Te Tiriti o Waitangi is the core agreement that affirms a place to belong and to stand for everyone in Aotearoa New Zealand, says Te Kāhui Tika Tangata Human Rights Commission.

In its submission calling for a halt to the Treaty Principles Bill, the Commission recalls the words of Bishop Manuhuia Bennett who described Te Tiriti as ‘the promise of two peoples to take the best possible care of each other’.

The Bill, which has been introduced to Parliament earlier than expected, seeks to define in law the principles of the Treaty of Waitangi/Te Tiriti. It is based on ACT party policy as agreed in its coalition agreement with the National Party.

In its submission on the Bill, the Commission supports the views of the Waitangi Tribunal and Government officials that it will create “uncertainty, unpredictability and confusion” and “give rise to systemic racism”.

The Commission’s Rongomau Taketake Indigenous Rights Governance Partner, Dayle Takitimu, said the Government had completely ignored the Waitangi Tribunal’s recommendations in its interim report Ngā Mātāpono, including for the Bill to be abandoned.

“The Tribunal is this country’s expert body on Te Tiriti. To ignore any, let alone all, of its recommendations shows this Bill is not, as it’s purported to be, about certainty, equality, education, or respect but merely cynical politicking,” she said.

Te Tiriti o Waitangi in te reo Māori was signed by more than 500 rangatira while the Treaty of Waitangi in English was signed by just 39.

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The authoritative text is without question Te Tiriti, the Commission’s submission says. Further it is clear Te Tiriti confirms Māori self-determination while giving non-Māori a place in Aotearoa and the right to govern themselves. Te Tiriti did not cede Māori authority to govern.

“The Commission firmly opposes the Bill and regards it as unnecessary, unworkable and in breach of human rights and Tiriti obligations.”

Several concerns are raised in the Commission’s submission including that the proposed legislation has been developed unilaterally by one Tiriti partner and in the face of strong opposition from both Tangata Whenua and Tangata Tiriti communities.

The interpretation of Te Tiriti being advanced is flawed and ignored historical context and the substantial body of legal knowledge developed over decades by the courts and the Waitangi Tribunal.

Selective focus on some rights – while overriding others such as the rights of Indigenous Peoples – will undermine rather than advance human rights.

Even if it did not proceed beyond Select Committee, introducing a Bill is likely to foster misinformation and anti-Māori rhetoric, and risked undermining the rights of Māori and Te Tiriti itself, the submission says.

By introducing the legislation, the Government is prioritising agreements between political parties over respecting, protecting and upholding its obligations to Te Tiriti and the country’s commitment to human rights, the submission says.

The Commission’s submission includes six recommendations including that the Government take active steps to raise awareness and understanding of Te Tiriti, the UN Declaration on the Rights of Indigenous People and human rights. It also called on the Government to resume work on a national action plan for the Declaration in partnership with Tangata Whenua.

Global trends of increasing social and political polarisation, with declining national pride and belonging, have a negative effect on social cohesion.

Research on social cohesion in Australia found that the Voice referendum accelerated polarisation even though Australians were overwhelmingly positive about the importance of the relationship with First Nation’s peoples. In the United Kingdom racial discrimination increased during the Brexit referendum in part because racists felt more confident expressing their views, the submission says.

“A thriving, inclusive future for Aotearoa depends on honouring Te Tiriti as a commitment between Tangata Whenua and the Crown, where decisions are not unilaterally made by one for the other. The pathway that this Bill sets us on is one of broken promises, breaches of human rights, and the creation of conflict, uncertainty and ongoing grievances, that future generations will be left to resolve,” the submission concludes.

On November 5 the Waitangi Tribunal published Ngā Mātāpono/The Principles: Part II of the Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry Panel on The Crown’s Treaty Principles Bill and Treaty Clause Review Policies.

The earlier findings and recommendations in the Tribunal’s interim report (see above) have not changed.

As this Bill poses significant risks to human rights, notice of the Commission’s submission will go to several United Nation’s bodies including:

• the Permanent Forum on Indigenous Issues (UNPFII)
• the Expert Mechanism on the Rights of Indigenous Peoples (EMRIP)
• the Global Alliance of National Human Rights Institutions (GANHRI).

Notes:

• In the 1992 Te Roroa Report (Wai 38), Waitangi Tribunal member Bishop Manuhuia Bennett called Te Tiriti o Waitangi the "promise of two peoples to take the best possible care of each other" providing a place to stand.
• Tangata Tiriti means ‘people of the Treaty of Waitangi’ in te reo Māori. It refers to all people who have migrated to Aotearoa and are not Tangata Whenua. This term recognises that te Tiriti provides people who are not Tangata Whenua with a ‘place to stand’ in Aotearoa.
• Dayle Takitimu (Te Whānau-ā-Apanui, Ngāti Porou) is the Rongomau Taketake Indigenous Rights Governance Partner for the Human Rights Commission. This is a senior governance role in the Commission.
• The Commission’s submission is being provided in advance of the submission process for the Bill being open.
• Interviews on the Commission’s submission are available in te reo Māori and English.
• The Commission is publicly releasing its submission in advance of Parliament’s call for submissions if/when this bill is referred to Select Committee.

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