The proposed Treaty Principles Bill underpinned by the ACT party political policies has been admonished by the Waitangi Tribunal saying it’s based on a “disingenuous historical narrative”.

Ngā Mātāpono The Principles Report in the Constitutional Kaupapa Inquiry WAI 3300 released today by the Waitangi Tribunal, goes further to say the principles “distort” the language of the Treaty – Te Tiriti.

“Waitangi Tribunal, our standing Te Tiriti independent Commission of Inquiry, which is essentially our human rights jurisdiction has made it clear that politicians cannot undermine the constitutional principles of Te Tiriti,” says Lady Tureiti Moxon, Chair of the National Urban Māori Authority.

“It is a covenant of Aotearoa New Zealand that cannot be reneged on. The Crown under the law must support its relationships with Māori under the Treaty of Waitangi (te Tiriti o Waitangi).”(1)

The Waitangi Tribunal agree saying, “Even though the people who agreed to that sacred covenant are no longer alive, their descendants still honour its words. The coming together of different races in this country began with the Treaty and it cannot be suppressed.”

In the report it says the Bill is “unfair”, “discriminatory” and “inconsistent” with the principles of partnership and reciprocity, alive protection, good government, equity and redress, and contrary to the article 2 guarantee of rangatiratanga, duty to act in good faith and act reasonably.

Lady Tureiti was an interested party in the WAI 3300 matter and provided evidence in the form of a historic letter from the Acting Deputy Director-General of Ministry of Health sent out to all District Health Boards in 2006. (2)

It directed them not to make any direct reference to the Treaty of Waitangi or its principles in any new policy, actions, plans or contracts.

“This is history repeating itself and must be abandoned.”

“Otherwise the proposed Treaty Principles Bill that impacts at least 40 pieces of legislation makes Te Tiriti invisible to those with decision-making powers in the government responsible which is a blatant breach and inexplicable.”

Eighteen years ago, Lady Tureiti saw the real-life implications of such a move where it would mean disinvestment, contestable contracting process where larger non-Māori Providers could invest significant funds to get the contract.

Māori for Māori contracts vanished and the DHB and the Ministry of Health ended multiple contracts they had with Māori Providers to deliver services to Māori. Those contracts were given to non-Māori Providers instead.

The Tribunal in the Hauora report found that Māori face racism in the Health system but that Māori Providers are the benchmark for the entire Primary Health Sector.

The consequence of the loss of contracts from Māori Providers directly translates to worse health outcomes for Māori. She believes Māori face yet again the same prospect with the Treaty Principles Bill.

It will be considered by Cabinet on 2 September 2024.

1. https://www.legislation.govt.nz/act/public/2020/0040/latest/LMS356875.html
2. Memorandum of Counsel regarding evidence 1 May 2024 and letter (annexure)

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