Democracy Action supports the Bill, though with reservations specifically concerning Principle 2.
We support the objective to “create greater certainty and clarity to the meaning of the principles in legislation”.
Parliament has failed the nation by incorporating the concept of principles of the Treaty in legislation without providing a clear definition. As a result, unelected bodies like the Waitangi Tribunal and the courts, which lack democratic oversight and accountability, have taken on the task of interpreting these principles. Their interpretations of the "principles of the Treaty" are reshaping New Zealand's constitutional framework, and in doing so undermining the tenets of democracy and equal citizenship.
This transformation of the country's constitutional structure has occurred without the consent of the people. Therefore, we welcome this opportunity to participate in a national dialogue regarding the role of the principles of the Treaty within our constitutional framework - a conversation which we consider to be well overdue.
Democracy Action strongly supports 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.”
We support the principle of a single Parliament directly elected by the people. However, we recommend that the text of Principle 1 be amended to include the term ‘all New Zealanders’, i.e. ‘the Government of New Zealand has full power to govern all New Zealanders’.
Democracy Action also strongly supports 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.”
We endorse Principle 3 for the following reasons:
- Equality is a cornerstone of human rights, founded on the conviction that every individual deserves fair treatment, free from discrimination.
- Equality fosters social unity, playing a vital role in cultivating a more harmonious and just society.
- Furthermore, political equality is a key principle of a democratic governance system.
We do not support the current wording of Principle 2 as presented in the Bill: “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”.
The reasons we have reservations concerning Principle 2:
- It is unclear and may never be fully established what exactly were the agreed rights in 1840. For that reason, the current wording is likely to perpetuate ongoing conflict and litigation
- Furthermore, providing for differing rights when they are specified in Treaty settlements conflicts with Principle 1 (democratic governance) and Principle 3 (the right to equality) in the considerable number of Treaty settlements that include co-governance and similar arrangements with Iwi. Such provisions create rights for Iwi Māori that are superior to those held by other New Zealand citizens. Co-governance models, characterized by "power sharing," discriminate against other citizens by diminishing their democratic representation in decision-making processes. Moreover, with many settlements yet to be concluded, the possibility arises that the provisions in Principle 2 could be exploited to circumvent the obligations specified in Principles 1 and 3.
Recommendation: Because of the reasons outlined above, Democracy Action recommends that Principle 2 reverts to the original Act policy, as outlined in the coalition agreement and arguably the one Act was elected to advance. This states: ‘The Government will safeguard the authority of all citizens over their land and property’.
Conclusion
Democracy Action supports the opportunity to provide certainty to the country regarding the principles of the Treaty with the active participation of the people of New Zealand. We generally support the Principles of the Treaty of Waitangi Bill, though with reservations concerning Principle 2. We strongly recommend Principles 1 and 3 be approved but recommend Principle 2 revert to the original Act party Principle 2 – ‘The Government will safeguard the authority of all citizens over their land and property.’ We recommend that any principles of the Treaty of Waitangi closely reflect the three articles of the Te Tiriti – (the signed copy of the Treaty), which guarantees:
- the Crown has the right to govern;
- the protection of the property rights of the chiefs, the tribes and all the people of New Zealand (‘…nga tangata katoa o Nu Tirani…’ Article 2);
- equality of citizenship.
On behalf of Democracy Action, thank you for considering our submission.
ENDS