In a surprising turn of events, a controversial bill aiming to reinterpret New Zealand’s founding document, the Treaty of Waitangi, has been fast-tracked to parliament nearly two weeks ahead of schedule. The proposal, put forth by the libertarian Act party, a minor partner in the nation’s coalition government, seeks to radically alter how the treaty between Māori and the Crown is applied in modern times.
Widespread Criticism and Protest
The bill has been met with fierce opposition from a wide range of stakeholders, including lawyers, academics, politicians, and the general public. Critics argue that the proposed changes to the treaty’s interpretation will weaken Māori rights, remove crucial checks on the Crown’s power, and fuel anti-Māori sentiment.
In response to the bill, nationwide protests have erupted, with Māori leaders convening urgent meetings to discuss their concerns. Ministry officials have also issued stark warnings about the potential risks the legislation poses to Māori rights.
A Breach of Partnership and Protection
The Waitangi Tribunal, a commission of inquiry tasked with investigating breaches of the treaty, has delivered a scathing assessment of the bill. In a report, the tribunal stated:
“If this bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty… in modern times. If the bill remained on the statute book for a considerable time or was never repealed, it could mean the end of the Treaty.”
The tribunal further criticized the bill’s proposed principles as being based on flawed policy rationales and novel interpretations that would ultimately curtail Māori rights.
A Controversial Agenda
The Act party, led by David Seymour, has long called for an end to what it perceives as “division by race” in New Zealand. Seymour contends that the bill provides an opportunity for all New Zealanders to have a say in what the Treaty of Waitangi means, rather than leaving its interpretation solely to the courts and the Waitangi Tribunal.
However, many see the bill as part of a broader, troubling policy direction taken by the coalition government toward Māori. Recent sweeping rollbacks to policies designed to improve Māori health and well-being have also drawn sharp criticism.
A Founding Document Under Threat
The Treaty of Waitangi, signed in 1840 between more than 500 Māori chiefs and the British Crown, is widely regarded as New Zealand’s founding document. Its principles—broadly defined as partnership, protection, and participation—have been developed over the past 50 years by courts, the Waitangi Tribunal, and successive governments to help reconcile differing interpretations of the treaty’s meaning and application.
Carwyn Jones, head lecturer in Māori law at Te Wānanga o Raukawa, an Indigenous tertiary education provider, warns that the bill is not only increasing misinformation about the treaty but also damaging the relationship between Māori and the Crown and eroding social cohesion.
“It is having a real impact on many Māori, in terms of feeling under attack. For lots of younger Māori, this is a really distressing situation.”
– Carwyn Jones, Head Lecturer in Māori Law, Te Wānanga o Raukawa
A March on Parliament
Despite the government’s decision to introduce the bill earlier than initially planned, protest organizers remain undeterred. A hīkoi, or protest march, is set to proceed as scheduled, with participants determined to make their voices heard.
“We always knew a shuffle like this would come along, this is not unexpected from this coalition. Bills come and go, but [the treaty] is infinite and so are we – our plans will not change.”
– Eru Kapa-Kingi, Hīkoi Spokesperson
Although the bill is likely to fail due to a lack of support from other coalition partners, the damage it has already inflicted on Māori-Crown relations and public discourse is significant. As New Zealand grapples with this latest challenge to its founding principles, the nation must confront difficult questions about the role of the Treaty of Waitangi in shaping its past, present, and future.
