Seymour accuses Waitangi Tribunal of ‘breaking’ trust over Treaty Principles Bill

Wednesday, 6 November 2024

ACT Party leader David Seymour has accused the Waitangi Tribunal of breaking the Government’s trust “again” and leaking that the Treaty Principles Bill would be introduced to the House by Thursday - about two weeks earlier than planned.

“It demands information from the Government, such as the date the Treaty Principles Bill is to be introduced to Parliament, but the information becomes public within hours of them knowing. Respect should go both ways,” he said in a statement.

The Government on Tuesday night decided it would introduce the contentious bill to the House this week. Parliamentarians will be debating it in the House next Thursday as it moves through its first reading, but Prime Minister Christopher Luxon won’t be in the country - he will be at the Apec summit in Peru.

Te Pāti Māori co-leader Rawiri Waititi has slammed the schedule change as an attempt to undermine the hikoi planned next week and due to finish at Parliament by November 19.

Waititi confirmed the hikoi - planned to start in the Te Kao community in the Far North on November 10 - will still go ahead.

He and co-leader Debbie Ngarewa Packer said Luxon should be in the country to “front for the voters”.

“There is no way this history is going to let National get away with distancing itself [over the legislation],” she said.

‘Highly contentious’

It is the latest leak regarding the controversial bill.

A document outlining substantive concerns with the bill, written by Ministry of Justice officials, was leaked to Waititi in January.

In it, they warned the “highly contentious” bill would “change the nature” of Treaty principles in a way that “is not supported by either the spirit of the Treaty or the text of the Treaty”.

The National-ACT coalition agreement includes the policy to “introduce” a Treaty Principles Bill, but Prime Minister Christopher Luxon has only promised the Government will support it to the select committee stage.

Ministers signed off on the details of the bill in September and Seymour has reiterated its proposed intention is to create certainty about what the Treaty principles are and how they apply in New Zealand law.

Cabinet agreed to the following paragraphs as guidance for the lawyers doing the final drafting of the Treaty Principles Bill.

1. Civil Government: The Government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society.

2. Rights of Hapū and Iwi Māori: The Crown recognises the rights that hapū and iwi had when they signed the Treaty. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in legislation, Treaty settlements, or other agreement with the Crown.

3. Right to Equality: Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.

Once the bill is introduced to Parliament, the select committee process will bring further scrutiny to the bill. It will also be an opportunity for the public to give feedback.

Green Party justice spokesperson Tamatha Paul has also called for the Government to “abandon” the bill.

“Te Tiriti forms the founding agreement Aotearoa was built upon. It provides the foundations for an enduring relationship between tangata whenua and tangata Tiriti that ensures everybody is looked after and nobody is left behind.

“Te Tiriti is permanent, Governments are temporary. Honouring the Treaty has to come before the honouring of coalition agreements.

‘The Māori–Crown relationship has already been damaged’

The Waitangi Tribunal on Tuesday night also released its its second interim report into the bill.

The Government has only committed to support the bill to select committee, which means there is no guarantee it will make it into law. But the tribunal warned it would still cause harm.

“Even if the bill is not enacted, Cabinet’s decision to introduce the bill (which is in breach of the Treaty/te Tiriti) would prejudice Māori.

The Māori–Crown relationship has already been damaged and would be further damaged, including by the select committee process which we fear could become a platform for racism and misinformation that would prejudice Māori,” it wrote.

“Māori will feel the brunt of the division and even social disorder that could ensue.”

Tens of thousands still expected at hikoi

Eru Kapa-Kingi, Toitū Te Tiriti Hīkoi organiser, said estimates of 50,000 people at the march would be underselling it.

“I think 50,000 is a conservative [estimate] if you're thinking about the amount of people that will be involved, from top to bottom … I think we’ll be well over that,” he said.

He also expected the huge surge in people in Wellington, on November 18

“We want to touch the and reach the wairua (spirit) of all of our people, and all people that live in Aotearoa, for whom Te Tiriti stands. Te Tiriti created a home, as an opportunity. It created a home here for all peoples, and … that's the truth that we're standing in throughout this hikoi.“