Saturday, February 24, 2024

Sandra Goudie: Waitangi Tribunal – time to go!

The Waitangi Tribunal must change or be removed following the cessation of historical Treaty settlements by 1992 as stated in the Treaty of Waitangi Act.


Queen Victoria spread her cloak over all the peoples of New Zealand in both the Royal Charter of 1840 and the signing of the Treaty of Waitangi.

Queen Victoria made it clear that all citizens were equal in the law.

The Waitangi Tribunal’s contemporary claims under the Te Kaupapa Enquiries allows maori to make any claim of a prejudicial bias against any action of the government-  refer The Treaty of Waitangi Act, Sect. 6.

These claims are distinct from the definition of ‘Historical Treaty Claims’ in that same act which were to end by 1992.

Kaupapa means values, principles, ideas, and we all have those. The difference here is that we cannot make a prejudicial bias claim against the government but maori can.

Right now the latest claim is the Constitutional Kaupapa Inquiry has been initiated by the Waitangi Tribunal and includes self-government and the electoral system. Wai 3300, 2023.

The Crown/government has not protected the rights in law of all its citizens by allowing such a process to continue. This process is in itself a serious breach of the Treaty for that very reason.

The Tribunal can only make recommendations to government. However there is no discussion/participation with the rest of the citizens of New Zealand. The crown/government continues to breach the Treaty obligations in the formulation of the law showing prejudicial bias in favour of a minority. The Hauraki Gulf Marine Park Protection Act is a classic example.

The Treaty of Waitangi Act is another classic example of the continuation of that breach by the crown/government whereby only maori can make a claim of prejudicial bias. No-one else can. What about the Kaupapa of the rest of the citizens of New Zealand?

How do ordinary citizens of New Zealand get to challenge the crown/government on their continued breaches of the Treaty of Waitangi when allowing prejudicial bias against the majority in law?

For this reason the Waitangi Tribunal must go.

Queen Victoria gave an undertaking to us all, and in so doing, any failure to protect our democracy and our rule of law is a continued failure by the crown/government, and a major breach of the Treaty of Waitangi.

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


Anonymous said...

The He Puapua agenda is more than 50% achieved...... when will people protest?

Bring on the referendum ASAP. The only brake.

Anonymous said...

And which of the current politicians has the courtesy to actually acknowledge this and facilitate the tribunal’s demise in a timely manner?

Anonymous said...

Completely agree Sandra. In fact, I think the Treaty of Waitangi itself ought to be 'mothballed' in some way - accorded respect for its very real value, and then consigned to history like the Magna Carta - undoubtedly significant but not subject to argument. It's done. Let us all be grateful that, in whatever way, we have the enormous good fortune to live in this land at the end of the world, and for goodness' sake get on with keeping it safe and in good health.