Principles of the Treaty of Waitangi Bill diminishes Māori rights: NZLS

Bill is "fundamentally inconsistent" with Treaty principles, the organisation says

Principles of the Treaty of Waitangi Bill diminishes Māori rights: NZLS

The Principles of the Treaty of Waitangi Bill diminishes Māori rights, the NZ Law Society said in a submission.

The organisation said there were “strong constitutional, public law, natural justice and process reasons” to halt the progression of the legislation. It highlighted the following key concerns:

  • the bill’s proposal to unilaterally impose new Treaty principles that differ completely from existing te Tiriti/the Treaty terms or principles; the new principles “appear to be improperly oriented by reference to the three Articles of te Tiriti/the Treaty”
  • in addition to restricting the rights of Māori under te Tiriti/the Treaty, the bill weakens the current Treaty principles’ stability and relative certainty
  • the bill’s use of general language to equate “everyone’s” rights with Treaty partners’ rights may drive uncertainty, as with its use of language of procedural equality
  • the bill creates complexity and uncertainty through the two “sets” of Treaty principles introduced, contradictory clauses and clause 9’s “legal fiction”
  • the “deficient” process for such a significant bill would drive major constitutional change
  • concerns about substance and procedure have resulted in a bill that is “fundamentally inconsistent” with existing Treaty of Waitangi principles and the te Tiriti/the Treaty text

“The Law Society does not typically comment on a bill’s underlying policy, unless it raises constitutional, rule or law, or rights issues. In this instance, the bill raises fundamental issues in all three areas”, the organisation wrote as it emphasised its desire to be heard on the submission.

It pointed out that the bill was introduced to the House by the Crown without consulting or engaging with Māori or with constitutional experts and pūkenga. The Law Society recommended that adequate time be given to design, carefully consider, debate and amend the reform proposals; moreover, the policy development process should involve seeking input from Māori, iwi and hapū.

The Law Society’s submission was prepared with help from the law reform committee.