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Principles of the Treaty of Waitangi: Difference between revisions





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→‎Opposition to the Treaty Principles: two distinct members bills
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The first Article of the Treaty gives expression to the right of the Crown to make laws and its obligation to govern in accordance with constitutional process. This sovereignty is qualified by the promise to accord the Maori interests specified in the second Article an appropriate priority.<ref>''Principles of the Treaty for Crown Action'', p 9</ref>}}
 
This principle describes the balance between articles 1 and 2: the exchange of sovereignty by the Māori people for the protection of the Crown. It was emphasised in the context of this principle that "the Government has the right to govern and make laws".<ref>''Principles of the Treaty for Crown Action'', p 7</ref> In a 1989 presentation about how the principles of The Treaty of Waitangi were intended to guide Crown action, [[Geoffrey Palmer (politician)|Geoffrey Palmer]] noted: "The First and Second Articles of the Treaty are both strong statements which necessarily qualify one another. Kawanatanga is subject to a promise to protect rangatiratanga. Rangatiratanga is subject to an acknowledgement of kawanatanga."<ref>{{Cite web |last=Geoffrey |first=Palmer |author-link=Geoffrey Palmer (politician) |date=7 July 1989 |editor1-last=Prebble |editor1-first=John |editor2-last=Crawford |editor2-first=Allegra |editor3-last=Lincoln |editor3-first=Laura |title=The Treaty of Waitangi - principles for Crown action |url=https://archive.org/details/principles-for-crown-action |url-status=live |archive-url=httphttps://archive.today/2024.03.21-01093720240321010937/https://archive.org/details/principles-for-crown-action |archive-date=21 March 2024 |access-date=21 March 2024 |page=340|website=Victoria University of Wellington |type=Collected Papers by the Right Honourable Sir Geoffrey Palmer QC Part VI Constitutional Law, Government and Reform. The Treaty of Waitangi, Palmer Paper 26.}}</ref>
 
{{quote box|align=center|title=The Rangatiratanga Principle – The Principle of Self Management|
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==Opposition to the Treaty Principles==
The "Principles of the Treaty of Waitangi Deletion Bill" was introduced to the New Zealand Parliament in 2005 as a [[private member's bill|member's bill]] by [[New Zealand First]] MP [[Doug Woolerton]]. "This bill eliminates all references to the expressions 'the principles of the Treaty', 'the principles of the Treaty of Waitangi' and the 'Treaty of Waitangi and its principles' from all New Zealand Statutes including all preambles, interpretations, schedules, regulations and other provisos included in or arising from each and every such Statute".<ref>{{cite web|url=http://www.nzfirst.org.nz/feature/?i=27|publisher=[[New Zealand First]]|title=Doug Woolerton's Principles of the Treaty of Waitangi Deletion Bill|accessdate=13 June 2007 |archiveurl = https://web.archive.org/web/20070701035301/http://www.nzfirst.org.nz/feature/?i=27 |archivedate = 1 July 2007}}</ref>
 
At the first reading of the bill, New Zealand First leader [[Winston Peters]] said:
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This bill seeks to do three fundamental things. First, as the bill's title implies, it seeks to remove all references to the undefined and divisive term "the principles of the Treaty of Waitangi" from legislation. Second, it seeks to reverse the insidious culture of division that has grown up around the existence of these principles. It has seen Māori pitted against Māori and non-Māori, seen family members pitted against each other, and gone right to the heart of our social fabric. Finally, the bill aims to put an end to the expensive and never-ending litigious programme that has sprung up around these principles. This programme has diverted hundreds of millions of dollars into dead-end paths and away from the enlightened programmes that are the true pathway to success.<ref>{{cite web | url=http://www.parliament.nz/en-nz/pb/debates/debates/47HansD_20050608_00001017/principles-of-the-treaty-of-waitangi-deletion-bill-%E2%80%94-first | title=Principles of the Treaty of Waitangi Deletion Bill – First Reading | work=New Zealand Parliament | accessdate=6 February 2015}}</ref>}}
 
After failing to pass it's first reading, the bill was reintroduced after the 2005 election, with the Labour Party promising to support the bill to select committee as part of its confidence and supply agreement with New Zealand First.<ref>{{cite web |title=Confidence and Supply Agreement with New Zealand First |url=https://assets.nationbuilder.com/nzfirst/pages/3875/attachments/original/1656845221/NZFirst_Labour_Confidence_and_Supply_2005.pdf?1656845221 |publisher=Government of New Zealand |access-date=16 June 2024}}</ref> This time, the Bill passed first reading 111 votes in favour (Labour, National, New Zealand First, United Future, ACT New Zealand, and Progressive), 10 votes against (Green Party, Māori Party).<ref>{{cite book |title=Parliamentary Debates (Hansard) Volume 632 |date=26 July 2006 |publisher=New Zealand House of Representatives |location=Wellington |page=4471 |url=https://drive.google.com/file/d/0B1Iwfzv-Mt3CeHR5Wm9scG1TT28/view?resourcekey=0-iZ0D-_YcEvmj8oJRACjtHw |access-date=16 June 2024}}</ref>
The bill failed to pass its second reading in November 2007.<ref>{{cite web |date=7 November 2007 |title=New Zealand Parliament – Principles of the Treaty of Waitangi Deletion Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/00DBHOH_BILL7417_1/principles-of-the-treaty-of-waitangi-deletion-bill |accessdate=1 November 2011 |publisher=Parliament.nz}}</ref>
 
