The Treaty Principles Bill has been introduced to Parliament – and will have its first reading next Thursday, November 14.
The bill was originally set to be introduced on November 18. After it was revealed its introduction was being brought forward the Waitangi Tribunal released the second part of its interim report into the bill on Tuesday.
When it is debated in Parliament next week, Prime Minister Christopher Luxon will not be in the country.
National and New Zealand First have both said they would not support the bill beyond its first reading.
Today a group of protesters opposed to the bill gathered outside Seymour’s Auckland office, as well as outside Parliament.
The controversial bill will have its first reading next week when Christopher Luxon is out of the country. (Source: 1News)
On the bill’s introduction, Associate Justice Minister David Seymour said Parliament introduced the concept of the Treaty principles into law in 1975 “but did not define them”.
“As a result, the courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights.
“Those actions include co-governance in the delivery of public services and ethnic quotas in public institutions.”
He said the principles of the treaty are “not going anywhere”.
“Either Parliament can define them, or the courts will continue to meddle in this area of critical political and constitutional importance.
“The purpose of the Treaty Principles Bill is for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.”
“Once the Bill has had its first reading, every New Zealander will have the opportunity to provide their views on the Bill at the select committee stage.
“The Bill will not alter or amend the Treaty itself. It will be used to assist with the interpretation of legislation where Treaty principles would normally be considered relevant, in addition to legislation that refers to Treaty principles directly.
“Far from being a divisive document, the Treaty is a powerful guide for New Zealand’s future, establishing that all New Zealanders have equal rights, and that the government has a duty to protect those rights.”
In its first report following an inquiry in May, the Waitangi Tribunal found the Bill would effectively rewrite the Treaty of Waitangi.
It also said it was a solution to a problem that did not exist and little more than a “politically motivated attack on perceived Māori privilege”.
The latest report, based on the second hearing, was just as critical.
“We found that if this Bill were to be enacted, it would be the worst, most comprehensive breach of the Te Tiriti in modern times,” it read.
“If the Bill remained on the statute book for a considerable time or was never repealed, it could mean the end of the Treaty.”
The new report said if the Bill progressed, the damage to the Māori Crown relationship would be profound.
‘Constitutional arrangements would be unsettled’
Lawyer Max Harris told Breakfast today that the Waitangi Tribunal exposed “some pretty clear failings of process”.
“They talk about how there was a plan for public consultation that was aborted with this bill. The plan for expert consultation was also set aside, and how the bill failed an internal quality assessment. That’s the process parts of the bill that stand out to me.”
“On the substance side, the report makes some pretty scathing comments. It says this bill if passed, would negatively impact Māori in nearly almost every area of life, and for all of New Zealand it says constitutional arrangements would be unsettled.”
He also thought the Prime Minister “should be here to answer questions about that and to take responsibility for what he’s done”.
Te Tiriti o Waitangi expert Margaret Mutu said when she heard the Government had brought the bill forward by a couple of weeks, she thought “why are you so scared of us, why are you so scared of the country hearing what it is Māori have to say”.
“That made me quite sad, because I am part of the National Iwi Chairs Forum and we have for the past six governments we have always tried to have a good relationship between us and the Crown.”
However, organisers of the Toitū Te Tiriti hīkoi, due to start on Monday, said they are unfazed by the shift of date.
Government defends early introduction
Simeon Brown defended the bill being brought forward early, and said the Government is not scared of hearing from the public.
“Once [the bill] is tabled the public of New Zealand will be able to see a copy of the bill, and they will be able to engage in it,” he told Breakfast today.
“Ultimately that’s about giving the New Zealanders the opportunity to see a copy of the bill and that’s what we’re simply doing today.
“All that’s happening today is a technicality, the bill is being tabled on the floor of Parliament for a first reading the in coming days. Ultimately, that’s all that is happening and what I’d say to the public is the National Party have been very clear, we’ll support it to a first reading, and will go no further after that.”
Seymour told RNZ yesterday that it “hasn’t actually been brought forward”.
“This is happening all the time as people get policy decisions, get papers through Cabinet, to get time in the House and so on. There’s a lot of reasons why introduction times for bills move so frequently.
“They [the Waitangi Tribunal] asked for a date, we gave them a date, the date changed – and now this idea that it’s been brought forward has become a storyline but is really much ado about nothing.”
