Treaty Principles Bill

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The Treaty Principles Bill is a proposed bill by ACT New Zealand. It aims to redefine the Principles of the Treaty of Waitangi. As part of its coalition agreement with ACT, the incumbent National Party does not support a referendum on the issue but has agreed to support the legislation up to the select committee level. [1] [2]

Contents

Background

In March 2022, the libertarian ACT Party announced that it would introduce a new law defining the principles of the Treaty of Waitangi if elected into government following the 2023 election. This law would only come into effect following a referendum on Māori co-governance arrangements that would be held at the 2026 general election. The party's leader David Seymour also called for a referendum on co-governance as a condition for entering into coalition with any future government led by centre-right National Party. Seymour argued that the 1840 Treaty of Waitangi was not a partnership between the New Zealand Crown and Māori, and therefore co-governance arrangements were not a "necessary extension" of that. He also claimed that co-governance arrangements created resentment and division. [3] ACT's proposed law and referendum would affect co-governance arrangements at several Crown Research Institutes, state-owned enterprises and healthcare providers such as Te Aka Whai Ora (the Māori Health Authority). However, Seymour indicated that the new law would preserve existing co-governance arrangements with the Waikato, Ngāi Tahu, Tūhoe and Whanganui iwi (tribes). [4]

In response, Māori Party co-leader Debbie Ngarewa-Packer and Professor Linda Tuhiwai Smith described ACT's proposed co-governance referendum and policies as being motivated by racism and reflecting a "Pākehā" unwillingness to share power. Similarly, Waikato leader Rahui Papa claimed that ACT's co-governance policies clashed with the second and third articles of the treaty which (he argued) guaranteed Māori participation in the social sector. [4] [3] In response, Prime Minister Jacinda Ardern reiterated the Labour Government's commitment to co-governance arrangements. Meanwhile, National Party leader Christopher Luxon refused to commit to a referendum on co-governance, but acknowledged that further clarity on co-governance was needed. [3]

In October 2022, ACT released a discussion document entitled "Democracy or co-government?" which proposed a new Treaty Principles Act that would end the focus on partnership between Māori and the Crown and interpret "tino rangatiratanga" solely as property rights. By contrast, most scholars of the Māori language define "tino rangatiratanga" as the equivalent of "self-determination" in the English language. The proposed Treaty Principles Act does not mention Māori, the Crown, iwi (tribes), and hapū (subgroups) but refers only to "New Zealanders". ACT Party leader Seymour refused to identify whom his party had consulted when developing its co-governance and Treaty of Waitangi policies, particularly its redefinition of "tino rangatiratanga" as property rights. As part of ACT's "colour-blind" policies, its social-development spokesperson Karen Chhour advocated the abolition of Te Aka Whai Ora. [5]

Coalition agreement and 2024 leak

Following the 2023 New Zealand general election, a National-led coalition government was formed with the support of the ACT and New Zealand First parties in late November 2023. [6] As part of ACT's coalition agreement with the National Party, the parties agreed to introduce a Treaty Principles Bill based on existing ACT party policy and support it to a Parliamentary select committee. In addition, ACT dropped its election demand for a referendum on the Treaty of Waitangi. [7] [2]

In January 2024, the Māori King Tūheitia Paki called for a national hui (meeting) on 20 January to unify Māori and discuss the potential impact of the Government's Treaty policies. [8] On 15 January, Tūheitia raised the matter of the Bill during a private meeting with Prime Minister Christopher Luxon and Minister for Māori Development Tama Potaka . [9]

On 19 January 2024, a Ministry of Justice memo on the proposed Treaty Principles legislation was leak. The proposed bill had three principles: that the New Zealand Government has the right to govern all New Zealanders; the New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property; and that all New Zealanders are equal under the law with the same rights and duties. The Ministry's paper expressed concerns that the proposed law would conflict with the rights and interests of Māori under the Treaty of Waitangi, that the Crown was trying to define Treaty principles without consulting with Māori, that the Bill breached international agreements such as the International Covenant on Economic, Social and Cultural Rights, and that it infringed on the Māori right to self determination. [8]

The leak came on the eve of King Tūheitia's national hui on 20 January. In response, Minister of Justice Paul Goldsmith confirmed that the Justice Ministry would investigate the leak and described the document as a draft that had not yet been considered by Cabinet. In addition Seymour, who had promoted the legislation, accused the Ministry of being part of a bureaucracy that was "resistant to change." Te Pāti Māori co-leaders Rawiri Waititi and Debbie Ngarewa-Packer used the leak to rally opposition against the Government's proposed constitutional changes and accused Seymour of seeking to undermine Māori rights enshrined in the Treaty. [8] [10]

