HONOUR

TE tiriti

What’s going on?

The Treaty Principles Bill introduced into parliament by ACT will have its first reading in mid-November. National and New Zealand First will both vote in support of the bill and will agree that the bill go to select committee for six months.

At this stage people can make submissions either in support or in opposition to the bill and suggest changes.

Christopher Luxon says he will “not support” the bill past select committee. This implies that National will vote against it at the second reading next year.

David Seymour reckons he can change the Prime Minister’s mind and that National will support the bill to become an Act of Parliament.

ACT wants to put the bill to a binding referendum before it becomes law, and are starting that process already.

What are the Treaty Principles?

These core principles have been recognised by the courts, in legislation, and in Waitangi Tribunal reports over the past 50 years:

Active protection

Article 2 of the treaty guarantees Māori can organise as iwi and manage their own resources within our government framework. Safeguarding a resource base, realising Māori aspirations, and actively protecting taonga are part of recognising tino rangatiratanga.

Equity

This requires the Crown to commit to achieving equitable outcomes for Māori, for example in health, education and employment. All New Zealanders are equal under the law, free from discrimination. Equity differs from equality. Equity is when everyone can benefit equally from living in Aotearoa New Zealand.

Mutual benefit

Tangata Whenua and Tangata Tiriti signed the Treaty/te Tiriti both expecting to benefit from the arrangement. Mutual benefit requires the needs of both partners to be met, and the rights and values of both to be honoured. Getting this balance right may involve some compromises.

Participation and options

The Crown accepted a duty to provide Māori with viable options to participate in ways that are appropriate for their needs and circumstances, along with access to mainstream services. For example social housing on a papakāinga model where a group of houses on whenua Māori work as a community under tikanga Māori (Māori way of doing things).

Partnership

The Treaty/te Tiriti is a contract between the Crown and rangatira Māori. Both have a duty to act fairly, reasonably, honourably and in good faith towards one another, and to cooperate on major issues of common concern.

Redress

The Crown has provided a process for the resolution of grievances. Where the Treaty principles have been broken, the Crown must recognise and make amends for the wrongdoing. This might mean an apology, or compensation, or the return of land or resources.

The bill is not what Aotearoa New Zealand needs

The principles are already well established

The principles reflect the spirit and intention of Te Tiriti/the Treaty, rather than the literal words. It’s necessary to think in terms of ‘principles’ , in part, because of the differences between te reo Māori and the draft English versions of Te Tiriti/the Treaty.

In 1975 the Waitangi Tribunal was set up to “provide for the observance, and confirmation, of the principles of the Treaty of Waitangi” and that’s what the Tribunal has been doing since then.

The Tribunal, courts and the government continue to clarify how Te Tiriti/the Treaty and the principles can be applied in real life situations, and how the intentions of the original document can work in our modern democracy.

We've been here before – and voted no

New Zealand has already said ‘No’ several times to a rewrite of the principles .

Don Brash and Winston Peters both tried to remove the principles in legislation.

In 2005 New Zealand First introduced the Principles of the Treaty of Waitangi Deletion Bill, which failed to pass the first reading. It was reintroduced in 2007 and failed at the second reading.

Minor parties are having an outsized sway

Only one in 12 people (8%) voted for ACT, and they don't have the public mandate to pass laws that will fundamentally alter the interpretation of our founding document.

ACT's bill lacks good faith

An agreement made in good faith between two parties can't be changed by just one of them. There has been little or no consultation with Māori, and any advice given by rangatira Māori and government officials has been ignored.

The bill is not based on Māori values, or even Pākehā values. It is based on the libertarian values of ACT, which champions individual rights over the rights and responsibilities of community and society.  The bill runs contrary to the universal values of fairness, unity, partnership, and promise keeping.

A mature discussion grounded in truthful information would be helpful. But that’s not what the bill is delivering.

Have your say

Join the growing movement to stop the Treaty Principles Bill. Fill out the form to send an email to your local MP encouraging them to vote NO!

If you don't know your electorate, you can find it here: Vote NZ

If you want to send an old-fashioned paper letter to an MP, it's free. Use this address:
‍Freepost Parliament,
Private Bag 18 888,
Parliament Buildings, Wellington 6160.

Send a message to your MP

Thank you! Your submission has been received!
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Other ways to take action

Kia kaha! More ways you can show your opposition to this bill:

Write to the PM

Write to the Prime Minister encouraging him to build on the actions of his predecessors in supporting our unique democracy based on Te Tiriti, and to vote against the bill.

You can write to the PM here:
Christopher.Luxon@parliament.govt.nz

Start a discussion

Start respectful discussions with friends, whānau and colleagues about the importance of Te Tiriti.

You don't have to be an expert. Just find common ground in shared values such as fairness, unity and belonging.

Discuss the negative impact the bill would have on our international reputation as a treaty-based, progressive country with a good human rights record.

Learn about Te Tiriti

Maybe you weren't taught much about the Te Tiriti at school. Now is a great time to upskill yourself and learn about the history of Aotearoa New Zealand.
You can start by looking at some Resources.

Take action

Join in peaceful activities or protests.

Add your name to petitions or letters calling for the Government to honour Te Tiriti and to vote NO to the Treaty Principles Bill.

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