Labour's Maori MPs told to toe the line

'The Maori caucus is not in favour of it,' Parakura Horomia said. Picture / Wairarapa Times-Age

Labour's Maori caucus is gagging about having to support the first reading of a New Zealand First bill removing references to the principles of the Treaty from legislation, but have been told they have no choice.

The bill is expected to be read tomorrow and it is likely Parliament will be treated to the unusual sight of seeing some of the Maori electorate MPs speaking against the bill in the House as they vote in favour of it.

Labour agreed to support the bill through to select committee as part of its confidence and supply agreement with NZ First, but is unlikely to support it beyond that.

The members bill, introduced in list MP Doug Woolerton's name, is the same bill as that introduced in leader Winston Peters' name in February last year, which failed to pass the first reading.

It remained unclear last night whether NZ First had the numbers to get the bill passed through the first reading.

National has previously supported it, but deputy leader Gerry Brownlee raised concerns about it yesterday and appeared to indicate it might vote against it.

The caucus would reach a final decision today, he said.

This would mean the bill's future rests with United Future and the Herald was unable to ascertain its position last night.

Labour's Maori caucus is aware they stand to get a hammering from the Maori Party for supporting the bill and is understood to have raised its concerns with the Prime Minister, but to no avail.

Her spokeswoman referred the Herald to the confidence and supply agreement yesterday and said "Labour MPs will support it going to a select committee for consideration".

An unsuccessful approach was also made to NZ First, asking it to delay the bill's first reading.

Maori Affairs Minister Parekura Horomia said through a spokeswoman yesterday the Maori caucus would support the first reading but added "the Maori caucus is not in favour of it, but will be encouraging Maori to make submissions at select committee".

The bill would "affect all Treaty settlements and obligations to consult in any processes", he warned.

Tainui MP and minister Nanaia Mahuta echoed the same concerns and encouraged Maori to submit.

She said there appeared to be some public concern about the issue and it would be useful to put the facts before the community via the select committee process.

Together with other MPs, she said if given the opportunity she might speak against the bill on Wednesday. "I certainly won't be speaking in favour of it."

NZ First Maori Affairs spokesman Pita Paraone said the bill wasn't bad for Maori and would not diminish the status of the Treaty in legislation - rather it would remove widespread uncertainty about what the references to the principles meant.

Mr Woolerton said NZ First would be "disappointed" if some Labour MPs voted against it, saying his party had to sometimes support legislation it was unhappy with because of the confidence and supply agreement.

Mr Brownlee described the bill as "quite a clumsy piece of work. We'd need some persuading that taking reference to the principles of the Treaty out of settlement legislation is a good move. Why would you want to rock the boat on matters that are already settled?"