< October 2024 newsletter


Revised Treaty Principles Bill – a wasted opportunity

The revised Treaty Principles Bill, released by Cabinet on September 11, is a significant disappointment. Unlike ACT's initial proposal, which included three clear and concise principles aimed at enhancing “certainty and clarity,” Cabinet has recently released a set of principles that diverge considerably from ACT policy. Originally a unified set of three complementary elements, the new principles are an inconsistent mix of contradictions.

The three foundational principles that will serve as the basis for the legislation, as agreed on by Cabinet, are as follows:

  1. Civil Government: 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.
  2. Rights of Hapū and Iwi Māori: The Crown recognises the rights that hapū and iwi had when they signed the Treaty. 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 legislation, Treaty settlements, or other agreement with the Crown.
  3. 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.

Principle 2 states, “The Crown recognises the rights that hapū and iwi had when they signed the Treaty. The Crown will respect and protect those rights.” This provision would create an opportunity for Treaty lawyers and judges to advocate and decree what rights hapū and iwi had in 1840, then enshrine them in law, potentially exacerbating divisions within our nation. This is highly problematic, not least because some practices by hapū and iwi in 1840 are fundamentally incompatible with contemporary New Zealand society.

Additionally, conferring exclusive rights to hapū and iwi is at odds with Principle 3 – ‘The Right to Equality’.

Another criticism concerns Principle 1, which omits to mention the right of the government to govern for all New Zealanders, as stipulated in ACT’s initial Treaty Principles Bill. Leaving out the phrase “for all New Zealanders” could be used to promote the idea from some quarters, such as Te Pāti Māori, that under the terms of the Treaty the Crown does not have the right to govern over Māori. This concept is further promoted by the Waitangi Tribunal in its interim report on ACTs proposed Treaty Principles Bill. In this and previous reports the Tribunal claims that under the Treaty Māori leaders agreed to share power in exchange for the guarantee of their rangatiratanga. And that rangatiratanga limits the Crown’s right to govern.

ACT’s original Treaty Principles Bill

Compare the contradictory and confusing principles agreed to by Cabinet with ACT's original Treaty Principles Bill (Feb 24) which is based on three succinct, easy to understand principles:

  1. That the government has the right to govern for all New Zealanders
  2. That the government will honour all New Zealanders in the chieftainship of their land and all their property
  3. That all New Zealanders are equal under the law with the same rights and duties

Final content of the Treaty Principles Bill yet to be determined

In an interview with Sean Plunket on The Platform, ACT party leader David Seymour said that the principles agreed upon by Cabinet are not the actual wording of the bill – the drafting of the law will be up to the Parliamentary Counsel Office and will require Cabinet approval prior to its introduction to Parliament later this year.

This gives the public a window of opportunity to comment on the three principles of the revised bill.

Please join us in messaging the ACT party MPs to express opposition to the revised principles.

Alternatively, you can contact Parliament by phoning 0800 7273 6282 and request to be connected to their offices to express your concerns.

The contact details of other members of the Cabinet are available here: https://www.beehive.govt.nz/ministers

The full list of MPs is available here: https://www.parliament.nz/en/mps-and-electorates/members-of-parliament/

The Treaty Principles Bill is due to be introduced into the House on November 18, followed by its first reading on November 21. It will then sit with a select committee for six months, with MPs reporting back on it in the week ending May 16. 

What are the current Treaty Principles?

Good question! There is no final and complete list of Treaty principles. Parliament first introduced the concept of Treaty principles in the Treaty of Waitangi Act 1975. The act says that Māori can bring a claim to the tribunal about a Crown policy or practice (amongst other things) which was or is ‘inconsistent with the principles of the Treaty’. At the time Parliament did not define the content of the principles, but this has been done over time by the courts and the Waitangi Tribunal. There are now approximately 40 statues that refer to them (excluding settlement legislation and secondary legislation).

References

David Seymour: ‘Next steps agreed for treaty principles bill

Waitangi Tribunal: NGĀ MĀTĀPONO The Principles

The Encyclopaedia of New Zealand: Principles of the Treaty of Waitangi

Opinion

Breaking Views: Barrie Davis: The Revised Treaty Principles Bill

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