D-Day for Government's Treaty Principles Bill
Crown seeking end to 'legal mess' with historic bill
The Crown is seeking an end to the 'legal mess' it says has been created by the Waitangi Tribunal and wants a new bill to set out how the Treaty of Waitangi principles should be applied in New Zealand law.
Treaty Negotiations Minister Andrew Little introduced the Treaty Principles Bill to Parliament under urgency on Tuesday.
He said the bill would provide certainty for the Crown, iwi and the public about how the principles would be applied across the public sector.
Treaty Principles Bill a 'power grab' - Māori Party
The Māori Party is calling the Treaty Principles Bill a "power grab" by the Crown.
Māori Party co-leader Rawiri Waititi said the bill would undermine the role of the Waitangi Tribunal and give the Crown the final say on how the Treaty principles are interpreted.
"This bill is a blatant attempt by the Crown to silence Māori voices and to control the narrative around the Treaty of Waitangi," Waititi said.
Government accused of 'cherry-picking' Treaty principles
The government has been accused of "cherry-picking" the Treaty principles in the new bill, with critics saying it focuses on the principles of partnership and active protection, while ignoring the principle of rangatiratanga.
Rangatira is the Māori concept of self-determination, and some Māori leaders say the government is trying to water down the Treaty by ignoring this principle.
"The government is trying to pick and choose which parts of the Treaty it wants to follow," said Māori Council chairman Matthew Tukaki.
Treaty Principles Bill 'not a threat to Tribunal' - Little
Little has repeatedly denied that the Treaty Principles Bill is a threat to the Waitangi Tribunal, saying it will actually strengthen the Tribunal's role.
"The bill will provide the Tribunal with a clear framework to use when making its findings and recommendations," Little said.
"This will give the Tribunal greater certainty and will help to ensure that its decisions are consistent with the principles of the Treaty."
Treaty Principles Bill could lead to 'more not less' litigation - Law Commission
The Law Commission has warned that the Treaty Principles Bill could lead to "more not less" litigation, as iwi and the Crown argue over the interpretation of the Treaty principles.
"The bill does not provide a clear and consistent framework for the application of the Treaty principles," the Law Commission said in a report on the bill.
"This could lead to confusion and uncertainty, and could result in more litigation."
Treaty Principles Bill 'a significant step forward' - Māori Law Society
The Māori Law Society has welcomed the Treaty Principles Bill, saying it is a "significant step forward" in the development of a Treaty-based legal system in New Zealand.
"The bill provides a clear and concise statement of the Treaty principles and will help to ensure that they are applied consistently across the public sector," the Māori Law Society said.
"This is a significant step forward in the development of a Treaty-based legal system in New Zealand."
Treaty Principles Bill 'a missed opportunity' - Amnesty International
Amnesty International has called the Treaty Principles Bill a "missed opportunity" to address the systemic racism that exists in New Zealand's justice system.
"The bill fails to address the underlying causes of the over-representation of Māori in the criminal justice system," Amnesty International said.
"This is a missed opportunity to create a fairer and more just society for all New Zealanders."