‘Highly contentious’: leaked ministry doc raises issues with Treaty Principles Bill

Friday, 19 January 2024

ACT Party leader David Seymour has hit out over a leaked Justice Ministry document about proposed Treaty Principles Bill, saying it’s both at-odds with the spirit of the Treaty of Waitangi, and its text.

He has claimed the public service is “knee deep” in a “twisted” interpretation of the document.

A leaked Ministry of Justice document, first reported on 1News and also shared on social media by Te Pāti Māori co-leader Rawiri Waititi, raises fundamental problems with the bill - an ACT Party policy in its coalition agreement with National.

Its author wrote: 'I expect the bill may be highly contentious. This is due to both the fundamental constitutional nature of the subject matter and the lack of consultation with the public on the policy development prior to Select Committee.

'The bill will also change the nature of the principles from reflecting a relationship akin to a partnership between the Crown and Māori to reflecting the relationship the Crown has with all citizens of New Zealand. This is not supported by either the spirit of the Treaty or the text of the Treaty.'

But Seymour said the meaning of the document has been “twisted to give different groups of people different rights”.

“New Zealanders were never consulted on this. We’re proposing a proper public debate on what the principles of the treaty actually mean, in the context of a modern multi-ethnic society with a place in it for all,” he said in a statement.

He also hit out at the public service.

“The public service has been knee deep in this interpretation so it’s not surprising its advice mirrors this. New Zealanders want a respectful debate on the constitutional future of our country and that’s what they’ve voted for.”

Race relations have long been a fraught political issue. Prime Minister Christopher Luxon, during last year’s election campaign, said he did not support a referendum on the Treaty, which ACT had proposed.

He said such a referendum would be divisive.

He has also poured cold water on the Bill, saying National would only support it to select committee stage. It needs support from more than 50% of Parliament to come into law.

Justice Minister Paul Goldsmith reiterated that promise on Friday.

Goldsmith, in a statement, said it was a draft document that Cabinet hasn’t seen or considered.

“The coalition agreement is clear that the Government will support the Bill on Treaty Principles to first reading. Christopher Luxon has been clear that National has no intention to support it beyond that.”

Te Pāti Māori has released one screenshot of the document. Waititi wrote that the document showed the Government’s “intentions to erase the Te Tiriti of Waitangi.

“Let this be fuel to your fire! See you Saturday!” he wrote.

Kīngi Tuheitia Pōtatau Te Wherowhero VII in December invited Māori to the hui at Turangawaewae Marae in Ngāruawāhia in the Waikato.

“It will also serve as an opportunity for us to assert our mana motuhake, as we make decisions for our future,” he wrote.