Draft release

On 7 February 2024, ACT embarked on a public information campaign to promote the Treaty Principles Bill. This campaign includes the creation of a new website called "treaty.nz," which has a Questions and Answers section outlining the party's approach to the principles of the Treaty of Waitangi and a video featuring Seymour. Seymour also contested claims that the opposition was trying to rewrite or abolish the Treaty of Waitangi. The public information campaign also came after a leaked Justice Ministry memo claimed that the proposed bill clashed with the text of the Treaty. [11] [12]

ACT's proposed Treaty Principles Bill consists of three articles, It sets out three articles, [11] [12]

Article 1

Māori: kawanatanga katoa o o ratou whenua

The New Zealand Government has the right to govern all New Zealanders

Article 2

Māori: ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa

The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property

Article 3

Māori: a ratou nga tikanga katoa rite tahi

All New Zealanders are equal under the law with the same rights and duties

Related Research Articles

<span class="mw-page-title-main">Treaty of Waitangi</span> 1840 treaty between British Crown and people of New Zealand

The Treaty of Waitangi, sometimes referred to as Te Tiriti, is a document of central importance to the history of New Zealand, its constitution, and its national mythos. It has played a major role in the treatment of the Māori people in New Zealand by successive governments and the wider population, something that has been especially prominent from the late 20th century. The treaty document is an agreement, not a treaty as recognised in international law, and has no independent legal status, being legally effective only to the extent it is recognised in various statutes. It was first signed on 6 February 1840 by Captain William Hobson as consul for the British Crown and by Māori chiefs from the North Island of New Zealand.

<i>Tino rangatiratanga</i> Māori language term

Tino rangatiratanga is a Māori language term that translates literally to 'highest chieftainship' or 'unqualified chieftainship', but is also translated as "self-determination", "sovereignty" and "absolute sovereignty". The very translation of tino rangatiratanga is important to New Zealand politics, as it is used in the Māori version of the Treaty of Waitangi to express "full exclusive and undisturbed possession" over Māori-owned lands and property, but different translations have drastically different implications for the relationship between the 1840 signatories: the British Crown and the Māori chiefs (rangatira).

Taonga or taoka is a Māori-language word that refers to a treasured possession in Māori culture. It lacks a direct translation into English, making its use in the Treaty of Waitangi significant. The current definition differs from the historical one, noted by Hongi Hika as "property procured by the spear" [one could understand this as war booty or defended property] and is now interpreted to mean a wide range of both tangible and intangible possessions, especially items of historical cultural significance.

Kāwanatanga is a word in the Māori language of New Zealand, derived from the English word "governor". Kāwanatanga was first used in the Declaration of Independence of New Zealand, 1835. Kāwanatanga reappeared in 1840 in Article 1 of the Treaty of Waitangi, where the Māori text "te Kawanatanga katoa" corresponds to the English text "all the rights and powers of Sovereignty".

<span class="mw-page-title-main">Waitangi Tribunal</span> Permanent commission of inquiry in New Zealand

The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.

<span class="mw-page-title-main">ACT New Zealand</span> New Zealand political party

ACT New Zealand, also known as the ACT Party or simply ACT, is a right-wing, classical liberal, right-libertarian, and conservative political party in New Zealand. It is currently led by David Seymour, and is in coalition with the National and New Zealand First parties, as part of the Sixth National government.

<span class="mw-page-title-main">Māori politics</span> Politics of the Māori people

Māori politics is the politics of the Māori people, who were the original inhabitants of New Zealand and who are now the country's largest minority.

<span class="mw-page-title-main">Rangatira</span> Hereditary Māori leaders

In Māori culture, rangatira are tribal chiefs, the leaders of a hapū. Ideally, rangatira were people of great practical wisdom who held authority on behalf of the tribe and maintained boundaries between a tribe's land and that of other tribes. Changes to land-ownership laws in the 19th century, particularly the individualisation of land title, undermined the power of rangatira, as did the widespread loss of land under the Euro-settler-oriented government of the Colony of New Zealand from 1841 onwards. The concepts of rangatira and rangatiratanga (chieftainship), however, remain strong, and a return to rangatiratanga and the uplifting of Māori by the rangatiratanga system has been widely advocated for since the Māori renaissance began c. 1970. Moana Jackson, Ranginui Walker and Tipene O'Regan figure among the most notable of these advocates.

<span class="mw-page-title-main">Tūheitia Paki</span> Te Kīngi Māori

Tūheitia Pōtatau Te Wherowhero VII, crowned as Kīngi Tūheitia, is the Māori King. He is the eldest son of the previous Māori monarch, Te Arikinui Dame Te Atairangikaahu, and was announced as her successor and crowned on 21 August 2006, the day her tangihanga took place.

