Commission’s Plans For Treaty Described As ‘Misguided’ By Academic.

A call by the Human Rights Commission to consider entrenching the Treaty of Waitangi as part of a wider review aimed at improving the human rights of Maori has been criticised by a Treaty expert.

Professor Paul Moon, who has written two books on the Treaty and worked on several Treaty claims, says that the Commission’s plan may be well-meaning but is ultimately misguided. He explained why it would not work in practice:

“First, there is no consensus among experts on what the text of the Treaty means. Entrenching a document that is so open to interpretation would only lead to confusion”.

“And second”, he pointed out, “there are no rights for Maori expressed in the Treaty that are not already protected by legislation. Any suggestion to the contrary comes from an impoverished understanding of the Treaty’s intention”.

Professor Moon is concerned that the Commission may be applying an interpretation of the Treaty that stretches its meaning beyond what its original purpose was.

“My advice to the Human Rights Commission”, he said, “is to focus on its main areas of activity, and not to venture into territory where its expertise is less certain”.

ENDS

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