It’s time to make a submission on the Principles of the Treaty of Waitangi Bill. Please take this not-to-be missed opportunity to have a say on the role of the Treaty principles in New Zealand’s constitutional framework.
The closing date for submissions is 11.59pm Tuesday, 07 January 2025
Every submission counts - help create a wave of support that can't be ignored.
Introduced as part of the National/Act coalition agreement, the Principles of the Treaty of Waitangi Bill aims to provide legislative clarity and reduce reliance on judicial interpretations. The concept of ‘Treaty principles’ was introduced by the Treaty of Waitangi Act 1975, but the principles were not defined. Over time the Waitangi Tribunal, the Courts and the public service have identified several Treaty principles, but New Zealanders as a whole have never been consulted.
“Parliament introduced the concept of the Treaty principles into law in 1975 but did not define them,” said David Seymour in a statement. “As a result, the courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights.”
Purpose of the Bill
The Bill seeks to clearly define the principles of the Treaty of Waitangi in statutory form. It also aims to strengthen parliamentary sovereignty and uphold equality before the law. To achieve these objectives the Bill proposes the following principles:
- Principle 1: The Government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society.
- Principle 2: The Crown recognises the rights that hapū and iwi had when they signed the Treaty/te Tiriti. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in Treaty settlements.
- Principle 3: Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.
However……….
The legal certainty and citizen equality outlined in the Principles 1 and 3 are uncertain in Principle 2 (reiterated in Clause 8). Principle 2 justifiably raises concerns because it appears to support exclusive rights for hapū and iwi Māori through Treaty settlements, which can and do trump the obligation in principle 3, the guarantee of equal rights for all.
Treaty settlement redress has evolved from a combination of cash and Crown-owned land in the early days, largely supported by the public, to an increasing trend towards the granting of extensive rights, such as legislating co-governance arrangements. These arrangements represent a fundamental constitutional change which has been implemented without consulting the public, nor any attempt to gain a mandate from the citizens to do so.
There is an irreconcilable conflict between co-governance (the ‘partnership’ principle) and equal citizenship.
Such ‘power sharing’ models have a discriminatory impact on other citizens by significantly diluting their democratic representation in decision-making processes. This is not only undemocratic, but the inherent discrimination is also in breach of the Bill of Rights.
There is a significant risk that Principle 2 may be used as a loophole to further award different political and legal rights through future Treaty settlements – rights that are inconsistent with equal rights for everyone, and the maintenance of a democratic society.
Indeed, as this RNZ report on the Whanganui Council reveals, Whanganui Council is being asked to adopt a legally binding iwi-council relationship agreement for inclusion in a Treaty settlement, and which would also apply to future councils. Reportedly, this partnership ‘would enhance iwi participation in decision-making and collaborative management of lands, resources and socio-economic strategies’. Ostensibly, Treaty settlements are ‘full and final’, so these co-governance arrangements are thought of as untouchable, not to be undone by future councils, no matter the wishes of the communities.
ACT’s original Treaty Principles
ACT's original Treaty Principles Bill was succinct, easy to understand, and without conflicting provisions. The coalition Government agreed to introduce a Treaty Principles Bill based on existing ACT Party policy (and support it to a Select Committee). The "existing” Act policy - as stated by Nicola McKee - is arguably the one they were elected to progress. It stated:
- The New Zealand Government has the right to govern.
- The Government will protect all citizens' authority over their land and property.
- All New Zealanders are equal under the law, with the same rights and duties.
Please make your voice heard - submit your thoughts before the January 7 deadline!
We urge you to tell the Select Committee you SUPPORT the Treaty Principles Bill in principle, but recommend changes be made to confirm in law that all New Zealanders have equal rights.
Suggested points you could make:
Support for the intention of the Act to give greater certainty and clarity to the meaning of the principles of the Treaty of Waitangi (Te Tiriti o Waitangi) in legislation.
Reason: This is important because enhancing the clarity of these principles will reduce confusion and disputes over their interpretation and application.
Support for the primary purpose of the Act, that is, to set out the principles of the Treaty of Waitangi in legislation, and to require, where relevant, that those principles must be used when interpreting legislation.
Reason: Achieving certainty and clarity around the Treaty principles would represent a significant improvement on the current situation, promoting a more consistent application in government policies, decisions, and legislation.
Support for Principle 1 - The Government has full power to govern, and Parliament has full power to make laws, in the best interests of everyone, and according to the rule of law and in maintaining a free and democratic society.
Reason: It is important for social cohesion and the stability of the country to reassert in law the fundamental principles of democratic governance and the recognition of Parliament as the highest authority in the law-making process, especially in the face of calls from some quarters for separate sovereignty and a separate government.
Support for Principle 3 – the right to equality: “Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination”.
Reason: Equality is fundamental to human rights, rooted in the principle that every person deserves to be treated fairly and without discrimination. It promotes social cohesion, contributing to the creation of a more harmonious and just society.
Disapproval of Principle 2.
Reason: The impact of this principle would elevate the significant rights granted to hapū and iwi Māori through Treaty of Waitangi settlements over the principle of equal rights for all, particularly in relation to any co-governance arrangements established as a result of these settlements. This situation creates a conflict between Principle 2 and Principle 3. There is an irreconcilable conflict between co-governance (the ‘partnership’ principle) and equal citizenship. Co-governance ‘power sharing’ models have a discriminatory impact on other citizens by significantly diluting their democratic representation in decision-making processes. This is not only undemocratic, but such discrimination is also in breach of the Bill of Rights.
Recommendation: Because of the reasons outlined above, recommend reverting Principle 2 to the original ‘existing’ Act policy, as outlined in the coalition agreement and arguably the one Act was elected to advance. The original Act Principle 2 is reflective of Article second of the Treaty of Waitangi in that it states: “The Government will safeguard the authority of all citizens over their land and property”.
How do I make a submission?
Make your submission on this page of Parliament’s website. They’ll ask for your contact details, and whether you want to talk to the Committee. You can upload your submission or write it on their website. Click “submit” and you’re done! (Or you can send your submission by post but remember it must be received by January 7th).
We encourage you to take the opportunity to make an oral presentation to the Select Committee. Hearings are scheduled to take place at Parliament and via Zoom video-conferencing during the week starting Monday, 27 January, and the weeks beginning 10, 17, and 24 February 2025.
N.B. The Justice Committee has gone to the unusual step of laying down further ground rules on the making of a submission on the Bill - see HERE
You don’t need to be an expert to make a submission! It’s important the Select Committee hears from everyone. Share this information and support others to submit as well.
Suggested format for a simple submission
Date:
To: Members of the Justice Select Committee
Submission on the Principles of the Treaty of Waitangi Bill:
By (your name)
Dear Justice Committee,
Please accept the following as my submission on the Principles of the Treaty of Waitangi Bill.
What should I write?
Make your recommendation - give reasons why you support the Bill. Include suggested changes and what you would like to see happen.
You can use bullet points, but there is no right or wrong way to structure your answer. JUST DO IT!
If you need some help, please send a message to: [email protected]
Kind regards,
Susan Short
On behalf of the Democracy Action Working Group
www.democracyaction.org.nz
References
Principles of the Treaty of Waitangi Bill
Treaty of Waitangi Act 1975
ACT Press Release 10 October 2022: Defining the Treaty principles
Hon David Seymour: Treaty Principles Bill passes first reading