'Unhappy compromise': Coalition still at odds over contentious treaty bill

Saturday, 17 August 2024

on Waitangi Day government leaders were welcomed to the Waitangi Treaty Grounds with a powhiri.

Prime Minister Christopher Luxon has conceded the promise to introduce Act’s highly contentious Treaty Principles Bill is an unhappy compromise.

And he’s called a blistering report from the Waitangi Tribunal on the bill “premature” despite its recommendation for the Government to abandon its plans.

After an urgent hearing in May, the tribunal yesterday released its 224-page combined report on the bill and the policy to review all the references to the Treaty in legislation.

The Treaty Principles Bill - which is a promise inked into Act’s coalition deal - seeks to redefine how the Treaty is interpreted. The principles are not written down but have come to be understood as partnership, protection, tino rangatiratanga, redress and equity among others.

Act’s desire is to redefine those principles to be that the Government has the right to govern all New Zealanders, honour their chieftainship of their land and property and that all New Zealanders are equal. The principles would be enshrined in law after a binding referendum.

But the tribunal has called it unfair, discriminatory and said the interpretations were 'warped', 'inaccurate' and “fashioned on a disingenuous historical narrative”.

It said the bill distorted both the text and spirit of the Treaty and 'is a solution to a problem that does not exist'. It was very critical of the Crown pursuing the policy unilaterally without any engagement or discussion with Māori despite its constitutional obligations.

“Logically that means it is little more than a politically motivated attack on perceived ‘Maori privilege’ without any consideration of the Crown’s constitutional and Treaty/ te Tiriti obligations to Māori,” the tribunal said.

Act leader David Seymour says the government won’t drop the bill like the Waitangi Tribunal has recommended.

Act leader David Seymour, who is the architect of the bill as associate justice minister, defended his bill saying he believed it would prove to be “very popular” and a “fun debate”.

“Where are the successful examples of a society that succeeds when people have different rights based on ancestry? That's the question that I'm really looking forward to engaging with.”

Lady Tureiti Moxon, chief executive of Te Koohao Health, says the Treaty Principles Bill is ‘racist’ and wants it abandoned.

Chair of the National Urban Māori Authority, Lady Tureiti Moxon, is among those with an interest in the Wai 3300 inquiry and told The Post the bill was “destructive” and “racist”.

“They have decided that they're going to re-write history, re-write the treaty all on their own cognizance and they've decided that we don't exist.”

Te Pāti Māori and the Greens urged the prime minister to listen to the tribunal’s recommendation to kill the bill but Luxon said the Government was committed to supporting it to select committee.

As National leader, Luxon has promised to pull support beyond first reading meaning the bill has no path to getting to a referendum.

“As the National Party leader our position was we don't support it. As an Act Party leader David Seymour's position is that he would like to take it to a full referendum.

Prime Minister Christopher Luxon says the Treaty Principles Bill is ‘challenging’.

“We found a compromise through that that probably neither of us would be happy with,” Luxon said.

When asked whether he accepted the tribunal’s warning that the bill would damage the Crown’s relationship with Māori, Luxon said it was “challenging”.

“I'd just say I think it's a bit premature for the Waitangi Tribunal to come out in the way that it has today. We haven't had a Cabinet discussion about the Treaty Principles Bill.”

The bill will be presented to Cabinet next month then will be introduced to the House in early November. The public will be able to make submissions during the select committee process.

The tribunal also reviewed the Government’s plan to review all references to the Treaty in legislation - a promise made in the NZ First coalition deal.

It said that policy would reduce Māori access to justice which breached the Treaty’s principles of equity and redress.

“We have also found that, considered jointly, these policies are consistent with an alarming pattern of the Crown using the policy process and parliamentary sovereignty against Māori instead of meeting the Crown’s Treaty/ te Tiriti obligations.

“The combined impacts of the policies are or will be highly prejudicial to Māori.”