The public consultation period for New Zealand’s controversial Treaty Principles Bill, opposed by more than 400 church leaders and affecting the tenets of the 19th-century Treaty of Waitangi, closed on Jan. 7, 2024. Some respondents reported technical difficulties submitting feedback on the New Zealand Parliament’s website.
The bill, introduced by Associate Justice Minister David Seymour, leader of the right-wing Association of Consumers and Taxpayers (ACT New Zealand) party, aims to redefine the principles of the Treaty of Waitangi to align with mainstream governance under the principle of equality. Critics argue the bill undermines the rights of Māori, the original inhabitants of New Zealand, and dishonors the treaty’s intent.
The consultation followed the bill’s first reading in Parliament last November. “The select committee process will finally democratize the debate over the treaty, which has until this point been dominated by a small number of judges, senior public servants, academics, and politicians,” Seymour said in a Nov. 14 government press release.
Parliament introduced the concept of treaty principles into law in 1975, but without definition, Seymour argued. “The courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions contrary to the principle of equal rights. Those actions include co-governance in public services, ethnic quotas in public institutions, and consultation based on background,” he said.
Seymour maintained the bill does not alter the treaty itself but seeks to clarify treaty principles for interpreting legislation. He also described the treaty as a “powerful guide” for New Zealand’s future. “The Treaty Principles Bill would give all New Zealanders equality before the law, so that we can go forward as one people with one set of rights,” Seymour added.
Opponents, including 440 church leaders who signed an open letter to MPs in November, argue the bill would cause further division and harm social cohesion. Their concerns align with those of 42,000 protesters who marched through Wellington last November to oppose the legislation.
“As Christian leaders from across Aotearoa New Zealand, we express our commitment to Te Tiriti o Waitangi. We affirm that Te Tiriti protects the Tino Rangatiratanga of hapū and iwi,” the church leaders wrote, referencing Māori sovereignty. “We therefore express our opposition to the proposed Treaty Principles Bill.”
The letter pointed to the lack of recognition of the collective rights of iwi Maori and argued it undermines guarantees that “decades of law, jurisprudence and policy have sought to recognise.” It also raised concern that the Bill misrepresented the intentions of the original Treaty.
Finally, the church leaders also emphasized their duty of care "as inheritors of the legacy of the missionaries involved in the drafting, promotion and signing of the Te Tiriti o Waitangi" adding that they commit to continuing their pursuit of reconciliation.
“We will work to ensure the flourishing of life in Aotearoa New Zealand for all peoples living here, both Tangata Tiriti and Tangata Whenua, as Te Tiriti of Waitangi enables,” the letter states.
The Treaty of Waitangi, signed on Feb. 6, 1840, between the British Crown and Māori chiefs, was created to address concerns over settler activities in the 1830s. Drafted in both English and Māori, discrepancies in interpretation have led to long-standing disputes. Over the years, Māori have had to fight for their rights, particularly regarding land confiscation.
The Treaty Principles Bill remains a contentious issue, reflecting historical complexities and ongoing debates about New Zealand’s national identity and governance.
