How Treaty Principles Bill has the potential to honour Te Tiriti’s promises

The Hikoi Mo te Tiriti outside Parliament in Wellington. Photo / Mark Mitchell

• From the 1980s onward, New Zealand’s legal and political frameworks increasingly incorporated Treaty principles, including partnership, active protection, and redress.
• The Waitangi Tribunal’s expanded powers enabled significant historical settlements with iwi, addressing past injustices.
• David Seymour’s Act Party is the architect of the Treaty Principles Bill, which had its first reading in Parliament on November 14.

Reynold Macpherson has been chairman of the Rotorua District Residents and Ratepayers for 10 years after an international career in educative leadership research and practice in school and higher education.

OPINION

Since the signing of Te Tiriti o Waitangi in 1840, interpretations of its significance have undergone profound transformations, mirroring evolving moral philosophies and societal attitudes toward justice, sovereignty, and cultural respect. These shifting perceptions underscore the complexities of reconciliation in New Zealand’s bicultural and increasingly multicultural context.

Initially, the Tiriti was understood differently by Māori and British signatories, reflecting their distinct cultural and moral frameworks. Māori leaders viewed the Treaty as a safeguard for their lands, authority (tino rangatiratanga), and customs while fostering an alliance with the Crown. The Māori text emphasised shared governance, mutual respect, and protection of Māori autonomy, grounded in natural law principles that upheld inherent rights and reciprocity. However, the British interpreted the Treaty as a transfer of sovereignty to the Crown, aligning with their Eurocentric moral philosophy that rationalised colonial expansion as a civilising mission.

These divergent interpretations set the stage for conflict during the colonial era, as British authorities increasingly disregarded Māori perspectives. Throughout the mid-19th century, settler Governments prioritised colonial settlement and economic growth, often at the expense of Māori rights.

Utilitarian ethics, emphasising the “greater good” for the majority settler population, were evident in policies of land confiscation, resource expropriation, and warfare. These actions led to significant distributive injustices, exacerbating Māori disenfranchisement and fuelling resistance.

In the early 20th century, legal and political discourse largely marginalised Te Tiriti, reflecting the influence of legal positivism. Successive Governments treated the Treaty as legally irrelevant, focusing instead on laws enacted by the sovereign state. This positivist approach ignored the moral obligations inherent in the Treaty, further entrenching systemic inequities. Despite this, Māori continued to advocate for the Treaty’s recognition, invoking its promises of protection and partnership.

The post-World War II period marked a turning point, as Māori activism reignited efforts to assert Treaty rights and address historical grievances. Leaders emphasised principles of justice, equality, and ethical responsibility, drawing on rights-based moral philosophies. The establishment of the Waitangi Tribunal in 1975 symbolised a renewed commitment to addressing breaches of the Treaty, reflecting a shift toward Kantian ethics. This period saw growing recognition of Māori autonomy and the moral duty to honour Te Tiriti’s promises.

From the 1980s onward, New Zealand’s legal and political frameworks increasingly incorporated Treaty principles, including partnership, active protection, and redress. The Waitangi Tribunal’s expanded powers enabled significant historical settlements with iwi, addressing past injustices. These efforts were underpinned by distributive justice principles, focusing on the redistribution of land and resources to rectify historical wrongs. Restorative justice also emerged as a central philosophy, aiming to repair relationships, acknowledge harm, and foster reconciliation between Māori and the Crown.

Signing of the Treaty of Waitangi in 1840.

In recent decades, Te Tiriti has been acknowledged as foundational to New Zealand’s identity, though debates about its role in governance and public life persist. Contemporary discussions reflect an embracing of pluralism and equity, emphasising the moral and legal recognition of diverse cultural identities. Political pluralism advocates for inclusive governance structures that respect the rights and participation of all cultural groups, while equity-based moral philosophies seek to redress systemic inequalities and ensure fair outcomes for marginalised communities.

Emerging concepts such as decolonisation and superdiversity have further shaped perceptions of Te Tiriti. Decolonisation focuses on dismantling colonial legacies in law and policy, addressing structural inequities, and fostering intercultural respect. Superdiversity recognises the complexities of identity in a globalised, multicultural society, calling for governance frameworks that accommodate Māori and Pākehā perspectives alongside those of other cultural groups. These perspectives emphasise the importance of preparing New Zealand’s institutions and policies for a future defined by demographic and cultural diversity.

Reynold Macpherson. Photo / Andrew Warner

The proposed Treaty Principles Bill represents a significant opportunity to advance these goals. By embedding Te Tiriti principles in binding governance frameworks, the bill could ensure meaningful recognition and implementation of the Treaty’s obligations. Such a framework would reinforce commitments to pluralistic majoritarianism, where democratic decision-making respects both majority rule and the rights of diverse minorities. To be effective, the bill must address structural inequalities through practical measures, promote intercultural dialogue, and uphold the principles of partnership, active protection, and redress.

The evolving perceptions of Te Tiriti o Waitangi illustrate the interplay between historical injustices and contemporary aspirations for equity and inclusion. From natural law and utilitarianism to rights-based ethics and pluralism, these shifting moral philosophies have shaped New Zealand’s journey toward reconciliation.

The Treaty Principles Bill has the potential to honour Te Tiriti’s promises while fostering a society that embraces its bicultural heritage and navigates the complexities of its superdiverse future. By grounding governance in principles of justice, respect, and equity, New Zealand can build a more inclusive and principled national identity.