NZ Media Watch

What are the Treaty Principles?

Why are we debating the Treaty?
We're not. We're discussing the Treaty Principles that were invented in The Treaty of Waitangi Act 1975. In the Act, it mentions Treaty Principles that were never identified/codified into law because the Act was poorly written.

Why are the Principles a problem?
The inclusion of the Principles in the State-Owned Enterprises Act 1986 led to a Court of Appeal case that forced the Court to define the Treaty principles. Their judgements did not codify the Principles but their interpretations, such as "The relationship is ‘akin to partnership between the Crown and Māori people’" have been used to gain assets and rights that weren't given in Te Tiriti o Waitangi.

What are the Principles?
The Government created Principles in 1989 to guide its actions on matters relating to the Treaty:

1. The Government has the right to govern and make laws. (The kāwanatanga principle)
2. Iwi have the right to organise as iwi, and, under the law, to control their resources as their own. (The rangatiratanga principle)
3. All New Zealanders are equal before the law.
4. Both the Government and iwi are obliged to accord each other reasonable cooperation on major issues of common concern.
5. The Government is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation can occur.’

However, the Courts and the Waitangi Tribunal also created it's interpretation of the Principles:

1. The principle of partnership
2. The principle of reciprocity
3. The principle of mutual benefit
4. The duty to act reasonably, honourably and in good faith
5. The duty to make informed decisions
6. The principle of active protection
7. The principle of redress

Confused? It's a mess because now there is 50 years of legal and aspiration organisational interpretation based on things not even to do with Te Tiriti o Waitangi that New Zealanders never had a say in.

Why Act's Treaty Principles Bill?
The Government has the right to create laws. If it creates new Treaty Principles laws that specify what the Principles are, based on the actual Treaty, then those laws have to be followed. However, this really scares Maori organisations that have had settlements because those settlements could be challenged. For example, nowhere in Te Tiriti o Waitangi do Māori have rights to fisheries above and beyond other New Zealanders.

To avoid the legal challenges, NZ First says it won't support the Bill and will remove Treaty clauses from legislation. This stops the "gravy train" but gives no opportunity to challenge previous decisions. National says it won't support the Bill at all. It's scared. Māori activists, and their allies, try to avoid the issue by cancelling the Bill before it starts so Kiwis can't learn the truth.

Maori Activist Propaganda

1. First they tried to cancel the Bill by saying the Treaty was being changed
2. Then they accused the Government of being racist
3. Then they tried to cancel the Bill by saying it was decisive and costly

2024-01-19:
"It's an attack on the rights that were promised to us under Te Teriti" - Tukoroiangi Morgan (Waikato Maori)
"There's no question about this. this is an attempt to abolish the Treaty of Waitangi" - Margaret Mutu (Auckland University)

2024-01-20:
"Maori will not let, the undermining of the Treaty go anyway, ahead" - Marama Davidson (Green Party Co-leader)
"The Treaty of Waitangi is under threat" - Te Aniwa (TV1 News)
"We'll F*** smash them. How dare they think that they can, ya know. Take the Treaty apart. Nobody's been ever able to do it before and these bastards won't be able to do it now" - Hone Harawira (Activist)

2024-01-23:
"He's allowed for people like Act and NZ First to push a very racist, white supremacist, agenda" - Rawiri Waititi (Te Pati Maori)

2024-01-24:
"The policies of this current Government, foster, encourage, and enable racism in New Zealand" - Chris Hipkins (Labour Leader)

2024-01-27:
"It sends a message to Maori that Christopher Luxon is not going to listen to Maori. He is OK with his ministers attacking Maori" - Margaret Mutu (Auckland University)