Treaty Principles Bill

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The Treaty Principles Bill is a proposed bill by David Seymour and ACT New Zealand. It aims to define the Principles of the Treaty of Waitangi. As part of its coalition agreement with ACT, the incumbent National Party does not support a referendum on the issue but has agreed to support the legislation up to the select committee level.^[1][2]

A March 2024 poll by Curia and commissioned by the Taxpayers' Union found that 60% supported the Treaty Principles Bill, 18% opposed it, and 22% were undecided.^[3]

In March 2022, the libertarian ACT Party announced that it would introduce a new law defining the principles of the Treaty of Waitangi if elected into government following the 2023 election. This law would only come into effect following a referendum on Māori co-governance arrangements that would be held at the 2026 general election. The party's leader David Seymour also called for a referendum on co-governance as a condition for entering into coalition with any future government led by centre-right National Party. Seymour argued that the 1840 Treaty of Waitangi was not a partnership between the New Zealand Crown and Māori, and therefore co-governance arrangements were not a "necessary extension" of that. He also claimed that co-governance arrangements created resentment and division.^[4] ACT's proposed law and referendum would affect co-governance arrangements at several Crown Research Institutes, state-owned enterprises and healthcare providers such as Te Aka Whai Ora (the Māori Health Authority). However, Seymour indicated that the new law would preserve existing co-governance arrangements with the Waikato, Ngāi Tahu, Tūhoe and Whanganui iwi (tribes).^[5]

In response, Māori Party co-leader Debbie Ngarewa-Packer and Professor Linda Tuhiwai Smith described ACT's proposed co-governance referendum and policies as being motivated by racism and reflecting a "Pākehā" unwillingness to share power. Similarly, Waikato leader Rahui Papa claimed that ACT's co-governance policies clashed with the second and third articles of the treaty which (he argued) guaranteed Māori participation in the social sector.^[5][4] In response, Prime Minister Jacinda Ardern reiterated the Labour Government's commitment to co-governance arrangements. Meanwhile, National Party leader Christopher Luxon refused to commit to a referendum on co-governance, but acknowledged that further clarity on co-governance was needed.^[4]

In October 2022, ACT released a discussion document entitled "Democracy or co-government?" which proposed a new Treaty Principles Act that would end the focus on partnership between Māori and the Crown and interpret "tino rangatiratanga" solely as property rights. By contrast, most scholars of the Māori language define "tino rangatiratanga" as the equivalent of "self-determination" in the English language. The proposed Treaty Principles Act does not mention Māori, the Crown, iwi (tribes), and hapū (subgroups) but refers only to "New Zealanders". ACT Party leader Seymour refused to identify whom his party had consulted when developing its co-governance and Treaty of Waitangi policies, particularly its redefinition of "tino rangatiratanga" as property rights. As part of ACT's "colour-blind" policies, its social-development spokesperson Karen Chhour advocated the abolition of Te Aka Whai Ora.^[6]

Following the 2023 New Zealand general election, a National-led coalition government was formed with the support of the ACT and New Zealand First parties in late November 2023.^[7] As part of ACT's coalition agreement with the National Party, the parties agreed to introduce a Treaty Principles Bill based on existing ACT party policy and support it to a Parliamentary select committee. In addition, ACT dropped its election demand for a referendum on the Treaty of Waitangi.^[8][2]

On 19 January 2024, a Ministry of Justice memo on the proposed Treaty Principles legislation was leaked. The proposed bill had three principles: that the New Zealand Government has the right to govern all New Zealanders; the New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property; and that all New Zealanders are equal under the law with the same rights and duties. The Ministry's paper expressed concerns that the proposed law would conflict with the rights and interests of Māori under the Treaty of Waitangi, that the Crown was trying to define Treaty principles without consulting with Māori, that the Bill breached international agreements such as the International Covenant on Economic, Social and Cultural Rights, and that it infringed on the Māori right to self-determination. Seymour claimed the memo was a "natural reaction" from a bureaucracy that had "presided over increasing division over these issues", but stating the Ministry of Justice was not biased in its advice.^[9]

The leak came on the eve of King Tūheitia's national hui on 20 January. In response, Minister of Justice Paul Goldsmith confirmed that the Justice Ministry would investigate the leak and described the document as a draft that had not yet been considered by Cabinet. In addition Seymour, who had promoted the legislation, accused the Ministry of being part of a bureaucracy that was "resistant to change." Te Pāti Māori co-leaders Rawiri Waititi and Debbie Ngarewa-Packer used the leak to rally opposition against the Government's proposed constitutional changes.^[9][10]

Following the leak, staff from other government agencies are now required to physically visit the Ministry of Justice offices to look at hard copies of Cabinet papers relating the Treaty Principles Bill to prevent leaks.^[11]

On 7 February 2024, ACT embarked on a public information campaign to promote the Treaty Principles Bill. This campaign includes the creation of a new website called "treaty.nz," which has a Questions and Answers section outlining the party's approach to the principles of the Treaty of Waitangi and a video featuring Seymour. Seymour also contested claims that the government was trying to rewrite or abolish the Treaty of Waitangi. The public information campaign also came after a leaked Justice Ministry memo claimed that the proposed bill clashed with the text of the Treaty.^[12][13]

