After many months of heated discussion, the Government’s Treaty Principles Bill has finally begun what is likely a doomed legislative journey. 1News explains what’s next.
National ticked another task off its coalition deal with ACT this week, with the first reading of the Treaty Principles Bill in Parliament.
However, both of ACT’s coalition partners have maintained they won’t support the Bill any further. So, where to from here?
Firstly, what is this bill about?
The Treaty Principles Bill proposes to define and clarify how the principles of the Treaty of Waitangi are interpreted and applied in laws and decision-making.
The principles are interpretations of the Treaty that have been developed by the courts and government officials since the passing of the Treaty of Waitangi Act in 1975.
Katie Bradford looks at what some of the differences are between the Bill and the current Treaty principles. (Source: 1News)
The principles were created in part to bridge the differences between the two versions of the Treaty, and guide relations between the government and Māori.
While there is no definitive list of principles, people often refer to the “three Ps”:
- Partnership – the Treaty created a relationship between Māori and the Crown, in which both parties must act reasonably and with the utmost good faith.
- Participation – the Crown will give tangata whenua the opportunity to engage with decision-making at all levels.
- Protection – the Government must prioritise the active protection of Māori interests, rights, taonga and rangatiratanga.
No principles have ever been expressly defined in law, which is what ACT leader David Seymour says the Treaty Principles Bill is seeking to do.
What principles is this new bill proposing?
Seymour spoke to Breakfast’s Jenny-May Clarkson about the bill on Friday November 8, the day after it was introduced to Parliament. (Source: Breakfast)
The Bill requires the new principles be used when interpreting legislation. Those proposed principles are:
- 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.
- 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.
- 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.
The Bill does not alter the text of the Treaty itself.
It would also only come into force if a majority of voters supported it in a national referendum.
So, we’re having a referendum on this?
Probably not.
National and NZ First have said they wouldn’t vote for the Bill beyond its first reading, which means it would lack the support to pass into law.
This week’s first reading and vote in Parliament means the Bill progresses to the next stage — select committee.
In light of the Treaty Principles Bill passing its first reading, 1News takes a look at the process a bill goes through to become law. (Source: 1News)
The Bill will go through the full six-month select committee process where public feedback can be submitted about it.
It then goes back to Parliament for more debate and a second reading. It’s at this point that ACT’s coalition partners have said they are withdrawing their support, so the Bill would end there.
What do people make of this bill?
The Government is set to introduce the controversial Treaty Principles Bill on Thursday. (Source: Breakfast)
The Bill’s introduction comes as a nationwide hīkoi winds its way to Wellington to protest the proposed legislation.
A Waitangi Tribunal report in August found the Bill would “undermine social cohesion”. It added this month that the Bill “would be the worst, most comprehensive breach of the Treaty/te Tiriti in modern times” if enacted.
Meanwhile, more than 40 members of the King’s Counsel wrote to the Prime Minister and the Attorney-General this week to share their “grave concerns” with the Bill. They called on the Government to “act responsibly now and abandon” it.
Opposition leader Chris Hipkins told Breakfast last week just introducing the Bill was “effectively [undoing] decades worth of work to restore the relationship between Māori and the Crown” and was “a massive step backwards for New Zealand”.
“And unfortunately, even if the Bill doesn’t proceed beyond its first reading, the damage has already been done here,” he said.
But Seymour said introducing the Bill “provides an opportunity for New Zealanders — rather than the courts and the Waitangi Tribunal — to have a say on what the Treaty means”.
“I am looking forward to this important national conversation about the place of the Treaty in our constitutional arrangements,” he said.
