Season’s greetings to you! In this last update of the year, the Democracy Action team would like to say a big thank you to all who have supported us and taken action over what has been another challenging year. Thank goodness the Christmas season and summer holidays are just around the corner!
That said, our work is far from complete - we must keep up the momentum and continue our efforts as there is so much going on.
URGENT ACTION NEEDED ON THE MACA AMENDMENT BILL
Concerns have been raised about the Marine and Coastal Area (Customary Marine Title) Amendment Bill in light of the recent Supreme Court ruling in what is known as ‘the Edwards case’. This decision emphasises that tikanga should be central to all decision-making related to claims under the Marine and Coastal Area Act, even suggesting that it can impact the second limb of the test process outlined in section 58. This ruling may undermine the Coalition's efforts to ensure that the law reflects the original intentions of Parliament.
Therefore, I urge you to urgently email your MP, the Minister of Justice Paul Goldsmith, and NZ First leader Winston Peters, to demand the government explicitly exclude tikanga as a factor in the second limb of the Section 58 Customary Marine Title test. Additionally, for all new claims – including the consolidation of existing claims into a single claim – to be ruled out of time. Their email addresses are available on the Government website HERE
(If you have the time, it would be helpful if you could also send your message to all the National, Act and NZ First MPs)
HAVE YOU MADE YOUR SUBMISSION ON THE TREATY PRINCIPLES BILL?
Earlier this month we sent you a plea to make a submission on the Treaty Principles Bill. Many thanks to those who have already done so. If not, you still have time - the closing date for submissions is 11.59pm Tuesday, 07 January 2025. Please encourage others to do so too. We have put together a sample submission for some suggestions on what to say in your own.
You can either lodge your submission on the government website HERE, or send two copies by post.
If you do not have the time to send your own unique submission, Hobson’s Pledge have made it very easy to have your say. Please click HERE for their submission making tool.
CALLING ALL WHANGANUI RESIDENTS!
To another issue raising a red flag. The Whanganui District Council is considering the adoption of a legally binding relationship agreement between iwi and the council - which would also apply to all future councils. If approved by the council, this proposal will be incorporated into a Treaty Settlement. You can read more about what is being proposed for the Whanganui District Council below at: ‘A world-first indigenous-council partnership’ mooted for Whanganui. In reviewing the recordings of the two public meetings that outline the proposals, (held on 9 December, now available on the WDC Facebook page), there is a sense of expectation from representatives of the Whanganui Lands Negotiation Settlement Trust that they intend to dual govern the Whanganui area as their “tribal domain.”
Whanganui people, you have until 5 pm 2 February 2025 to have your say. Contact us at [email protected] if you would like help in responding to the Council’s invitation for public engagement on the proposals.
The Whanganui Land Settlement: Crown offer documentation (2019) illustrates just how broad the Treaty settlements have become - including incorporating a means of not only directly influencing Local Bodies, but also Crown agencies.
HAVE YOUR SAY ON CHANGES TO THE MANAGEMENT OF PUBLIC CONSERVATION LAND
Two discussion documents have been released by the Department of Conservation for public feedback. One proposes implementing fees for access to some public conservation areas, while the other concerns the management of conservation land.
In his press statement at the release of the documents, Conservation Minister Tama Potaka announced:
“By updating the legislation, we aim to create a conservation system that protects New Zealand’s natural heritage, supports sustainable tourism, builds economic resilience, and strengthens partnerships with local Iwi,”
Submissions are now open and will close on 28 February 2025
Read more on this issue at: Pay-to-enter and Treaty obligations loom large in proposed changes at DOC
Another significant action we can take is to express our support whenever politicians advocate for equal rights and stand up for democratic values. I know our encouragement means a lot to them, so please take every opportunity to do so.
RECOMMENDED READING
The reinterpretation of the Treaty of Waitangi and the creation of the "partnership" myth are two significant factors contributing to the current tensions in the country. Several books have been published over the last decade or so which challenge these narratives. You might like to read some over the summer break, such as:
- Twisting the Treaty: A Tribal Grab for Wealth and Power (first published in 2013). Available at Tross Publishing
- The Corruption of New Zealand Democracy: A Treaty Overview (2011), by Dr John Robinson.
- Who Broke the Treaty? (2024) by Dr John Robinson.
Another good source of information is The Treaty Facts blog. This includes analyses of the Treaty aimed at uncovering the facts and exploring the legal implications. To get the ball rolling I suggest reading the commentary Partnership v equal rights
Also, remember to check out the Democracy Action Facebook page regularly for a variety of interesting commentaries.
Once again thank you so much for your help and support. And keep up the good work everyone –working together we can make a difference.
Last but not least, the team at Democracy Action send our best wishes to you and your loved ones for a happy, healthy, and safe Christmas and holiday season. We look forward to working with you again in the new year.
Thank you for your continued interest and support. If you have any suggestions you would like to offer, or if you need further information or help, please do not hesitate to contact us at [email protected]
And please help spread the message by sharing our newsletters with anyone who may be interested. You can receive further updates by registering or joining us.
Kind regards,
Susan Short