The Act Party's proposed Treaty Principles Bill is "little more than a politically motivated attack on perceived 'Māori privilege'", and would "drastically alter" the meaning of the Treaty, according to the Waitangi Tribunal.
Its highly-anticipated interim report into the policy has been released today, following an urgent inquiry in May.
The findings are damning, and include that the the Bill "risks destroying the very foundation of the constitutional arrangements of this country".
The Tribunal also said it was unfair, discriminatory, poorly designed and had been pursued "without any engagement or discussion with Māori”.
It had recommended the bill be abandoned, and the the treaty clause review - which is part of National's coalition agreement with NZ First - be put on hold while it is re-conceptualised.
The Treaty Principles Bill is part of Act’s coalition agreement with National, and seeks to define the ‘principles’ of the Treaty of Waitangi, based on Act's interpretation of the Treaty's Māori text.
National has only agreed to support the bill at its first reading. Without further support, it's highly unlikely the bill could progress past the select committee process.
David Seymour (Source: Getty)
According to the party's website, the principles had never been defined in law, and should be something all New Zealanders had a say in.
Act believed the principles should be defined as:
- Article 1: “kawanatanga katoa o o ratou whenua” – the New Zealand Government has the right to govern all New Zealanders.
- Article 2: “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: “a ratou nga tikanga katoa rite tahi” – all New Zealanders are equal under the law with the same rights and duties.
But the Tribunal raised major concerns with this interpretation.
It said the party was "substituting existing Treaty principles" with propositions that bared "no resemblance to the text or spirit of the Treaty."
Its report also said the policy was a "solution to a problem that does not exist".
During its inquiry, the Tribunal heard evidence from officials at the Ministry of Justice.
"The Ministry said the existing principles had been developed over 35 years of jurisprudence and by the actions of previous governments, so there was already a ‘degree of certainty’", the report said.
“It is being pursued in the face of clear advice from officials that it will breach the Crown’s Treaty/te Tiriti obligations, damage the Māori–Crown relationship, and risk undermining social cohesion.”
The Waitangi Tribunal's recommendations include:
- that the Treaty Principles Bill policy should be abandoned.
- that the Crown should constitute a Cabinet Māori–Crown relations committee that has oversight of the Crown’s Treaty / te Tiriti policies
- that the Treaty clause review policy be put on hold while it is re-conceptualised through collaboration and co-design engagement with Māori.
- that the Crown consider a process in partnership with Māori to undo the damage to the Māori–Crown relationship and restore confidence in the honour of the Crown.
In a statement, Seymour said he welcomed the Waitangi Tribunal's contribution to the debate about the principles.
“We need a national conversation about our founding document. Are there are two classes of New Zealanders in partnership, each with different rights? Or are we a modern democracy where all citizens have equal rights? I look forward to having that discussion over the next several months.
“My fundamental question is this: where are the successful societies that treat people differently based on their ancestry? Many of the worst events in history came from treating humans based on their membership of a group.
“If the Treaty is a partnership between the Crown and only Māori, what is the place of a non-Māori child born today? Are they born into second class citizenship where some public positions are not available to them because they have the wrong ancestors?
“New Zealand can have a bright future, but it requires casting off the divisive notion that the Treaty is a partnership between two classes of New Zealanders each with different rights.
Analysis: Do Treaty principles give Māori too much power – or not enough?
We've heard a lot about the Treaty "principles" since the election. But what they are and how they should be interpreted in law remain open to contest.
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Waitangi: David Seymour explains stance on Treaty Principles Bill
The ACT leader was grilled on Q+A about his contentious legislation to review the role of the Treaty of Waitangi.
Tue, Feb 6
“It is not only untrue, it is incompatible with the fundamental democratic value that all citizens are equal under the law."
A 1News poll in February found 52% of New Zealanders were not confident in their understanding of the principles of the Treaty of Waitangi.
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