The New Zealand government is proceeding with plans to draft a bill that aims to redefine the country’s founding document, te Tiriti o Waitangi/the Treaty of Waitangi, despite significant opposition from official channels. Associate Justice Minister David Seymour, leader of the ACT New Zealand Party, who secured support for the Treaty Principles Bill in the government’s coalition agreement last November, announced that the cabinet has approved the policy’s development and intends to introduce it to Parliament later this year.
The Treaty Principles Bill aims to replace the existing principles of the Treaty, which were initially established by New Zealand’s parliament in the Treaty of Waitangi Act 1975 and subsequently clarified by courts and the Waitangi Tribunal. Signed in 1840, the Treaty created a power-sharing arrangement between the British Crown and the Māori, New Zealand’s Indigenous people.
The proposed new principles are:
- Civil Government: Full governing authority resides with the Government of New Zealand and Parliament, which act in accordance with rule of law and democratic principles.
- Rights of Hapū and Iwi Māori: Recognition and protection of rights held by Hapū and Iwi at the Treaty signing, as specified by legislation, settlements, or agreements with the Crown.
- Right to Equality: Equal protection and benefit of the law for all, with fundamental human rights free from discrimination.
However, the Ministry of Justice’s official advice, released concurrently, criticizes the proposed principles for being inconsistent with te Tiriti. The Ministry recommends maintaining the status quo to preserve the relationship between the government and Māori. Legal academic Luke Fitzmaurice-Brown (Te Aupōuri) noted that this legislation would radically alter the Treaty’s legal and constitutional status, effectively erasing it.
Additionally, the Waitangi Tribunal recently called for the abandonment of the bill, and coalition partners—the New Zealand National Party and New Zealand First—have indicated they will not support the bill past its first reading in Parliament, which could signal the policy’s imminent end.
A draft version of the Treaty Principles Bill is expected to be completed by October 9th.
You can find further details on this evolving situation here.