Principles set to be included in the bill include the recognition of hapū and iwi Māori rights
Cabinet has greenlit the next steps for the progression of the Treaty Principles Bill, Associate Justice Minister David Seymour announced.
Three principles are set for inclusion in the bill, which is currently being drafted. They are as follows:
- a definition of the role of civil government – the New Zealand government’s complete governing power and parliament’s absolute lawmaking power
- the Crown’s recognition of the rights possessed by hapū and iwi Māori on signing the treaty
- an affirmation of the right to equality before the law
“The Treaty Principles Bill provides an opportunity for Parliament, rather than the courts, to define the principles of the Treaty, including establishing that every person is equal before the law”, Seymour said. “Parliament introduced the concept of the Treaty principles into legislation in 1975 but did not define them. As a result, the courts, the Waitangi Tribunal, and the public service have developed a set of principles to justify actions that many New Zealanders view as contrary to the principle of equal rights, including co-governance in the delivery of public services and even ethnic quotas within public institutions”.
He explained that the bill was intended to provide “certainty and clarity, and promote a national conversation about [the place of Treaty principles] in our constitutional arrangements”.
“The principles of the Treaty are not going anywhere. Either Parliament defines them, or the courts will continue to venture into an area of political and constitutional importance”, Seymour said.
Once drafted, the bill will be reviewed by Cabinet before its introduction to Parliament later this year. After the first reading, New Zealanders will be granted the chance to provide feedback during the select committee stage before a diverse group of MPs.
“The bill will not alter or amend the Treaty itself. It will be used to assist with the interpretation of legislation where Treaty principles would normally be considered relevant, in addition to legislation that refers to Treaty principles directly”, Seymour said. “Far from being a divisive document, the Treaty is a powerful guide for New Zealand’s future, establishing that all New Zealanders have the same rights and duties, and that the government has a duty to protect those rights”.
