Understanding ACT’s Treaty Principles Bill
The ACT Party’s Treaty Principles Bill aims to reshape how the principles of the Treaty of Waitangi are defined and applied within New Zealand’s legal framework. Currently, these principles lack a definitive legal definition, leading to varying interpretations by the judiciary, Waitangi Tribunal, and other institutions, something ACT says has created racial distinctions in service access and governance, which they argue are not aligned with the original intentions of the Treaty.
Purpose of the Bill
The Treaty’s original intent was to ensure equal rights for all New Zealanders. The Bill is designed to address what the party sees as a distortion of the Treaty principles, which has resulted in policies that appear to favour one group over another. ACT points to the emergence of co-governance structures and dedicated Māori seats on government boards, which they claim originate from the notion of a “partnership” between Māori and the Crown — a concept that, ACT argues, was not present in the original Treaty text but developed through subsequent legal interpretations.
The Importance of Clear Founding Documents and Equal Rights
A nation’s founding document holds a pivotal role in shaping its identity, governance, and societal values. Ensuring that this document is clearly understood and unambiguously defined is crucial for maintaining harmony and guiding its application across all aspects of society. Without a shared and transparent interpretation, foundational documents like the Treaty of Waitangi can lead to varying interpretations, creating confusion and potential divisions within the population. This makes it vital that every party—both governing bodies and the public—has a consistent understanding of what the document guarantees and represents.
Equally important is the principle of equal rights for all citizens, regardless of ethnicity. A cohesive and inclusive society depends on the assurance that every individual is subject to the same laws and enjoys the same opportunities, no matter their ancestry or background. When rights and responsibilities are divided based on ethnicity, it can undermine the principle of unity and equality that should underpin any modern nation. Ensuring equal rights and opportunities fosters a sense of belonging and fairness, creating a foundation where all people can contribute meaningfully to the nation’s future. This emphasis on clarity and equality is not just a legal necessity but a moral obligation to uphold the integrity of the nation’s values and ensure that every citizen is treated with dignity and respect.
Key Principles Outlined in the Bill
The Bill’s principles are directly linked to the three core Articles of the Treaty:
- Civil Government: Representing the sovereignty established in Article One, the Bill reaffirms that the New Zealand Government retains full authority to govern the nation and implement laws.
- Rights of Hapū and Iwi: This principle recognises the Crown’s obligation to protect the rights and property ownership of hapū and iwi as stated in Article Two. However, these rights do not warrant separate political or legal structures unless they are explicitly outlined in specific legislation or Treaty settlements.
- Right to Equality: The Bill emphasises Article Three’s guarantee of equality before the law, ensuring that all New Zealanders are treated equally, regardless of race. The aim is to apply a consistent set of laws and offer equal rights and opportunities to everyone, regardless of their heritage.
Criticism of Current Interpretations
ACT contends that the current interpretations of the Treaty principles have led to disparities, with Māori and non-Māori treated differently within public services and governance models. They argue against co-governance frameworks that confer separate status or special consultation rights to Māori. ACT highlights examples such as the establishment of a distinct Māori health authority as indicative of a departure from the principle of equal treatment for all citizens.
Controversy Surrounding the Bill
The Bill is controversial because it seeks to define the legal understanding of the Treaty of Waitangi, which has been interpreted differently through judicial rulings and the work of the Waitangi Tribunal over the years. ACT argues that the idea of a “partnership” between the Crown and Māori has fostered policies that divide New Zealanders into separate groups with differing rights and responsibilities.
Future Path and Public Input
If the Bill advances in Parliament, it will undergo the standard legislative process, including a select committee phase where all New Zealanders – including Māori, can present submissions and express their perspectives. ACT has also suggested that the Bill be subjected to a national referendum, similar to the approach used for the End of Life Choice Act. This would allow the general public to decide whether the proposed redefinition of Treaty principles should become law.
For further details and updates, visit the Treaty Principles Bill website.
