Legal experts and Māori advocates say the fight to protect Te Tiriti is only just beginning — as the controversial Treaty Principles Bill is officially killed in Parliament.

The bill — which seeks to redefine the principles of Te Tiriti o Waitangi — sparked a nationwide hīkoi and received more than 300,000 written submissions — with 90 percent of submitters opposing it.

Parliament confirmed the voting down of the bill yesterday, with only ACT supporting it proceeding further.

The ayes were 11, and the noes 112.

Riana Te Ngahue, a young Māori lawyer whose bite-sized breakdowns of complex issues — like the Treaty Principles Bill — went viral on social media, said she was glad the bill was finally gone.

“It’s just frustrating that we’ve had to put so much time and energy into something that’s such a huge waste of time and money. I’m glad it’s over, but also disappointed because there are so many other harmful bills coming through — in the environment space, Oranga Tamariki, and others.”

Most New Zealanders not divided
Te Ngahue said the Justice Committee’s report — which showed 90 percent of submitters opposed the bill, 8 percent supported it, and 2 percent were unstated in their position — proved that most New Zealanders did not feel divided about Te Tiriti.

“If David Seymour was right in saying that New Zealanders feel divided about this issue, then we would’ve seen significantly more submissions supporting his bill.

“He seemed pretty delusional to keep pushing the idea that New Zealanders were behind him, because if that was true, he would’ve got a lot more support.”

However, Te Ngahue said it was “wicked” to see such overwhelming opposition.

“Especially because I know for a lot of people, this was their first time ever submitting on a bill. That’s what I think is really exciting.”

She said it was humbling to know her content helped people feel confident enough to participate in the process.

“I really didn’t expect that many people to watch my video, let alone actually find it helpful. I’m still blown away by people who say they only submitted because of it — that it showed them how.”

Te Ngahue said while the bill was made to be divisive there had been “a huge silver lining”.

“Because a lot of people have actually made the effort to get clued up on the Treaty of Waitangi, whereas before they might not have bothered because, you know, nothing was really that in your face about it.”

“There’s a big wave of people going ‘I actually wanna get clued up on [Te Tiriti],’ which is really cool.”

‘Fight isn’t over’
Māori lawyer Tania Waikato, whose own journey into social media advocacy empowered many first-time submitters, said she was in an “excited and celebratory” mood.

“We all had a bit of a crappy summer holiday because of the Treaty Principles Bill and the Regulatory Standards Bill both being released for consultation at the same time. A lot of us were trying to fit advocacy around summer holidays and looking after our tamariki, so this feels like a nice payoff for all the hard mahi that went in.”

She said the “overwhelming opposition” sent a powerful message.

“I think it’s a clear message that Aotearoa as a whole sees Te Tiriti as part of this country’s constitutional foundation. You can’t just come in and change that on a whim, like David Seymour and the ACT Party have tried to do.

“Ninety percent of people who got off their butt and made a submission have clearly rejected the divisive and racist rhetoric that party has pushed.”

Despite the win, she said the fight was far from over.

“If anything, this is really just beginning. We’ve got the Regulatory Standards Bill that’s going to be introduced at some point before June. That particular bill will do what the Treaty Principle’s Bill was aiming to do, but in a different and just more sneaky way.

‘The next fight’
“So for me, that’s definitely the next fight that we all gotta get up for again.”

Waikato, who also launched a petition in March calling for the free school lunch programme contract to be overhauled, said allowing the Treaty Principles Bill to get this far in the first place was a “waste of time and money.”

“Its an absolutely atrocious waste of taxpayers dollars, especially when we’ve got issues like the school lunches that I am advocating for on the other side.”

“So for me, the fight’s far from over. It’s really just getting started.”

ACT Party leader David Seymour continued to defend the Treaty Principles Bill during its second reading on Thursday, and said the debate over the treaty’s principles was far from over.

After being the only party to vote in favour of the bill, Seymour said not a single statement had grappled with the content of the bill — despite all the debate.

Asked if his party had lost in this nationwide conversation, he said they still had not heard a good argument against it.

‘We’ll never give up on equal rights.”

He said there were lots of options for continuing, and the party’s approach would be made clear before the next election

“It’s been a lot of work to get to this point, but we feel like this is a very good day for our country.”

At the end of the hīkoi mō Te Tiriti, ActionStation co-delivered a Ngāti Whakaue rangatahi led petition opposing the Treaty Principles Bill, with more than 290,000 signatures — the second largest petition in Aotearoa’s history.

They also hosted a live watch party for the bill’s second reading on Facebook, joined by Te Tiriti experts Dr Carwyn Jones and Tania Waikato.

Hartendorp said it was amazing to see people from all over Aotearoa coming together to reject the bill.

“It’s no longer a minority view that we should respect, but more and more and more people realise that it’s a fundamental part of our national identity that should be respected and not trampled every time a government wants to win power,” she said.

