Make your voice heard
I’ve been in two minds about starting a blog on my business website but recent events here in Aotearoa NZ have compelled me to act. Much of the mahi (work) I do helps my clients advocate for change to make life better for people and their communities. We make their position clear on the issue at hand while ensuring they come equipped with a proposed solution that works for everyone. These solutions are always evidence-based and quite often supported by the affected community’s voice and experiences.
This might involve taking relevant research and turning it into plain-English policy change or funding suggestions that decision makers - such as Ministers, MPs, Boards and organisational leaders - can consider to achieve their goals as well as the goals of my client.
It sounds easy, and sometimes it is, but it can be hard work if you’ve never done it before or there’s lots of complex information to turn into tangible action plans decision makers can simply pick up and run with. On top of this you need to be honest, ethical, operate in good faith, and treat all parties with respect to achieve desired outcomes.
Which brings me to why I am making this post. I am deeply troubled by what our current coalition Government is proposing with its Principles of the Treaty of Waitangi Bill. I feel it breaks every single rule when it comes to operating in good faith on behalf of all affected parties (which in this case is all citizens of Aotearoa New Zealand), but especially with respect to Māori as tangata whenua. There is also no real evidence base for the proposed changes outlined in this Bill.
Everyone and anyone can give feedback on this Bill between now and 7 January, 2025. I personally would encourage people to give feedback as an individual to ensure your voice is heard as well as that of the collective.
If you’re unsure about writing a submission, feel free to copy and paste all or part of my submission below into a Word document. Then click on the ‘Make a submission’ button to go straight to the official submissions portal for this consultation and follow the prompts. We need as many people as possible to stand up and make your voice heard. Come with me, and trust the process; get all your whānau and friends to take part so we can put this shameful Bill to rest.
Tēnā koutou katoa,
Thank you for the opportunity to submit feedback on the Principles of the Treaty of Waitangi Bill.
Firstly, it deeply upsets me that this Bill even exists and is being considered. It is based on a complete misinterpretation of Te Tiriti o Waitangi and seeks to dismantle the relationship and spirit of partnership between Māori (tangata whenua) and the Crown (tangata tiriti). It is a shameless attempt by this coalition Government, as representatives of the Crown, to erase and disregard its obligations alongside Māori under Te Tiriti.
Secondly, Te Tiriti has already been (and continues to be) undermined, deliberately misinterpreted, and even disregarded by the Crown and its representatives via public policy decision making and enactment. This has created glaring and growing disparities between Māori and non-Māori in almost every socio-economic measure which is wrong and deeply unfair e.g land and property ownership, health outcomes, life expectancy, incarceration statistics, poverty statistics, etc.
Finally, ACT’s Principles of the Treaty of Waitangi Bill is divisive and harmful. It damages the relationship between tangata whenua and tangata Tiriti. It undermines decades of redress efforts, which have sought to address breaches by the Crown over the past 180 years. It distorts the original intent of Te Tiriti o Waitangi, which was a relationship founded on respect and kotahitanga (unity) between two sovereign nations.
I believe this Bill is a deliberate attack on our nation’s founding agreement.
I am concerned that it overrides principles that have been developed through statute and the Waitangi Tribunal over the last 40 years, particularly partnership, reinforcing a power imbalance in which Māori are subordinated to the will of the Crown.
This is unfair because it denies the specific and enduring rights of iwi and hapū and denies Māori their rightful place as equals in the governance of Aotearoa and disregards their status as the first peoples of the land. Removing Māori rights today continues this pattern of historical injustice and dispossession.
For the above and below reasons I strongly OPPOSE the Principles of the Treaty of Waitangi Bill.
· The Bill does not reflect any credible interpretation of the Treaty of Waitangi, te Tiriti o Waitangi, or the principles based in either text.
· The Crown is breaching the Treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the Article 2 guarantee of rangatiratanga (sovereignty).
· The Crown is pursuing the Bill without any direct engagement or discussion with Māori.
· This Bill is an attempt to use Parliament's power to change Aotearoa New Zealand's constitutional foundation based on a legal and historical fiction, while undermining the role of the Courts.
· It will reduce the constitutional status of the Treaty/te Tiriti, remove its effect in law as currently recognised in Treaty clauses, limit Māori rights and Crown obligations, hinder Māori access to justice, impact Treaty settlements, and undermine social cohesion.
· It will reduce the legal power of Te Tiriti, limit tangata whenua rights and government responsibilities, restrict Māori access to justice, impact Treaty settlements, and harm social unity in Aotearoa, New Zealand.
The Treaty Principles Regulatory Impact Statement presented to Hon David Seymour, Associate Minister of Justice on 28 August 2024 outlined the following recommendations and concerns about the Bill, lending further weight to my Opposition to it:
o A recommendation to stay with the status quo where the Courts and the Waitangi Tribunal would continue to articulate the meaning of the Treaty principles.
o Inadequate consultation with Māori/tangata whenua: I quote - "Although some proxies have been provided for consultation, this is not sufficient. Given the constitutional significance of this proposal and the impacts on the Crown-Māori relationship, the panel would expect the analysis to be based on full consultation with iwi and hapū (as the Crown’s Treaty partner), constitutional experts and the broader public to understand their views and shape additional policy options. The costs and benefits also need to be informed by engagement with affected groups."
o Poor evidence of sufficient cost/benefits analysis of the Bills impacts on all parties: On a scale of High/medium/low, the Evidence/Certainty measures were rated ‘Low’ for all affected parties when it comes to the costs/benefits of redefining the Treaty principles in legislation compared to maintaining the status quo.
A core intention of Te Tiriti o Waitangi was to protect rights including ownership of lands, resources, and taonga (treasures), as well as the exercise of self-determination (tino rangatiratanga). The rights of tangata whenua are a part of their identity, culture, and way of life.
Removing or limiting these rights disrespects this intrinsic connection to the land and undermines the ability of Māori to care for and protect their taonga in accordance with their customs and practices. This Bill undermines the protective role of the Treaty and fails to honour the assurances made to Māori Rangatira (leaders) at the time of signing.
I believe this Bill should not progress beyond this public consultation stage, no matter the outcome, because the Bill itself has not been devised in an evidence or truth-based manner. Undermining something as fundamental to all peoples of Aotearoa New Zealand as Te Tiriti is undemocratic and totally unacceptable.
In my view, the only acceptable outcome of all this is to safeguard the legitimacy of Te Tiriti from being brought into question by future Governments/the Crown ever again.
Toitū Te Tiriti.
Ngā mihi.