On Captain Cook’s birthday, the govt introduces the Treaty Principles Bill
The four-page Treaty Principles Bill – as was portended in the media earlier this week – has been introduced and will be debated in Parliament next week.
RNZ reports:
As with all bills, the text begins with an explanatory note, includes links to some of the advice provided about it, such as a regulatory impact statement, and sets out the specific wording the law would change if enacted.
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.
The bill’s final clause states nothing in the bill would amend the text of the Treaty of Waitangi or Te Tiriti o Waitangi.
The RNZ report sets out the principles set out in the bill as introduced:
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.
The bill’s final clause states nothing in the bill would amend the text of the Treaty of Waitangi or Te Tiriti o Waitangi.
The RNZ report sets out the principles set out in the bill as introduced:
- Principle 1: The Executive Government of New Zealand has full power to govern, and the Parliament of New Zealand has full power to make laws, (a) in the best interests of everyone; and (b) in accordance with the rule of law and the maintenance of a free and democratic society.
- Principle 2: (1) The Crown recognises, and will respect and protect, the rights that hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time they signed it. (2) However, if those rights differ from the rights of everyone, subclause (1) applies only if those rights are agreed in the settlement of a historical treaty claim under the Treaty of Waitangi Act 1975
- Principle 3: (1) Everyone is equal before the law. (2) Everyone is entitled, without discrimination, to (a) the equal protection and equal benefit of the law; and (b) the equal enjoyment of the same fundamental human rights.
It may well be a coincidence, but it turns out the bill has been introduced on Captain James Cook’s birthday.
But Te Pāti Māori co-leader Rawiri Waititi seems to have been oblivious to that element of the timing. Instead, as RNZ reported, he condemned the earlier introduction and said he believed this was aimed at halting the planned hīkoi. (The organisers have said they would not reschedule the hīkoi.)
Seymour said it was “much ado about nothing”, however, and the change in date was simply part of normal Parliamentary processes.
That’s somewhat backed up by most of the political parties, with Labour’s Chris Hipkins saying they would not normally expect to be informed of a change in the date of introduction. The Greens, meanwhile, welcomed having the detail of the bill to scrutinise.
In his capacity as Associate Justice Minister, Seymour today issued a media statement to say he welcomed the introduction of the Treaty Principles Bill to Parliament and to advise it will have its first reading next Thursday.
His statement can be found on the government’s official website, along with news that –
- Prime Minister Christopher Luxon has congratulated President-elect Donald J. Trump on his victory in the US presidential election. He didn’t mention whether trade officials have been advised to brace for the taxes which Trump has promised to slap on all imports into the US.
- State Owned Enterprises Minister Paul Goldsmith announced a pay rise for directors of 22 Crown-owned companies. Director fees are being brought closer to market to retain and attract high quality directors. Fees will be increased in two stages, once next year to about 85 per cent of the market rate, then again in 2026 to about 90 per cent.
- Finance Minister Nicola Willis made the most of some sobering data in the government’s financial statements for the first three months of 2024-25. The fiscal flows were weaker than forecast “and reinforce the need to drive growth and maintain careful spending”, she said, which means they buttress the case for the government doing what it is doing.
- Mental Health Minister Matt Doocey brought us up to date with work on “our new Suicide Prevention Action Plan to cover the period 2025 to 2029”. Public consultation on the plan closed on 1 November.
- Immigration Minister Erica Stanford and Police Minister Mark Mitchell are working with Police, Customs and Immigration New Zealand to respond to “an organised Mongols event in Canterbury between 7-10 November”. They said they are aware members and criminal associates from other Mongols international chapters are planning on traveling here to participate in this event.
Latest from the Beehive
7 November 2024
The Government is bringing director fees for 22 Crown-owned companies closer to market rate in order to retain and attract high quality directors, State Owned Enterprises Minister Paul Goldsmith says.
Associate Justice Minister David Seymour has welcomed the introduction of the Treaty Principles Bill to Parliament and says it will have its first reading next Thursday.
The Government’s financial results for the first three months of the year are weaker than forecast and reinforce the need to drive growth and maintain careful spending, Finance Minister Nicola Willis says.
With public consultation having closed on 1 November 2024, we are now heading into the next phase of developing our new Suicide Prevention Action Plan to cover the period 2025 to 2029, Mental Health Minister Matt Doocey says.
The Government’s responding to overseas members of the Mongols who are attempting to enter the country.
Prime Minister Christopher Luxon has congratulated President-elect Donald J. Trump on his victory in the US presidential election.
In his statement, David Seymour noted that Parliament introduced the concept of the Treaty principles into law in 1975 but did not define them. As a result, the courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights. Those actions include co-governance in the delivery of public services and ethnic quotas in public institutions.
He said:
“The principles of the Treaty are not going anywhere. Either Parliament can define them, or the courts will continue to meddle in this area of critical political and constitutional importance. The purpose of the Treaty Principles Bill is for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.
Cabinet has agreed to make one change to an earlier version of the principles. The wording of the second principle has been narrowed to provide that the rights of hapū and iwi differ from the rights everyone has a reasonable expectation to enjoy only when those rights are agreed to as part of a Treaty settlement.
“This has occurred because the previous wording was too broad.”
Once the Bill has had its first reading, every New Zealander will have the opportunity to provide their views on it at the select committee stage.
Seymour emphasised:
“The Bill will not alter or amend the Treaty itself. It will be used to assist with the interpretation of legislation where Treaty principles would normally be considered relevant, in addition to legislation that refers to Treaty principles directly.
“Far from being a divisive document, the Treaty is a powerful guide for New Zealand’s future, establishing that all New Zealanders have equal rights, and that the government has a duty to protect those rights.
“I am looking forward to this important national conversation about the place of the Treaty in our constitutional arrangements.”
A link to the bill is here.
Point of Order is a blog focused on politics and the economy run by veteran newspaper reporters Bob Edlin and Ian Templeton
1 comment:
“Principle 2: (1) The Crown recognises, and will respect and protect, the rights that hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time they signed it. (2) However, if those rights differ from the rights of everyone, subclause (1) applies only if those rights are agreed in the settlement of a historical treaty claim under the Treaty of Waitangi Act 1975.”
Looks like the Principles Bill has been hijacked by the Corporate Iwi, rendering it null and void as far as I am concerned.
No one has the right to rewrite Lt Governor Hobson’s One Treaty Principle, “He iwi tahi tatou – we are now one people”. Any principle other than Lt Governor Hobson’s is a fraud and must be ignored at all costs! Lt Governor Hobson gave one Principle, “He iwi tahi tatou – We are now one people”. It’s a documented fact that cannot be denied or changed!
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