Looking to the future, Hartendorp said Thursday’s victory was only one milestone in a longer campaign.

Why people fought back
“There was a future where this bill hadn’t gone down — this could’ve ended very differently. The reason we’re here now is because people fought back.

“People from all backgrounds and ages said: ‘We respect Te Tiriti o Waitangi.’

“We know it’s essential, it’s a part of our history, our past, our present, and our future. And we want to respect that together.”

Hartendorp said they were now gearing up to fight against essentially another version of the Treaty Principles Bill — but on a local level.

“In October, people in 42 councils around the country will vote on whether or not to keep their Māori ward councillors, and we think this is going to be a really big deal.”

The Regulatory Standards Bill is also being closely watched, Hartendorp said, and she believed it could mirror the “divisive tactics” seen with the Treaty Principles Bill.

“Part of the strategy for David Seymour and the ACT Party was to win over the public mandate by saying the public stands against Te Tiriti o Waitangi. That debate is still on,” she said.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Members of the King’s Counsel, some of New Zealand’s most senior legal minds, say the controversial Treaty Principles Bill “seeks to rewrite the Treaty itself” and are calling on the prime minister and the coalition government to “act responsibly now and abandon” it.

More than 40 KCs have written to the prime minister and attorney-general outlining their “grave concerns” about the substance of the Treaty Principles Bill and its wider implications for the country’s constitutional arrangements.

The bill is set to have its first reading in the House on Thursday, and has led to nationwide protests, with Prime Minister Christopher Luxon himself calling it “divisive”.

Its architect, ACT leader David Seymour, has said the purpose is to provide certainty and clarity and to “promote a national conversation about their place in our constitutional arrangements”.

“I can see why they don’t like the Treaty Principles Bill. Everyone gets a say, even if you’re not a KC,” Seymour said in a statement.

“The debate over the Treaty has until this point been dominated by a small number of judges, senior public servants, academics, and politicians.”

He said the select committee process would finally “democratise” the debate.

Co-governance, ethnic quotas
“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.

“The Treaty Principles Bill provides an opportunity for New Zealanders — rather than the courts and the Waitangi Tribunal — to have a say on what the Treaty means. Did the Treaty give different rights to different groups, or does every citizen have equal rights? I believe all New Zealanders deserve to have a say on that question,” Seymour said.

The senior members of the independent bar view the introduction of the bill (and the intended referendum) as “wholly inappropriate as a way of addressing such an important and complex constitutional issue”.

The letter states the existing principles (including partnership, active protection, equity and redress) are “designed to reflect the spirit and intent of the Treaty as a whole and the mutual obligations and responsibilities of the parties”. They say the principles now represent “settled law”.

The letter said the coalition’s bill sought to “redefine in law the meaning of te Tiriti, by replacing the existing ‘Treaty principles’ with new Treaty principles which are said to reflect the three articles of te Tiriti”.

The lawyers say those proposed principles do not reflect te Tiriti, and, by “imposing a contested definition of the three articles, the bill seeks to rewrite the Treaty itself”.

The Treaty Principles Bill, they say, would have the “effect of unilaterally changing the meaning of te Tiriti and its effect in law, without the agreement of Māori as the Treaty partner”.

Historical settlements
The proposed principle 2 “retrospectively limits Māori rights to those that existed at 1840”, they said, and the bill states that “if those rights ‘differ from the rights of everyone’, then they are only recognised to the extent agreed in historical Treaty settlements with the Crown”.

The lawyers said that erased the Crown’s Article 2 guarantee to Māori of tino rangatiratanga.

“By recognising Māori rights only when incorporated into Treaty settlements with the Crown, this proposed principle also attempts to exclude the courts, which play a crucial role in developing the common law and protecting indigenous and minority rights.”

They also explained the proposed principle 3 did not “recognise the fundamental Article 2 guarantee to Māori of the right to be Māori and to have their tikanga Māori (customs, values and customary law) recognised and protected in our law”.

They said it was not for the government of the day to “retrospectively and unilaterally reinterpret constitutional treaties”.

“This would offend the basic principles which underpin New Zealand’s representative democracy.”

They added that the bill would cause significant legal confusion and uncertainty, “inevitably resulting in protracted litigation and cost”, and would have the “opposite effect of its stated purpose of providing certainty and clarity”.

In regards to the wider process and impact of the bill, they pointed to a lack of meaningful engagement as well as the finding by the Waitangi Tribunal that the Bill was a breach of the Treaty.

The ACT Party has long argued the original articles have been interpreted by the courts, the Waitangi Tribunal and successive governments — over decades — in a way that has amplified their significance and influence beyond the original intent.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

New Zealand Prime Minister Christopher Luxon has been warned that Māori will not sit by without a fight if the government attempts to meddle with te Tiriti o Waitangi.

