The Treaty Principles Bill has been published: here’s what it contains

A four-page bill on the principles of the treaty has been introduced and will be debated in parliament next week.

As with all bills, the text begins with an explanatory note, includes references to some guidance on the matter, such as a regulatory impact statement, and lays out the specific language that the bill would change if enacted.

All parties except ACT have committed to voting for the bill at a second reading once it is selected by committee, which will prevent it from being passed into law.

The Bill states that the principles of the Treaty of Waitangi will be enshrined in law and requires those principles to be used in interpreting legislation where appropriate.

The final clause of the Bill states that nothing in the Bill will amend the text of the Treaty of Waitangi or Te Tiriti o Waitangi.

The presented bill enshrines the following principles:

• Principle 1: The Executive Government of New Zealand has full powers to govern, and the Parliament of New Zealand has full powers to make laws, (a) in the best interests of everyone; and (b) consistent with the rule of law and the maintenance of a free and democratic society.
• Principle 2: (1) The Crown recognizes, respects and protects the rights which hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time of its signature. (2) However, if those rights are different from everyone’s, subclause (1) applies only if those rights are agreed upon in the settlement of historic treaty claims under the Treaty of Waitangi Act 1975.
• Principle 3: (1) Everyone is equal before the law. (2) Everyone has the right, without discrimination, to (a) the equal protection and equal benefits of the laws; and (b) equal enjoyment of the same fundamental human rights.

The Bill also states that Treaty principles “other than those set out” in the Treaty Principles Bill “shall not be used to interpret the regulation” and clarifies that the Treaty Principles Bill does not apply to the interpretation of the Treaty Regulations Act. or the Treaty of Waitangi Act 1975 in relation to historical treaty claims.

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Chronology

• The bill was introduced into parliament on November 7.
• Hikoi protesting the bill begins on 10 November, departs Cape Reinga on the 11th and arrives at Parliament on Monday 18 November.
• Debates on the bill in the first reading will take place from November 11 to 15. Prime Minister Christopher Luxon will not be in the country during the reading.
• After the first reading, the bill will be sent to a select committee for a six-month public hearing process.
• After the work of the select committee, the bill will be sent for discussion at the second reading in parliament, where all parties except ACT have promised to vote against it.

Joke about early acquaintance

The news came out on Tuesday that the bill will be introduced into parliament this week – two weeks earlier than previously expected.

The change in timing came as the Waitangi Tribunal rushed to release second part its report on the bill, as well as a review of the treaty provisions set out in the NZ First coalition agreement.

It was a fight because the Tribunal usually cannot publish material related to government bills after they have been introduced.

After the company was notified of the change in deadlines in a government brief, it informed the lawyers presenting evidence for its report so that they could submit all their evidence on time.

Seymour accused the Tribunal of undermining the government’s confidence on this issue.

Te Pati Māori co-chair Rawiri Waititi also condemned the previous introductionstating that he believed it was intended to stop the planned hikoi. (Organizers said they would not move the hikoi.)

Seymour said it was “much ado about nothing.”However, the date change was simply part of normal parliamentary processes.

This was supported to some extent by most political parties, with Labor’s Chris Hipkins saying they would not normally expect to be informed of a change in the implementation date. Meanwhile, the Greens welcomed the opportunity to scrutinize the details of the bill.

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