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Monday, January 22, 2024

Sandra Goudie: Treaty of Waitangi

The Treaty does not need to be re-visited and nor is there any need for Treaty Principles.

What the government needs to do is honour the Treaty by ensuring we are all treated equally in the law.

That means wherever there is reference to the Treaty of Waitangi in law, the wording must be changed to reflect fact. Ergo, we must ‘have regard to the Treaty of Waitangi’ and not the words, ‘have regard to the Principles of the Treaty of Waitangi’ since none have been established. All legislation/regulation should be amended accordingly.

Given that we must all be treated equally in law, as established in the first instance by Queen Victoria’s Royal Charter 1840, and confirmed by the Treaty of Waitangi, any deviation from that premise must be highlighted with clear reasons for the deviation, and open to a full public consultation process. This should apply for the promulgation of both legislation and regulation.

It is the duty of parliament as stated in the Cabinet Manual, through the Attorney General, to uphold the rule of law.

One example of a classic breach of the Treaty of Waitangi by the government which has been occurring for some time is where law is being established that gives greater precedence to maori for consultation. Why?

If the Treaty of Waitangi accords maori all rights of British subjects (citizens of New Zealand), then surely we must all have the same rights.

The first real constitutional document was Queen Victoria’s Royal Charter of 1840 establishing New Zealand as a separate British Colony and instituting a government for New Zealand for the protection of all its peoples.

Sandra Goudie is a retired Mayor and former Member of Parliament.

8 comments:

Anonymous said...

>One example of a classic breach of the Treaty of Waitangi by the government which has been occurring for some time is where law is being established that gives greater precedence to maori for consultation. Why?

Good point.

Anonymous said...

'They' used to say "honour the treaty" until 'They' found out what it meant.

As you say there are no principles.

Spot on Sandra.

Kawena said...

King Tuheitia stated in his speech that there are no principles in the Treaty of Waitangi, but failed to state that neither are there any partnerships! How can we have a partnership when we are one (1) people? I asked this question years ago, but no one, not even our academitions (commos?), have answered it. Maybe there is no answer to it!
Kevan

Anonymous said...

“If the Treaty of Waitangi accords Maori all rights of British subjects (citizens of New Zealand), then surely we must all have the same rights.” (Correct)
“The first real constitutional document was Queen Victoria’s Royal Charter of 1840 establishing New Zealand as a separate British Colony and instituting a government for New Zealand for the protection of all its people under one flag, one law, irrespective of race colour or creed.” (Correct)
All this known in 1840.

“It is the duty of parliament as stated in the Cabinet Manual, through the Attorney General, to uphold the rule of law”. (You would hope so as they are paid public servants representing ALL the people of New Zealand as stated in the 1840 Te Tiriti o Waitangi and Queen Victoria’s 1840 Royal Charter/Letters Patent)

So why the apartheid 1975 Treaty of Waitangi Act, the apartheid Waitangi Tribunal, the 1985 Treaty of Waitangi Amendment Act, the five “Principles” for Crown Action on the Treaty of Waitangi, a “Partnership” between Maori and the Crown, the signing of UNDRIP and the secret He Pua pua report?

Why in 1989 when the Final English Draft was found and authenticated, did our Government instruct it’s paid historians and government funded websites to misinform the public that the Littlewood Draft, “Was just another translation of the Maori version by an unknown author?

Why did the Government spend $6.5 million on a Treaty 2 U propaganda campaign that traveled around New Zealand to misinform the people of their true history?

Why do our Government and paid academics say that Busby’s Final Draft dated the 4th of February 1840 is not recognized as the final draft because it is not signed? (Drafts are never signed)

Why did our Government dismantle the Constitution Room at Archives New Zealand on the 17th April 2017, which displayed to the public our 1839 and 1840 Queen Victoria’s Royal Charters/Letters Patents?

These historical documents, being our Founding Documents and First Constitution, have been placed amongst the 6 million other documents in the Archives Repository where our Government hopes they will soon be forgotten.

I think our Attorney Generals since 1970 have not been reading and/or understanding their role as stated in the Cabinet Manuel?

Brian Mullane said...

The Waitangi Tribunal needs a total overhaul, better still, scrapped. It is a racist Court, whereby non-Maori are banned from participation, both as an observer and as a Member of the Tribunal. Many of those Members have barely a smidgeon of Maori DNA.

Another alarming fact is that they use Hearsay evidence. Hearsay is banned in every Court of NZ because 'truth depreciates through the process of repetition'. But Maori can get up as a witness and testify, under oath, that their great, great, great Auntie Queenie told so and so about what happened at a particular spot and in a period of time a century or so earlier.

Anonymous said...

To anyone and all others, who read this Article and similar ones elsewhere, where the Topic is "Maoridom and their perceived needs etc." - going into the current Year.

I do acknowledge that there has been " heated debate" of recent Years regarding - Land, Access to (whilst denying others the same), claiming this, disputing that, Reparation for this, that and another thing - yet we constantly see, the same bickering, hell bent 'screaming', with now the 'new language of racist' if you disagree with anything Maori want.

One has to ask -

1/- from the 1900's has Maori been deprived of ANYTHING, from birth to death in New Zealand - if so WHAT?

2/- are we, the Pakeha/white settler seeing the beginning of what has happened (and still occurs)- in South Africa (I know of South African's, here in NZ, who say yes)

3/- who is inspiring this current action - because, to me, there is a "movement of Academic Maori", in the background, inspiring the movement to undermine the Treaty of Waitangi, - which is something that is not new.

Just to add data to the debate, when the Africa National Congress/ANC finally got 'traction on & became the Govt in South Africa' - it was a Country that went from Good - to now being dismal - which led to the "white flight" (still does)- which here in NZ, those who read " the tea leaves" say there is potential for that to happen in NZ.

Something to think about.

Anonymous said...

Is monarchy a Maori concept? If so why the rudeness to King Charles III of te Pati Maori reps when giving their oath to Parliament? Usual hypocrisy. Take what they want diss the rest.

Anonymous said...

Sandra,

The Treaty of Waitangi was only 1 of 6 Documents that made New Zealand into a British Colony under one flag and one law, irrespective of race, colour or creed and only played a very small part as can bee seen from the following article, http://onenzfoundation.co.nz/the-tiriti-o-waitangi-just-1-of-6-documents/