Treaty Principles Bill Hits Parliament

  • Hon David Seymour

Associate Justice Minister David Seymour has welcomed the introduction of the Treaty Principles Bill to Parliament and says it will have its first reading next Thursday.

"Parliament introduced the concept of the Treaty principles into law in 1975 but did not define them. As a result, the courts and the Waitangi Tribunal have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights. Those actions include co-governance in the delivery of public services and ethnic quotas in public institutions.

"The principles of the Treaty are not going anywhere. Either Parliament can define them, or the courts will continue to meddle in this area of critical political and constitutional importance. The purpose of the Treaty Principles Bill is for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.

"Cabinet has agreed to make one change to an earlier version of the principles. The wording of principle two has been narrowed to provide that the rights of hapū and iwi differ from the rights everyone has a reasonable expectation to enjoy only when those rights are agreed to as part of a Treaty settlement. This has occurred because the previous wording was too broad.

"Once the Bill has had its first reading, every New Zealander will have the opportunity to provide their views on the Bill at the select committee stage.

"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.

"Far from being a divisive document, the Treaty is a powerful guide for New Zealand's future, establishing that all New Zealanders have equal rights, and that the government has a duty to protect those rights.

"I am looking forward to this important national conversation about the place of the Treaty in our constitutional arrangements."

Note to editors: A link to the bill is here.

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