MEDIA RELEASE Thursday 5th May 2011

For immediate release

Brash Grossly Misinterprets Treaty, Says Expert

The claim by former leader of the National party and new leader of the Act Party Don Brash that the Treaty of Waitangi demands “one law for all” in New Zealand is a misinterpretation of the Treaty, says Veronica Tawhai, a Treaty expert and policy lecturer of Te Pūtahi a Toi, School of Māori Studies at Massey University.

“Article Three of the Treaty of Waitangi promised Māori all the ‘rights and privileges’ or ‘right and duties’ of British subjects, for example, the right to political representation, the right to an education, and the right to health care” says Ms Tawhai. “Māori have then fulfilled duties such as paying taxes and defending our country in the World Wars”.

“Nowhere in the Treaty does it state there can only be one law for all New Zealanders. That is a gross misinterpretation by Dr. Brash”.

“As Māori are a minority and disadvantaged across many socio-economic areas, ensuring Māori have political representation, access to education and are receiving health care often requires provisions specifically for Māori, such as the Māori parliamentary seats. To abolish the seats and other provisions, as Dr. Brash wishes to do, would in fact breach the Treaty and cause further harm”.

The Māori and English versions of the Treaty of Waitangi are, in some areas slightly, and in other areas significantly, different. Save for 39 signatures on the English version, the 500 plus signatures from Māori chiefs are on the Māori version. The 1975 Treaty of Waitangi Act specifies, however, that both versions of the Treaty are to be observed. This means equal weight must be given to both the English and Māori translation.

“Brash is ignoring the law when he states that Article Two of the Treaty is about Māori property rights only. Article Two of the Māori version guarantees to Māori their ‘tino rangatiratanga’ which means, amongst other things, Māori control over decisions that will affect Māori lands, resources, and lives. Hone Harawira is right in saying this requires a political partnership between Māori and government”. The recent debate on TV One’s Close Up between Don Brash and Hone Harawira,

the leader of the new Mana political party, included a focus on the Treaty of Waitangi, which has long been referred to as New Zealand’s founding document. “It is vitally important all New Zealanders have a good understanding of the Treaty of Waitangi, to ensure we can have sound debate on the meaning and application of the Treaty to today. Only then can we truly move towards honouring the Treaty as a foundation for this country” concluded Ms Tawhai.

ENDS

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