The Federation of Islamic Associations of Aotearoa New Zealand (FIANZ) welcomes the opportunity to provide a submission on the Principles of the Treaty of Waitangi Bill.

As the national Muslim umbrella organisation in Aotearoa New Zealand, we believe in upholding the values of justice, equity, and mutual respect that align with the principles embodied in Te Tiriti o Waitangi.

The Muslim community of Aotearoa New Zealand, is diverse, comprising over 62 ethnicities, including Māori, Pasifika, and Pākehā. As such, we are a collective of both tangata whenua and tangata tiriti. While we acknowledge that there is merit in raising discussions about Treaty principles, we have significant concerns about the motives and methodology underlying this Bill.

The stated intention to define the principles of Te Tiriti o Waitangi in legislation risks undermining the mana of Tangata Whenua and the broader societal harmony that Te Tiriti is intended to foster. We believe the Bill fails to adequately uphold the spirit and intent of Te Tiriti o Waitangi.

OUR CONCERNS

Diluting History and Diminishing Respect

FIANZ acknowledges the special relationship between Māori as Tangata Whenua and Muslims as Tangata Tiriti. We recognise and respect Māori as the indigenous people of Aotearoa and affirm the shared responsibilities under Te Tiriti o Waitangi. As a community we also value the wisdom and culture of Tangata Whenua. Importantly, we also note that many members of the Muslim community are tangata whenua Māori, further strengthening and enriching our shared commitment to the principles of Te Tiriti.

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The Treaty principles, introduced in the Treaty of Waitangi Act 1975, have historically provided a means to reconcile the differences between the te reo Māori and English texts of Te Tiriti and have guided the Crown’s actions and decisions in matters affecting Māori. However, this Bill’s attempt to codify these principles risks diluting their intent and undermining the nuanced application required to address contemporary issues. We believe this approach fails to fully honour the spirit of Te Tiriti, which was designed as a living document meant to guide equitable governance and partnerships.

Misrepresentation of Equality vs Equity

The Bill’s emphasis on equal treatment under the law (Principle 3) fails to recognise the necessity of equity over equality. Equity addresses the systemic and historical disadvantages that have left Māori without a level playing field. Achieving equity requires acknowledging and redressing these injustices, not merely providing equal treatment in a context where inequality persists.

By defining equality in rigid terms, the Bill risks being perceived as superficial or tokenistic, undermining the Crown’s commitment to genuinely uplifting the mana of Māori. True equity must address power imbalances and structural inequities, ensuring Māori are not only protected but empowered. Our society needs to focus on equity— ensuring resources, opportunities, and outcomes are distributed in a way that acknowledges historical injustices and systemic disparities.

We are guided by our teachings which emphasises that justice (‘adl) must be upheld, and we must act against oppression and ensure fairness in all dealings.

Confusion and Contradiction

The Bill’s introduction has created uncertainty, particularly given the lack of clarity around how the defined principles will interact with existing Treaty obligations. Rather than clarifying or simplifying the application of Treaty principles, the Bill introduces more confusion and contradictions. This complexity does not serve the goal of enhancing understanding or cooperation but rather risks alienating communities further. By creating room for misinterpretation, the Bill inadvertently ends itself to the amplification of extremist perspectives. This uncertainty creates fertile ground for extremists and radicals to thrive with deliberate misinformation, undermining social connectivity and social cohesion.

This Bill fuels controversy and division, instead of fostering connection and cohesion between tangata whenua and tangata tiriti. We acknowledge the need for education and awareness through national conversation about Te Tiriti and New Zealand’s constitutional arrangements.

We urge wisdom (‘hikmah’) and patience (‘sabr’) in this national conversation so that it facilitates connection and inclusivity. In Islamic tradition, fostering unity (‘wahda’) and safeguarding the vulnerable is a duty upon every individual and governing body.

Misalignment with Tikanga and Principles of Te Tiriti

Tikanga Māori and legislative principles must work together harmoniously to reflect the spirit of Te Tiriti o Waitangi. However, the Bill’s emphasis on defining principles in statute has the effect of sidelining the dynamic and culturally rooted nature of tikanga. Such an approach undermines the adaptability and lived experience of tikanga as it relates to contemporary governance.

The proposed principles fail to adequately uphold the holistic and relational framework of Te Tiriti. The Bill diminishes and marginalises the mana of Tangata Whenua and weakens the Crown’s obligation to genuinely honour its commitments under Te Tiriti.

Our Islamic teachings is replete with emphasis on the need to always honour our obligations.

Preventing Downstream Social Division

FIANZ cautions that the Bill, is a catalyst to exacerbate further societal division and downstream will lead to marginalising vulnerable minority, ethnic and faith communities. When one community is marginalised through legislation, history has taught us that it emboldens the extremists to target others. We believe that unity and inclusivity must remain at the forefront of any legislative framework concerning Te Tiriti. This requires recognising and addressing inequities while fostering collaboration and understanding across all communities in Aotearoa.

As Muslims, we are reminded of our duty to stand against injustice and support those who are oppressed.

We urge the Justice Committee to reaffirm the dynamic and contextual nature of the Treaty principles as they have been applied historically.

We stand in solidarity with Tangata Whenua in advocating for a legislative framework that genuinely honours Te Tiriti o Waitangi, upholds equity, and strengthens the social fabric of Aotearoa. Let us ensure that our shared future is one of partnership, respect, and inclusivity, rather than one constrained by rigid and divisive legislation.

In our view legislation should be a tool to bring us together, not drive us apart.

It is imperative that as a society we strive towards a future that respects the foundational partnership between tangata whenua and tangata tiriti, fostering a society built on societal connection, community cohesion and a united pathway to the future.

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