Australian politician Jacinta Price claims Waitangi Tribunal holds 'veto power' over New Zealand Government

Thursday, 27 April 2023

Senator Jacinta Nampijinpa Price has become a prominent voice against the Voice to Parliament referendum which seeks to recognise Australia’s First Nations peoples.

An Aboriginal senator has been called out after claiming the Waitangi Tribunal had veto powers over the New Zealand Government.

Country Liberal Party Northern Territories’ Senator Jacinta Nampijinpa Price made the comments while appearing at a debate in early April on the Voice to Parliament referendum, which aims to recognise Aboriginal and Torres Strait Islander peoples in the Constitution.

The Voice will take the form of an independent body which will be able to advise the Australian Parliament and Government on the views of Australia’s indigenous people.

Price made the erroneous claim about the Waitangi Tribunal during The Voice to Parliament debate to support her argument against the motion that “The Voice to Parliament is needed to address indigenous matters”.

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During the debate, Price said a “Māori woman” had travelled to Australia to share a warning about what The Voice could mean.

“She understands on the ground in New Zealand as to the outcomes of, certainly the Waitangi Tribunal, which is now in place and the way in which they have veto power over the New Zealand Government…”

Chris Finlayson said Price was wrong to say the Waitangi Tribunal had veto powers over the Government.

Price said that veto power extended to the Covid-19 vaccination rollout, claiming the Waitangi Tribunal had successfully encouraged the Government to let young Māori have the jab before elderly non-Māori.

Her comments were later shared on the TikTok account auspolmemes.

Barrister and former Treaty negotiations minister Chris Finalyson said Price was wrong as the Waitangi Tribunal did not have any form of veto over the Government.

He said the Waitangi Tribunal could make non-binding recommendations with limited mandatory jurisdiction in relation to forestry and state-owned land.

However, Finlayson did not believe Price’s comments would have too much of an impact on anything.

“She hasn't bothered to check the correct position with people who know, she's proceeding on the basis of complete ignorance.”

He was equally blunt in his assessment of Price’s comments regarding the vaccine rollout.

“I have no idea what she's talking about. I think she's in cloud-cuckoo-land, which is probably where she likes to exist anyway.”

Professor Margaret Mutu said bringing a claim to the Waitangi Tribunal required huge amounts of evidence.

Margaret Mutu, professor of Māori studies and chairperson of Te Runanga-a-Iwi O Ngāti Kahu, said the Waitangi Tribunal had power to make recommendations, but those were often ignored anyway.

To bring a claim to the Waitangi Tribunal required people to gather huge amounts of evidence, often more than would be needed in a court setting, she said.

On the basis of that evidence, the tribunal had upheld thousands of claims since its inception in 1975, but could only offer recommendations on how to resolve them.

The Waitangi Tribunal could make comments on proposed legislation, but only in cases where it was asked to by the Crown, Mutu (Ngāti Kahu, Te Rarawa, Ngāti Whātua) said.

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“It’s a bare-faced lie to say that the Waitangi Tribunal has veto powers – it doesn't.”

The Waitangi Tribunal did inquire into the Covid-19 vaccine rollout, and found it was not being run equitably for Māori, said Mutu.

Its findings were laid out in a 144-page report released in December 2021 called ‘Haumaru: The Covid-19 Priority Report.’

Advice about introducing a 15-year age band adjustment is mentioned in the report which describes a recommendation to Cabinet in March 2021 from the-then director-general of health, Dr Ashley Bloomfield.

“Cabinet’s decision to reject advice from its own officials to adopt an age adjustment for Māori in the age-based vaccine rollout breached the Treaty principles of active protection and equity,” the report said.

Mutu said any change to the vaccination rollout following that arose out of embarrassment, rather than pressure from the tribunal.

“It was not that the Waitangi Tribunal forced them to do anything. Because they didn't,” she said.

“They just simply recommended that they stop the racism and that they delivered the vaccination in a manner that was accessible to Māori …”

Independent researcher and retired professor Dr Rawiri Taonui (Ngāpuhi, Ngāti Maniapoto) said pressure was put on the Government to change the vaccination rollout, but it did not come from the Waitangi Tribunal.

“There was pressure from the Iwi Chairs Forum Pandemic Response group. There was pressure coming in from people like Waipareira Trust and lots of medical experts…” he said

Calls from these groups to have an age-staggered rollout centred on the fact that Māori were more vulnerable to Covid-19, said Taonui, who emphasised the tribunal did not enact any kind of veto.

Senator Price declined to comment.