Submission: The Treaty Principles Bill
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.
Read moreRevised 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.
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