Principles of the Treaty of Waitangi Act 2024
Public submissions are now open
Principles of the Treaty of Waitangi Act 2024
Background
The introduction of this Bill significantly undermines the mana of Te Triti o Waitangi. If this Bill passes, it will be “the most severe breach of Te Tiriti in modern times,” the proposed principles will shape how laws are interpreted, disregarding the Crown’s obligation to uphold the rights guaranteed to Māori in the articles of Te Tiriti o Waitangi.
To help you engage in this important conversation, we have created this submission builder as a tool for crafting your submission on the Bill. Before starting, we encourage you to review and understand what this all means.
Te Tiriti o Waitangi is an important document, signed between two sovereign nations, tangata whenua and the Crown. Due to the conflicting translations between the Māori and English texts the following principles have been developed and debated overtime by the Waitangi tribunal, in the court, in government, and in Treaty settlements processes. These principles are meant to reflect the intent and spirit of Te Tiriti and The Treaty.
The current principles:
- Partnership
- Active protection
- Equity and equal treatment
- Redress
- Informed decision-making
- Self-determination
- Right of development
This bill is attempting to redefine these principles with no consultation with the key Tiriti partner, tangata whenua.
Submissions close
7th Jan 2025
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,
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- (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.
Understanding Principle 1
This principle gives the government full power and authority to govern and disregards the separate authority guaranteed to Māori (Tino Rangatiratanga) and to the Crown (Kāwanatanga) in Te Tiriti o Waitangi.
Principle 2
- 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.
- 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.
Understanding Principle 2
This principle would revoke the promises and guarantees the Queen made to Māori in 1840, reducing indigenous rights to ordinary rights.
Principle 3
- Everyone is equal before the law.
- 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.
Understanding Principle 3
This principle disregards the government’s commitment to Māori of upholding partnership, equity and active protection.
Make a Submission
This Bill impacts everyone in Aotearoa now and for generations to come. Please encourage your whānau, friends, colleagues and communities to use their voice and make a submission.
Complete your submission using this form. Please fill all required fields. Your submission must be completed before 12pm on Monday 6 January 2025, so that we can submit your submission by the set deadline of Tuesday 7 January 2025, 11.59pm.
Please refrain from using explicit language or disclosing personal information that you are not prepared to share publicly.
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Submissions
Submissions close
7th Jan 2025
All submissions entered into this builder will be uploaded to the NZ Parliament submissions portal.