Treaty Principles Bill would burn down NZ’s constitutional origins

Sunday, 17 November 2024

Helmut Modlik is the chief executive officer of Te Rūnanga o Toa Rangatira.

OPINION: Thursday was an historic day in Parliament, in more ways than one. First, it saw the first reading of David Seymour’s Treaty Principles Bill, and second, it saw the first haka on the floor of the House by Members of Parliament. I doubt it was the first time a Speaker of the House looked apoplectic, but that happened too!

Seymour’s Bill seeks to redefine Treaty principles long-established by our courts to three new ones: the Government has the power to govern, everyone is equal before the law, and hapū and iwi are afforded different rights only if agreed through Treaty settlements. So what’s wrong with that?

PM Christopher Luxon addresses Treaty Principles Bill before heading to Apec.

First, Te Tiriti o Waitangi, like all treaties, is between more than one party. Seymour wants to change its provisions without both parties’ agreement. His response is to say it’s up to New Zealanders to decide. I’m sure that wouldn’t be his answer if he bought a house and after cashing the cheque, the vendor decided to keep the money and still live in the house. Would Seymour say, “let’s have a vote?” I don’t think so.

Second, his principles only bear a passing resemblance to the actual words in Te Tiriti, while missing key bits. Now don’t get me wrong, it’s not that I don’t like his proposed principles, it’s just that they don’t reflect what the Treaty actually says.

The biggest problem for Seymour’s Bill is it ignores the right to self-determination guaranteed to Māori tribes. He doesn’t have a problem with dual citizens from the UK or USA living here with rights additional to their NZ citizenship. But the “citizens” of sovereign tribes of this land having additional rights is unacceptable, even though they have been formally acknowledged, signed and breached for 184 years. His answer? Let’s vote.

I could go on. This week, the list of people who say Seymour’s Bill is nonsense grew to include 42 of the country’s leading legal minds, the Human Rights Commission, the Anglican Church, and even the prime minister. God bless them all!

Te Pāti Māori MPs perform a haka during the first reading of the Treaty Principles Bill.

Best of all on Thursday though, were the speeches from the King’s Opposition. Highlights were Willie Jackson, booted from the chamber for unrepentantly calling Seymour a liar (though to be fair he shared that message on behalf of others); Rawiri Waititi, who after roundly condemning the Bill and its author, finished by saying “see you next Tuesday”; Chlöe Swarbrick and Dr Duncan Webb, whose critique of the deceit and constitutional vandalism proposed in the Bill was impressive.

The undoubted highlight though (or lowlight depending on your view) was Hana-Rāwhiti Maipi-Clarke issuing a spirited challenge to the legitimacy of the Bill by calling to the House in the first language of this land, rejecting the Bill while tearing it asunder, and crying to those assembled the immortal words of challenge – “Ka mate, ka mate, ka ora, ka ora” – “Tis death, tis death, tis life, tis life!” This of course is when all hell broke loose.

Seymour’s Bill seeks to burn down the house of New Zealand constitutional origins with the truths and rights associated with it. He has a libertarian vision that doesn’t permit those origins and rights, and ignores reality.

Seymour says we should all be equal before the law, and he is right. We should all enjoy equal human rights. That doesn't mean we’re all the same though. All 16-year-olds can’t vote, but all 18-year-olds can. All 70-year-olds get super, but all 60-year-olds don’t. All dual citizens get the rights of both nations, but all single-nation citizens don’t.

Why was everyone so upset at what happened at Parliament? For the defenders of Parliament protocol, it’s about respect for the rules. For those performing the haka, the first rules of this nation were agreed in Te Tiriti, and if they can’t be honoured, then who cares about your protocols.

One thing’s for certain, the genie of Māori self-determination is now out of the bottle thanks to Seymour and his Bill. His legacy will be catalysing the unification of our people and nation, just not in the way he imagined.

What do you think? Email sundayletters@stuff.co.nz. Please include your full name and address.