Presented to the Justice Select Committee by the Chair of Democracy Action, Lee Short on 17 February 2025
“Morena, and Good Morning, Chair and members of the Justice Committee
My name is Lee Short. I am the Chair of Democracy Action.
Thank you for giving me this opportunity to present our case to you this morning
Firstly, I would like to begin by thanking the ACT party for having the integrity to give the people of New Zealand the opportunity to have a say on the principles of the Treaty. The general public has never been given such an opportunity before now, despite the significant impact the principles - as defined by the Waitangi Tribunal and the courts - are having on our constitution, and our rights - including the undermining of the fundamental principles of democracy, and equality of citizenship.
This country belongs to all its citizens, and we, all of us, should all be given the opportunity to determine the direction of our own nation.
Democracy Action supports the Bill, though with reservations specific to Principle 2. I will explain why this is so in a moment.
When Tiriti o Waitangi was signed in 1840, a cloak of governance was spread across the country, unifying it under one government for the first time. As shown by the recorded statements of Rangatira at Waitangi and evidenced in the archives of the British and New Zealand Governments, the more than 500 chiefs who signed were willing to accept the British system of law and government.
This was confirmed and endorsed by the chiefs who gathered at Kohimarama for a month in 1860.
All 112 chiefs present at the conference unanimously pledged to do nothing inconsistent with their declared recognition of the Queen's sovereignty, and of the union of the two races.
This commitment was reiterated a century later by Sir Āpirana Ngata, who stated that Māori ceded sovereignty by signing Te Tiriti. During a speech commemorating the Treaty’s centenary, Sir Āpirana emphasized the importance of this understanding, stating:
“Clause 1 of the Treaty handed over the mana and the sovereignty of New Zealand to Queen Victoria and her descendants forever. That is the outstanding fact today.”
With the signing of the Treaty, we became united under one government, and over the decades, our country has transformed into an independent sovereign nation with a democratic system, where the authority to govern is derived from the people. For all intents and purposes, the term 'the Crown' now represents the collective voice of the people of New Zealand, making all citizens a part of the sovereign entity.
We at Democracy Action support Principle 1: “The Government of New Zealand has full power to govern, and Parliament has full power to make laws.
Our existing government system is under serious threat. There are moves afoot to transform the constitution of New Zealand, aiming to establish a system of two separate race-based governments, operating under entirely different systems, to jointly govern the nation.
The concept of dual sovereignty has been promoted by the Waitangi Tribunal, the Iwi Chairs Forum in their Matike Mai report, and in the He Puapua report commissioned by the Labour Government in 2019.
This approach is further reflected in the policy of co-governance, which signals a departure from equality and democracy.
The claim by some that such a transformed constitution will benefit all New Zealanders, THAT IT IS GOOD FOR US, is a downright lie. It is not to the benefit of other New Zealanders to lose our democracy and equality to a specific group in a nation divided by race.
As warned by former Labour Prime Minister David Lange in 2000: “We can have a democratic form of government, or we can have indigenous sovereignty. They can’t coexist and we can’t have them both.”
Our history is being rewritten. Various modern interpretations of the Treaty of Waitangi have fundamentally altered its original intent – that of unity and equality - transforming it into a tool of division instead.
We, as a people living together in New Zealand today, must stand against the notion of being governed from beyond the grave, to be required to follow a dated and disputed text. It is essential that we assert our right to self-determination - that we – ALL of us - have the freedom to decide for ourselves, for our time.
The idea of well-defined guiding principles points in the right direction.
Therefore, we submit that Principle 1 advance to a nationwide referendum.
Democracy Action also supports Principle 3: “The Right to Equality”.
Principle 3 reflects Article 3 of the Treaty, whereby all the people of New Zealand gained the rights and privileges of British citizenship. This is a clear statement of equality.
The concept of equality has long been accepted as key to a peaceful human society. This universal accord is made clear in Article 1 of the United Nations Universal Declaration of Human Rights, that:
“All human beings are born free and equal in dignity and rights.”
Furthermore, comprehensive condemnation of inequality based on race is found in the United Nations Declaration on the Rights of Indigenous Peoples, in a statement by the General Assembly.
I quote:
“Affirming further that all doctrines, policies and practices based on or advocating superiority of peoples or individuals on the basis of national origin or racial, religious, ethnic or cultural differences are racist, scientifically false, legally invalid, morally condemnable and socially unjust”.
This is further emphasised in the last paragraph, which makes it clear that any claim to indigenous status is secondary to the fundamental principles of equality and democracy:
Quote:
“The provisions set forth in this declaration shall be interpreted in accordance with the principles of justice, democracy, respect for human rights, equality, non-discrimination, good governance and good faith.”
The idea of equality within a democratic system has faced significant challenges over the past 50 years. Equality has gradually eroded. It has been compromised by both major political parties as they endorse policies that discriminate based on race. For instance, the National Party did so by repealing the Foreshore and Seabed Act and implementing the Marine and Coastal Area Act, while the Labour Party has demonstrated a strong commitment to separate race-based policies.
But, there is nothing more precious to a people, and a nation, than the common belief of all that we are equal, that we each and every one belong here, that this land is our land – along with all the commons, the lakes, rivers and beaches, the bush, the mountains and the sea.
Therefore, we submit that Principle 3 advance to a nationwide referendum.
Now, I will address Principle 2, “Rights of hapū and iwi Māori—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”.
This principle raises significant concerns as outlined in our written submission.
Initially, when the Treaty settlement process began, most New Zealanders found the settlements largely acceptable. However, since 2010, there has been an increasing trend to incorporate co-governance and similar arrangements into these settlements, usually concerning public resources, such as parks, mountains, rivers, lakes, and the coastline, without consulting, let alone seeking the consent of the people. This move towards institutionalizing a 50:50 co-governance model based on race poses a significant threat to our democracy by eroding the democratic rights of other New Zealanders. It disregards the critical principle of proportionality and contravenes section 19(1) of the New Zealand Bill of Rights Act, which guarantees freedom from racial discrimination.
Moreover, with many settlements still pending, there is a risk that the provisions in Principle 2 could be used to circumvent the obligations specified in Principles 1 and 3.
Therefore, Democracy Action does not support Principle 2 of the Bill, but does support the Act party’s original principle 2 as outlined in the coalition agreement and arguably the one Act was elected to advance, and which reflects article 2 of Tiriti o Waitangi, and that is:
The New Zealand Government will protect all New Zealanders’ authority over their land and other property.
In conclusion, we support three basic principles, that are:
- The New Zealand government has the right to govern New Zealand.
- The New Zealand government will protect all New Zealanders’ authority over their land and other property,
and
- All New Zealanders are equal under the law, with the same rights and duties.
We submit that these three principles advance to a nationwide referendum.
Thank you.