National leader Christopher Luxon, Act leader David Seymour, and NZ First leader Winston Peters sign their coalition agreement
National has agreed to support Act’s policy for a binding public referendum on defining the principles of the Treaty of Waitangi through its first stage.
It was one of the more controversial policies in the election campaign; even coalition partners in National Party leader and incoming Prime Minister Christopher Luxon called it “divisive” and NZ First did not support it.
The policy was a high priority for Act, and the party was able to secure an agreement with National that the new Government would support a Treaty principles bill through the first reading and to select committee “as soon as practicable”.
Act leader David Seymour confirmed to the Herald the bill would include a requirement for a public binding referendum as part of a commencement clause.
“The coalition commitment is based on current Act policy [which is for a referendum].
“The onus is on us to persuade people that this has got to be a positive thing. Some people don’t think so. I think they’ve got that wrong.”
The commitment does not ensure there will be a referendum, as National and NZ First have not pledged any support beyond the committee stage, but does ensure there will be a national conversation about the issue.
All three parties have expressed concern about the way the Treaty has been interpreted in recent years and opposed using the Treaty as a justification for setting up the Māori Health Authority, Te Aka Whai Ora, or for an expansion of co-governance beyond Treaty settlements.
National leader Christopher Luxon, Act leader David Seymour and NZ First leader Winston signing their coalition agreement. Photo / Mark Mitchell
But National and NZ First both opposed Act’s idea of a public referendum.
Asked about the compromise deal, Luxon said the parties had different views on the issue and so had decided to support it to select committee but with no commitment beyond that.
NZ First leader Winston Peters said “what Mr Seymour asked for, he’s got”.
“Whether that happens will depend on the wisdom of the submissions to the select committee and what new information Parliament accepts to be true to take it forward in the way Mr Seymour needs.”
Act leader David Seymour, National leader Christopher Luxon and New Zealand First leader Winston Peters walk to the signing ceremony to announce their new Government. Photo / Mark Mitchell
It is likely the work will come under the justice portfolio, which is held by National’s Paul Goldsmith. Goldsmith told the Herald specifics about the process were “to be determined”.
Seymour said he thought Goldsmith was well qualified to carry out the work, but asserted that Act would be very involved in the process.
Such a referendum would ask New Zealanders to support Act’s interpretation of the Treaty and its principles, rather than the interpretation arrived at through decades of examination from court cases, academic study, and the Waitangi Tribunal.
As previously reported by the Herald, the principles of the Treaty were developed as a way to reconcile the differing English and Māori versions of the Treaty. They have been set out by the Waitangi Tribunal, the courts and the Government at various times.
In 1989 they were first spelt out by the Government as five principles (the first three being based on the articles of the Treaty itself) upon which the ensuing Treaty settlements were based, as follows:
The Kawanatanga Principle recognising the right of the Government to govern;
The Rangatiratanga Principle recognising the right of iwi to self-management;
The Principle of Equality recognising all New Zealanders are equal before the law;
The Principle of Reasonable Co-operation between iwi and government on matters of major concern;
The Principle of Redress, acknowledging the resolution of grievance through the courts, the Waitangi Tribunal or direct negotiation.
Act’s current proposal would be to redefine the principles of the Treaty as:
Senior Māori Labour MPs Kelvin Davis and Willie Jackson both said they were motivated to stay on because of the need to fight Act’s proposal for a referendum on the Treaty of Waitangi.
Jackson said he was hearing from some they were ready to “go to war” over the matter.
“Be very clear, I don’t want any disruption or violence ... but I do understand our people’s frustration and anger if this was to go ahead.”
National’s agreements with Act and separately with NZ First also include pledges to remove co-governance from the delivery of public services, as all three parties had campaigned, along with instruction that public services be provided on the basis of need rather than race.
Other policies include restoring referendum requirements to introduce Māori wards and repealing the Canterbury Regional Council (Ngāi Tahu Representation) Act 2022.
The agreement with NZ First will also see a review of all legislation, aside from Treaty settlements, that include reference to the “principles” of the Treaty of Waitangi.
The agreement with NZ First includes a pledge to replace all such references with specific words relating to the relevance and application of the Treaty, or repeal the references.