As politicians of all stripes have flocked to Rātana near Whanganui, it was a rare chance for Māori to address politicians directly on the pae — something that holds extra weight this year, because the annual celebrations come so soon after last weekend’s national hui.

Among those in attendance were Labour and Green MPs, Prime Minister Luxon, Deputy Prime Minister Winston Peters, and Fisheries Minister Shane Jones, while Te Pāti Māori were welcomed on Tuesday. ACT did not have a representative there.

Rāhui Papa, a representative of the Kiingitanga and Waikato-Tainui, said they were watching the rhetoric coming out of the Beehive very closely.

“Quite frankly, te iwi Māori — and the hui at Turangawaewae confirmed, the hui here at Rātana has confirmed — that if there is any measure of meddling with Te Tiriti o Waitangi, Māori will not sit idly by.

“The message is: The Tiriti o Waitangi is sacrosanct in the view of te ao Māori. We truly believe that the only treaty in town is the one that was written in the indigenous language.”

Amid a climate of concern over the Treaty Principles legislation, Luxon is calling for calm over a bill he himself has said feels divisive.

Government ‘will honour the Treaty’
“The government has no plans and never has had plans to amend or revise the Treaty, or the Treaty settlements that we have all worked so hard together to achieve.

“The government will honour the Treaty.”

His speech to the Rātana faithful largely a speech to all Māori — and focusing on his favourite word: outcomes.

“Ours will be a government with goals for better healthcare, better school achievement, and less welfare dependency.

“When I talk about wanting better outcomes, I’m not talking about giving out hand-outs to close the gaps. I want to improve the opportunities so that people who are prepared to get to work and work hard, can make the most of their opportunities and get ahead.”

Ratana representative Kamaka Manuel told the government that promise of better outcomes was hard to believe.

“What we do see is the first part of the word ‘outcomes’ — or like ‘Māori out’ — and we’re left with the last part: ‘how come’.”

Māori outcomes ‘gone backwards’
He once again reiterated his claim that outcomes for Māori had gone backwards under Labour, and that National had “no intention and no commitment” to take ACT’s Treaty Principles Bill beyond a first reading.

There may be no commitment or intention at this point to do so, but Luxon has repeatedly refused to categorically rule out further support for it.

“It’s consistent with our coalition agreements, we have said and I don’t know how to be any clearer about it, there is no commitment to support it beyond the first reading.”

He was asked by reporters if he would say National would clearly say they would not support it further, but Luxon again said there was “no intention, no commitment”.

For a day full of politicians, Rātana is not supposed to be overtly political.

Deputy Prime Minister Peters acknowledged that — but still gave a political speech anyway — lashing out at Labour to pockets of heckling.

“These people will promise you a bridge where there is no river . . . I want to ask you this question: what’s their record?.”

impromptu standup
In an impromptu standup with reporters, NZ First’s Shane Jones said a review of the Waitangi Tribunal would need to address whether its powers should remain intact.

“An institution that’s been around for 50 years should not expect to continue on uncritically for another set of decades without being reviewed.”

Spurred on by speeches from the morehu, Labour’s Willie Jackson said it had made the opposition parties more united than ever.

“What they were saying the whaikōrero was that there was one enemy . . . and the enemy was the government, and so they wanted us to all . . . to come together as a group — Greens, Pāti Māori, Labour.”

Labour leader Chris Hipkins, in his first public appearance of the year, spent all of a minute talking about Labour’s deep connection to Rātana — and then went on the attack.

“The role of us as political leaders is to light that path forward, it’s not to exploit the fear that comes from uncertainty.”

Hipkins said the current government’s approach was emboldening racism, which he later clarified related to things like the Treaty Principles Bill.

Policies ‘enable racism’
“I don’t think those are things that a responsible government should do.

“The policies of this current government encourage, foster, and enable racism in New Zealand and we should call that out for what it is.”

This time last year, Hipkins was speaking as prime minister. He now admitted — from the benefit of hindsight — the last government didn’t get it all right.

“One of the things that we didn’t get right was that making sure we were bringing non-Māori New Zealanders along with us on that journey.”

There was a notable absentee — the ACT Party, whose Treaty Principles Bill National has agreed to support to Select Committee, but no further.

“We know there could have been some trepidation like last week at Turangawaewae where we only had a couple from the three-headed taniwha government that we have in New Zealand today,” Rāhui Papa said.

‘Dishonour’ to Māori world
Greens’ co-leader Marama Davidson told reporters that ACT’s no-show at Rātana was a display of “absolute ignorance” and a dishonour to the Māori world.

“It dismisses the mana and the importance of Ratana, of Wiremu Pōtiki Ratana, and te ao Māori and their political voice.”

But David Seymour was brushing off the criticism.

“There was a time when they didn’t manage to invite me and now they seem to be complaining that they’ve invited me but I haven’t come. I guess one day the stars will align.”

Seymour has never attended Rātana festivities, describing it as a “religious event”, but he will be attending Waitangi next month.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz