The Government’s controversial Treaty Principles Bill is once again in the spotlight as the Waitangi Tribunal’s urgent inquiry into the policy gets underway in Wellington.
It follows widespread opposition to the Bill, which seeks to redefine the Treaty principles using ACT’s interpretation of the three articles.
According to the party, the Treaty of Waitangi should be defined as:
- Article One – The New Zealand Government has the right to govern all New Zealanders.
- Article Two – The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property.
- Article Three – All New Zealanders are equal under the law.
The controversial Bill seeks to redefine the Treaty principles using ACT’s interpretation of the three articles.
Claimants and interested parties behind the legal challenge include iwi leaders, academics, health workers and representatives from Māori groups throughout the country.
They argue ACT’s interpretation is inaccurate, misleading and provides both the Crown and non-Māori more rights than the Treaty promised.
In a joint written submission to the Tribunal, they said the Bill would “effectively write Te Tiriti o Waitangi out of existence for the purposes of the Crown”.
“The National Party’s political deal with New Zealand First would potentially purge the statute book of references to the ‘principles of the Treaty’, and potentially of references to the Treaty altogether aside from Treaty settlement legislation,” they said.
It’s widely understood that Te Tiriti o Waitangi was an exclusive agreement between the Crown and Māori.
But ACT’s definition includes a guarantee that the “chieftainship” of all New Zealanders would be honoured.
Ngāpuhi elder and former lecturer at the University of Auckland Hone Sadler is giving expert evidence at the inquiry.
“The interpretation above is so far removed from what Te Tiriti actually says that it is barely recognisable,” he said.
“The meaning of Te Tiriti has already been inquired into in the Paparahi o Te Raki Inquiry.”
The Paparahi o Te Raki Inquiry by the Waitangi Tribunal investigated the Crown’s extensive Treaty breaches across Northland.
It also provided some clarity on what the chiefs who signed Te Tiriti o Waitangi actually agreed to.
“In February 1840, the Rangatira who signed Te Tiriti did not cede sovereignty. That is, they did not cede their authority to make and enforce law over their people or their territories,” the Tribunal’s report said.
“Rather, they agreed to share power and authority with the Governor.”
The Tribunal’s urgent hearing is set down for two days, with Crown representatives set to give evidence first.
In their written submission to the Tribunal, they reiterated ACT’s position on why the Bill was needed.
“The problem as described in the ACT policy document is that the Courts, the Waitangi Tribunal and the public service are increasingly referring to vague Treaty principles to justify actions that are contrary to other matters (such as equal rights for all citizens),” they said.
“The proposed solution is for Parliament to define the principles in statute to stop this from happening.”
The ministry said it was limited in its ability to share information given the policy was still in its early stages but admitted there had been no Māori expertise sought on the development of the Bill.
“To date, no tikanga Māori or te reo Māori experts have been involved in the policy development process for the Bill,” they said.
The inquiry will ultimately determine whether the Bill breaches Te Tiriti o Waitangi.
The Tribunal is expected to release its findings by the end of the month.
