Abstract
In 2016, Indigenous Māori in Aotearoa New Zealand challenged the Trans-Pacific Partnership Agreement (‘TPPA’) for breaching the colonial government (Crown) obligations to them under the 1840 Tiriti o Waitangi. This was lodged before a Tribunal particularly established to inquire into such breaches. In 2021, the Tribunal upheld that claim, finding that the TPPA e-commerce provisions failed to protect Māori identity and Indigenous knowledge. Since then, the Crown and Māori have sought means to reconcile these competing paradigms within the unequal power relations of a colonial government and Indigenous Peoples – denied the sovereignty affirmed to them in 1840. This case note explains the conceptual conflict between Māori and Western understandings of the digital domain, the arguments made at the Waitangi Tribunal and the report of the Tribunal, and the challenges of implementing those findings in a trade arena that is premised on the Western paradigm.
Recommended Citation
Kelsey, Jane
(2025)
"Indigenous Māori Defend Digital Sovereignty over Big Tech’s Free Trade Rules,"
Indian Journal of Law and Technology: Vol. 21:
Iss.
2, Article 2.
DOI: 10.55496/VTYA9163
Available at:
https://repository.nls.ac.in/ijlt/vol21/iss2/2
Digital Object Identifier (DOI)
10.55496/VTYA9163
