Act leader David Seymour said the earlier introduction of the Treaty Principles Bill is a normal process and not a surprise.
Treaty lawyer and Indigenous Rights Governance Partner to the Human Rights Commission, Dayle Takitimu, agreed it’s unsurprising but said the Government very often takes unilateral action without consulting Māori.
“The timing is disappointing, the progression of this bill is disappointing for those that are seeking proper recognition of Te Tiriti o Waitangi in our legal and constitutional landscape, disappointing but not unsurprising.”
If the Government is serious about having this discussion it needs to be underpinned by good information, Takitimu said.
The hīkoi against the proposed bill is going ahead as planned, despite its earlier introduction to Parliament. Photo / RNZ, Jessica Hopkins
“We do absolutely insist that those discussions are underpinned by accurate information, good information and they are really enabling people to have that discussion with the benefit of being fully and properly informed.
“That’s not the current backdrop for this piece of legislation, in fact, quite the opposite could be said that there’s a whole lot of race-baiting going on.”
In part two of the Waitangi Tribunal’s Interim Report – which was released suddenly on Tuesday – the tribunal confirmed its previous recommendations but added one more.
“We recommend the Crown give notice of a motion to the House of Representatives that it refer the bill to the tribunal under section 8(2) of the Treaty of Waitangi Act 1975.”
Once a bill is tabled the tribunal loses jurisdiction, but Takitimu said in this case they are acting within their duties as a permanent commission of inquiry.
“They’re very keen obviously to keep a watching eye on this, what is an extremely contentious and controversial piece of legislation.”
Ngāti Hine leader Pita Tipene told RNZ he could barely put into words how angry the news made him.
“I don’t even know what word can be used to describe this particular action that’s been taken by the Government ... other than it lacks honour. [It is] dishonourable to our ancestors who signed Te Tiriti o Waitangi and had honour.”
Tipene said shifting the date forward was a deliberate attempt to avoid the national hīkoi set to begin next week.
Act Leader David Seymour. Photo / Alyse Wright
“The Government has been purposeful in pre-empting the hīkoi and rushing the introduction of the bill into Parliament, knowing that the hīkoi will arrive on a certain date. It’s really a stunt.”
The Treaty Principles Bill is just one part of attempts to undermine the Treaty, Tipene said.
“I’m talking about taking reference to the Treaty of Waitangi, or Te Tiriti o Waitangi, out of legislation wherever it may be. Let’s not get too focused on the Treaty Principles Bill – even though we should – and look at the whole of what this Government intends to do to totally undermine Te Tiriti o Waitangi.”
Te Rūnanga o Toa Rangatira chief executive Helmut Modlik, who publicly debated Seymour, told RNZ the Act leader should be censured for disparaging remarks against the judiciary and the tribunal.
“One of the few checks and balances we have is the separation of our judiciary ... this coalition has gone out of its way to offer up disparaging remarks to demean and sidestep our judiciary – particularly the tribunal. This should be concerning to all New Zealanders.”
Modlik refutes the idea the bill is about making all New Zealanders equal under the law.
“What it is actually all about is Act simply playing to particular part of the political community and looking for political support. This is not a matter of principle or truth-telling,” Modlik said.
Waikato-Tainui’s Tukoroirangi Morgan labelled the move as a “direct threat to our constitutional arrangements” and the tribunal’s decision to release its findings a day earlier than expected meant more evidence could be used in the debate.
“This Government’s reckless use of its legislative powers is akin to what we see in dictatorship regimes where human rights are regularly trampled by their political leaders.
“This is not how modern first world democracies should operate because we know unfettered power promotes corrupt decision-making processes and distrust in our political leadership and direction.”
Te Rūnanga o Ngāi Tahu kaiwhakahaere Justin Tipa said the Government “continues to waste everyone’s time and energy on a bill going nowhere” and called it an attack on “rangatiratanga”.
Te Rūnanga o Ngāi Tahu Kaiwhakahaere Justin Tipa.
“For Ngāi Tahu, it’s simple. In 1840, Ngāi Tahu rangatira committed to a constitutional monarchy whose right to govern rests on its obligation to recognise and protect the tino rangatiratanga of iwi and hapū.
“There is honour in that agreement; it is not something that should be subject to the whims of political parties.”
Speaking to RNZ’s Midday Report, David Seymour said there were some good reasons for having the Bill.
“It’s actually putting in place the principles of the Treaty of Waitangi that the Treaty of Waitangi Act said existed but failed to define in 1975.”
The first reading of the bill is next Thursday, it will then go to a select committee for about six months before returning for its second reading and ultimate end – if National and New Zealand First stick to their promise to vote it down.
- RNZ
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