ACT's proposed Treaty Principles Bill consists of three articles, It sets out three articles,^[12][13]

Article 1

Māori: kawanatanga katoa o o ratou whenua

The New Zealand Government has the right to govern all New Zealanders

Article 2

Māori: ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa

The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property

Article 3

Māori: a ratou nga tikanga katoa rite tahi

All New Zealanders are equal under the law with the same rights and duties

On 9 September 2024, a draft outline of the Treaty Principles Bill was tabled at a Cabinet meeting, with its basic outline being signed off. ACT leader Seymour also confirmed that the legislation would mention hapū (sub-group) and iwi (tribal) rights to tino rangatiratanga (self determination) and property ownership in Article 2. Cabinet agreed for the following principles to be included in the Bill:^[14][15]

1. Civil Government: The Government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society.

2. Rights of Hapū and Iwi Māori: The Crown recognises the rights that hapū and iwi had when they signed the Treaty. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in legislation, Treaty settlements, or other agreement with the Crown.

3. Right to Equality: Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.

While Seymour expressed hope that the coalition parties would support the Bill after its first reading, Prime Minister Christopher Luxon reiterated that the National Party would not support the bill beyond its first reading. Similarly, New Zealand First also pledged not to support the Bill beyond its first reading.^[16][17] The final version of the bill will be considered by Cabinet again before its introduction to Parliament in November 2024.^[18] Cabinet also agreed that the Bill would undergo a six month-long select committee process, concluding in May 2025.^[17] On 5 November 2024 it was announced the Bill's timetable was to introduce it to Parliament on 7 November, with the first reading debate advanced to the week of 11-15 November.^[19] Prior to that the times had been understood to be -

The Ministry of Justice's Regulatory Impact Statement, which was initially leaked, as noted above, says the Bill, "does not accurately reflect Article 2, which affirms the continuing exercise of tino rangatiratanga. Restricting the rights of hapū and iwi to those specified in legislation, or agreement with the Crown, implies that tino rangatiratanga is derived from kāwanatanga. It reduces indigenous rights to a set of ordinary rights that could be exercised by any group of citizens."^[21]

In January 2024, the Māori King Tūheitia Paki called for a national hui (meeting) on 20 January to unify Māori and discuss the potential impact of the Government's Treaty policies.^[9] On 15 January, Tūheitia raised the matter of the Bill during a private meeting with Prime Minister Christopher Luxon and Minister for Māori Development Tama Potaka .^[22]

On 9 May 2024, Ngāpuhi Kaumātua (tribal elder) Hone Sadler and several claimants filed a challenge against the Treaty Principles Bill at the Waitangi Tribunal, describing the proposed bill's interpretation of the Treaty as "inaccurate and misleading." They also contended that Māori never ceded sovereignty to the New Zealand Crown.^[23] On 15 May, the Tribunal heard testimony from University of Auckland Māori Studies Professor Margaret Mutu, who described ACT's Co-Government Policy Paper as "nonsensical" and a misinterpretation of the Treaty. In addition, Northland iwi Ngāti Kahu submitted a letter to King Charles III, calling on him to stop what they called a "violent attack" on the Treaty.^[24]

On 16 August 2024, the Waitangi Tribunal released its interim report into the ACT party's Treaty Principles Bill and New Zealand First's proposed review of the Treaty clauses. The Tribunal recommended that the Treaty Principles Bill and the Government undertake a process to undo damage to the Māori-Crown relationship.^[25]

During Māori King Tūheitia Paki's 18th Koroneihana (coronation anniversary celebration) in mid-August 2024,^[26] both Prime Minister Christopher Luxon and NZ First senior minister Shane Jones reiterated that National and NZ First would not support ACT's Treaty Principles Bill beyond its first reading. In response, ACT leader David Seymour said that Luxon and Jones had "closed their minds" when the legislation had not yet finished drafting.^[27] On 23 August, NZ First leader Winston Peters stated during Question Time in Parliament that he was willing to change his mind on the Treaty Principles Bill "if there was prevailing compelling evidence to change one's mind." When Labour leader Chris Hipkins pressed Peters further on the matter, Peters said that Māori leaders Peter Buck, Maui Pomare and James Carroll had concluded there were no Principles of the Treaty of Waitangi.^[28] In response to the 9 September cabinet outline of the bill, Labour leader Chris Hipkins described the Treaty bill process as shambolic and urged Luxon to jettison the "divisive" legislation.^[18] Te Pāti Māori co-leader Debbie Ngarewa-Packer described the inclusion of iwi and hapū as insufficient. Similar criticism was voiced Green Party MP Teanau Tuiono, Labour MPs Willie Jackson and Cushla Tangaere-Manue.^[17]

On 9 September 2024, 400 Christian leaders including three Anglican archbishops, the Catholic Archbishop, a Catholic Cardinal, the Methodist Church president and The Salvation Army commissioner signed an open letter calling on MPs to vote against the Treaty Principles Bill and affirming their commitment to honouring the Treaty of Waitangi. In response, Seymour accused church leaders of interfering in democracy a second time, with the first time being the End of Life Choice Act 2019.^[29]

A poll conducted in February 2024 showed 36% in support of a referendum, with 35% opposed, the rest undecided.^[30][31]

• Treaty Principles Bill
• Treaty Principles Bill (official website)