Report of the Waitangi Tribunal on the Orakei Claim

11 The Status and Scope of The Treaty of Waitangi

11.10 The Duties of the Treaty Partners

11.10.1 Finally, and perhaps most importantly, we state a leading principle of
the Treaty articulated by the Court of Appeal in the New Zealand Maori
Council case. There are two essential elements. The first is the recognition in
the words of Cooke P at 369 that "the Treaty signified a partnership between
the races". The second is the obligation which arises from, indeed is inherent
in, this relationship for each partner to act towards the other as Cooke P puts
it at 370, "with the utmost good faith which is the characteristic obligation
of partnership." Later, the learned President says

It should be added, and again this appears to be consistent with the Tribunal's
thinking, that the duty to act reasonably and in the utmost good faith is not one-sided.
For their part the Maori people have undertaken a duty of loyalty to the Queen, full
acceptance of her Government through her responsible Ministers, and reasonable
cooperation.

Richardson J puts the matter in this way at 388

There is, however one paramount principle which I have suggested emerges from
consideration of the Treaty in its historical setting: that the compact between the
Crown and the Maori through which the peaceful settlement of New Zealand was
contemplated called for the protection by the Crown of both Maori interests and
British interests and rested on the premise that each party would act reasonably and
in good faith towards the other within their respective spheres. That is I think
reflected both in the nature of the Treaty and in its terms.

Somers J expressed his view succinctly at 400

Each party in my view owed to the other a duty of good faith. It is the kind of duty
which in civil law partners owe to each other.

Finally, Casey J puts it in this way at 410

I see such a principle as very relevant in this case, inherent in the concept of an
on-going partnership founded on the Treaty. Implicit in that relationship is the
expectation of good faith by each side in their dealings with each other, and in the
way that the Crown exercises the rights of Government ceded to it. To say this is to
do no more than assert the maintenance of the "honour of the Crown" underlying
all its treaty relationships.

We would state the principle which emerges in this way. The Treaty signifies
a partnership between the Crown and the Maori people and the compact
between them rests on the premise that each partner will act reasonably and
in the utmost good faith towards the other.