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.
Why?
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.
3 comments:
The He Puapua agenda is more than 50% achieved...... when will people protest?
Bring on the referendum ASAP. The only brake.
And which of the current politicians has the courtesy to actually acknowledge this and facilitate the tribunal’s demise in a timely manner?
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.
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