Background

The Principles of the Treaty of Waitangi Bill implements the Government policy to introduce a Treaty Principles Bill, based on existing ACT Party policy, and to support it to a select committee.

Parliament introduced the concept of the Treaty principles into legislation in the Treaty of Waitangi Act 1975.

The four-page Treaty Principles Bill has been introduced and had its first reading in Parliament mid November.

All parties other than ACT have committed to voting the bill down at the second reading after it has been to select committee, which would stop it from passing into law.

The bill states it would set out the principles of the Treaty of Waitangi in legislation, and requires those principles to be used when interpreting legislation, where relevant.

Tribunal's findings

The Tribunal's second report on the bill found that:

• The Crown's process to develop the Bill has purposefully excluded any consultation with Māori, breaching the principle of partnership, the Crown's good-faith obligations, and the Crown's duty to actively protect Māori rights and interests
• This policy process is in breach of the principle of good government, as Cabinet has decided to progress the Bill despite it being a policy that is not evidence-based, has not been adequately tested, has not been consulted upon, and fails regulatory standards
• The proposed content of the Bill does not reflect the texts or meaning of the Treaty/te Tiriti
• Principle 1 misinterprets the kāwanatanga granted to the Crown in 1840, which is not an unbridled power restrained only by its own sense of what is in the best interests of everyone
• Cabinet's approval of Principle 2 for introduction in a Bill was found to be a breach of the principles of tino rangatiratanga, kāwanatanga, partnership, and active protection
• Principle 2, if enacted, would revoke the promises and guarantees the Queen made to Māori in 1840
• Principle 3 bears no resemblance to the meaning of article 3 and that Cabinet's decision to introduce the principle in a Bill was a breach of the Treaty/te Tiriti principles of partnership, equity, and active protection
• These breaches caused significant prejudice to Māori
• Māori would be particularly prejudiced by the extinguishment of tino rangatiratanga in a legal sense if the Bill were to be enacted
• The new principles would advance the discredited agenda of assimilation, as they are designed to end the distinct status of Māori as the indigenous people of this country
• Even if the Bill were not enacted, Cabinet's decision to introduce the Bill would prejudice Māori by further damaging the Māori-Crown relationship, and Māori would feel the brunt of the social disorder and division, including through the select committee process.
• If the Government does not abandon the Bill, the Tribunal recommended that, given the constitutional significance of the issue, the Bill be referred to the Tribunal under section 8(2) of the Treaty of Waitangi Act 1975

Position Statement

This Bill is going to select committee for a six-month public hearing process in early 2025. MA has an opportunity to be heard.

MA Draft Submission

If you wish to feed into our position email us now or create your own submission. The number of submissions count, so have your say.

Public submissions close 11.59pm 7 January 2025

Documents

Principles of the Treaty of Waitangi Bill

MA Draft Submission

FAQ's

Make a Submission Here (Parliament.nz)

Read an explainer about the bill here (RNZ News)