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This is the first of a series of articles exploring current implications of the Treaty of Waitangi for New Zealand governance. Here, the objective is to locate the persistent Māori demand for some form of self government in its democratic context of government by- consent. The argument is that the issues are not conceptually difficult. In particular, fears about ‘sovereignty’ are unwarranted. The current burst of activity in ‘Treaty negotiation’ is not a threat to New Zealand’s democracy, but a sign of its strength – a positive and expected part of the constitutional system. As in any democracy, however, there are legitimate questions about the framework within which such negotiation takes place and its limits.

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This article delves further into that broad framework by considering the interplay between law and political negotiation, concepts of relationships between citizen and state, the role of rights in political debate, and the effect of concepts of indigeneity on all of these. The broad conclusion is that current legal and policy debates are constantly testing what is different about the state’s relationship with indigenous people, and when, why and how any difference is relevant. The debate must take place, but it needs to be approached with care as it touches on matters that go to the heart of our traditions of democracy and equality.