<span class="mw-page-title-main">David Seymour</span> New Zealand politician (born 1983)

David Breen Seymour is a New Zealand politician. He is the leader of ACT New Zealand and the Member of Parliament (MP) for Epsom. He currently serves as the Minister for Regulation in the Sixth National Government of New Zealand.

<span class="mw-page-title-main">Principles of the Treaty of Waitangi</span> Aspect of New Zealand law and politics

In New Zealand law and politics, the principles of the Treaty of Waitangi is a phrase used in the Treaty of Waitangi Act 1975. It is a set of principles derived from, and interpreting, the Treaty of Waitangi. These principles were codified in 1987, partly an attempt to reconcile the different Māori and English language versions of the treaty, and allow the application of the treaty to a contemporary context.

<span class="mw-page-title-main">National Māori flag</span> Flag representing the Māori people of New Zealand

The national Māori flag, also known as the Tino Rangatiratanga flag in reference to the concept of tino rangatiratanga, is used to represent the Māori people of New Zealand. In 2009, the Tino Rangatiratanga flag was selected as the national Māori flag after a nationwide consultation. It was first revealed on Waitangi Day in 1990. Though it does not have official status from the New Zealand Government, it has been used by the government on official occasions.

Hobson's Pledge is a right-wing lobby group in New Zealand that was formed in late September 2016 to oppose affirmative action for Māori people. It is led by conservative politician Don Brash. The group aims to nullify the partnership between the Crown and Māori, remove the Māori electorates, abolish the Waitangi Tribunal, restrict tribal powers and "remove all references in law and in Government policy to Treaty 'partnership' and 'principles'".

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Co-governance in New Zealand consists of various negotiated arrangements where Māori people and the Crown share decision-making, or Māori exercise a form of self-determination through a devolution of state power. Notable examples include the co-management of natural resources as part of the provision of Māori social services by Māori-focused entities, and statutory Māori representation in local government bodies. In addition Treaty of Waitangi settlements from 2008 often had co-governance agreements where the iwi involved worked with significant rivers, watersheds, coastlines and landmarks.

<span class="mw-page-title-main">Sixth National Government of New Zealand</span> Government of New Zealand since 2023

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References

  1. ↑ "National 'resolute' on Treaty Principles Bill stance - minister". 1 News . 28 April 2024. Archived from the original on 28 April 2024. Retrieved 7 June 2024.
  2. 1 2 Daalder, Mark (24 November 2023). "Which policies survived the negotiations – and which didn't". Newsroom . Archived from the original on 24 November 2023. Retrieved 10 June 2024.
  3. 1 2 3 Sherman, Maiki (24 March 2022). "ACT Party wants referendum on co-governance with Māori". 1 News . TVNZ. Archived from the original on 27 January 2023. Retrieved 27 January 2023.
  4. 1 2 Forbes, Mihirangi (29 March 2022). "Act Party – rewrites Te Tiriti interpretation". Newshub . Warner Bros. Discovery New Zealand. Archived from the original on 27 January 2023. Retrieved 27 January 2023.
  5. ↑ McConnell, Glenn (10 October 2022). "ACT increases 'co-governance' focus, says Treaty referendum a 'bottom line'". Stuff . Archived from the original on 14 January 2023. Retrieved 28 January 2023.
  6. ↑ "Watch: Christopher Luxon, new ministers sworn in at Government House". Radio New Zealand . 27 November 2023. Archived from the original on 27 November 2023. Retrieved 27 November 2023.
  7. ↑ "New government plans to review Treaty of Waitangi principles". Radio New Zealand . 24 November 2023. Archived from the original on 24 November 2023. Retrieved 10 June 2024.
  8. 1 2 3 Pearse, Adam (19 January 2024). "Leaked ministry advice suggests proposed Treaty Principles Bill 'highly contentious'". The New Zealand Herald . Archived from the original on 20 January 2024. Retrieved 22 January 2024.
  9. ↑ Hurihanganui, Te Aniwa (16 January 2024). "More details emerge from Luxon's meeting with Māori King". 1 News . TVNZ. Archived from the original on 16 January 2024. Retrieved 18 January 2024.
  10. ↑ "Government confirms leaked document was a ministry Treaty Principles bill memo". RNZ . 19 January 2024. Archived from the original on 16 April 2024. Retrieved 10 June 2024.
  11. 1 2 "ACT launches Treaty Principles Bill information campaign". Radio New Zealand . 7 February 2024. Archived from the original on 7 February 2024. Retrieved 7 February 2024.
  12. 1 2 "Treaty Principles Bill" . Retrieved 5 April 2024.
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