TheThat bill failed to pass its second reading in November 2007.<ref>{{cite web |date=7 November 2007 |title=New Zealand Parliament – Principles of the Treaty of Waitangi Deletion Bill |url=https://www.parliament.nz/en/pb/bills-and-laws/bills-proposed-laws/document/00DBHOH_BILL7417_1/principles-of-the-treaty-of-waitangi-deletion-bill |accessdate=1 November 2011 |publisher=Parliament.nz}}</ref>
 
In a legal analysis of the bill for Chapman Tripp, David Cochrane argued that without the principles it would probably be an "impossible task" for the Waitangi Tribunal to carry out its role.<ref name="ChapmanTripp" />
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The [[ACT New Zealand|ACT]] party has proposed a referendum on the Principles of the Treaty of Waitangi, something that gained media attention during the [[2023 New Zealand general election]] campaign.<ref>{{Cite web |title=Seymour holds firm on treaty referendum demand |url=https://www.teaonews.co.nz/2023/09/25/seymour-holds-firm-on-treaty-referendum-demand/ |access-date=2023-11-04 |website=Te Ao Māori News |language=en}}</ref><ref>{{Cite news |title=Election 2023: ACT hammers home treaty referendum pledge at campaign launch |language=en |work=Newshub |url=https://www.newshub.co.nz/home/politics/2023/09/election-2023-act-hammers-home-treaty-referendum-pledge-at-campaign-launch.html |access-date=2023-11-04}}</ref><ref>{{Cite web |last= |first= |last2= |date=2023-10-16 |title=NZ could hold referendum on Treaty of Waitangi |url=https://www.skynews.com.au/world-news/global-affairs/nz-could-hold-referendum-on-treaty-of-waitangi-despite-warnings-of-civil-disobedience-over-proposed-changes-to-founding-document/news-story/4507e70d43a78db6feca1e3974444b92 |access-date=2023-11-04 |website=skynews |language=en}}</ref><ref>{{Cite web |date=2023-11-02 |title=What stands in the way of the ACT Party plan for a referendum on the Treaty of Waitangi |url=https://www.rnz.co.nz/news/te-manu-korihi/501486/what-stands-in-the-way-of-the-act-party-plan-for-a-referendum-on-the-treaty-of-waitangi |access-date=2023-11-04 |website=RNZ |language=en-nz}}</ref><ref>{{Cite web |date=2023-11-05 |title=Majority would support Treaty referendum, although unsure if they want to vote on it |url=https://www.nzherald.co.nz/nz/politics/election-2023-majority-would-support-acts-treaty-referendum-although-voters-unsure-if-they-want-to-vote-on-it/CQFL5K2AFVGFBI6QMJWBYO4MI4/ |access-date=2023-11-04 |website=NZ Herald |language=en-NZ}}</ref> There has been opposition to the proposed referendum by those who view it as unnecessary or divisive.<ref>{{Cite web|url=https://www.stuff.co.nz/national/politics/133123493/it-could-lead-to-violence-james-shaws-warning-about-acts-treaty-of-waitangi-referendum|title='It could lead to violence': James Shaw's warning about ACT's Treaty of Waitangi referendum|first=Bridie|last=Witton|date=15 October 2023|website=Stuff}}</ref><ref>{{Cite news|url=https://www.newshub.co.nz/home/politics/2023/11/labour-mp-willie-jackson-warns-of-m-ori-uprising-over-act-s-proposed-treaty-referendum.html|title=Labour MP Willie Jackson warns of Māori uprising over ACT's proposed Treaty referendum|newspaper=Newshub |via=www.newshub.co.nz}}</ref><ref>{{Cite web|url=https://www.rnz.co.nz/news/political/501912/former-pm-jim-bolger-on-act-s-treaty-referendum-plan-it-won-t-and-shouldn-t-happen|title=Former PM Jim Bolger on ACT's Treaty referendum plan - 'It won't and shouldn't happen'|date=8 November 2023|website=RNZ}}</ref>
 
Following the 2023 election and the formation of a [[Sixth National Government of New Zealand|National-led coalition government]], ACT embarked on a public information campaign in early February 2024 to promote its [[Treaty Principles billBill]]. This campaign includes the creation of a new website called "treaty.nz," which has a Questions and Answers section outlining the party's approach to the principles of the Treaty of Waitangi and a video featuring Seymour. Seymour also contested claims that the opposition was trying to rewrite or abolish the Treaty of Waitangi. The public information campaign also came after a leaked [[Ministry of Justice (New Zealand)|Justice Ministry]] memo claimed that the proposed bill clashed with the text of the Treaty.<ref>{{cite news |title=ACT launches Treaty Principles Bill information campaign |url=https://www.rnz.co.nz/news/political/508579/act-launches-treaty-principles-bill-information-campaign |access-date=7 February 2024 |work=[[Radio New Zealand]] |date=7 February 2024 |archive-url=https://web.archive.org/web/20240207015928/https://www.rnz.co.nz/news/political/508579/act-launches-treaty-principles-bill-information-campaign |archive-date=7 February 2024|url-status=live}}</ref>
 
==See also==

Retrieved from "https://en.wikipedia.org/wiki/Principles_of_the_Treaty_of_Waitangi"
 




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