range of flags before the public consultation. It reports that other flags were rejected because they were considered too closely associated with the colonial past, too closely tied to particular iwi, or raised intellectual-property issues. The final public options were the New Zealand Flag, New Zealand Red Ensign, United Tribes flag and Tino Rangatiratanga flag.

Finding 44AThe final four were a screened shortlist. The United Tribes flag survived a pre-consultation filtering process in which other possible flags were excluded.

Why that matters

The significance is not that the 3 June memorandum automatically establishes a continuing constitutional status for the United Tribes flag. It does not. The significance is that officials appear to have treated the flag as suitable for national consultation despite excluding alternatives that were too narrow, too colonial in character, or otherwise unsuitable.

What we know

The United Tribes flag reached the official four-flag shortlist and was subsequently described in public material by reference to its 1834 historical origin.

What we do not yet know

The precise wording used by Te Puni Kōkiri in the 3 June memorandum, the full list of rejected candidates, the scoring or criteria applied, and whether He Wakaputanga was expressly discussed.

The original memorandum remains essential

The academic article is a useful map to the primary record, but it is not a substitute for the memorandum itself. Until the original 3 June 2009 document is obtained, we should not attribute detailed reasoning to officials beyond what the published reconstruction supports.

Evidence boundaryWe can presently say that a 3 June 2009 Te Puni Kōkiri memorandum existed, was later released under the Official Information Act, and is cited as part of the candidate-selection record. We cannot yet quote or fully characterise the memorandum without obtaining the released copy itself.

The next disclosure request is now exact

The request should seek the memorandum by date and subject rather than ask generally for “flag information”. It should also seek the attachments and surrounding records needed to reconstruct the decision properly:

  1. the Te Puni Kōkiri memorandum to the Minister of Māori Affairs dated 3 June 2009 concerning the national Māori flag consultation or candidate flags;
  2. all attachments, annexures and drafts associated with that memorandum;
  3. the complete longlist of flags considered before the final four were chosen;
  4. the criteria or assessment framework used to include or exclude candidates;
  5. all records explaining the inclusion of the United Tribes flag;
  6. all historical advice about the 1834 selection, King William IV approval, Admiralty circulation and He Wakaputanga;
  7. all communications between Te Puni Kōkiri, the Minister of Māori Affairs and the Prime Minister's office concerning the candidate list before the consultation commenced.

The 28 October relevance is now narrower and stronger

The present Auckland Harbour Bridge request does not depend on proving that the 2009 process conferred legal status on the United Tribes flag. Instead, the 2009 records can establish something directly relevant to administrative decision-making: Government previously treated the 1834 flag as nationally significant enough to survive a formal screening process and be put before the public as one of only four options.

Finding 44The 3 June 2009 Te Puni Kōkiri memorandum is now the critical missing primary record in the shortlist phase. Published research based on the released record indicates that officials screened a broader field of flags and rejected some as too colonial, too iwi-specific or affected by intellectual-property concerns. The United Tribes flag survived that filter and entered the four-option national consultation. The unresolved question is the exact official reasoning for its inclusion and whether the 1834–1835 documentary history was expressly relied upon.

Sources

Journal of New Zealand Studies — reconstruction citing the 3 June 2009 Te Puni Kōkiri memo ↗

Manatū Taonga — official account of the four-flag consultation ↗

NZHistory — United Tribes flag historical record ↗

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