OPINION
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Welcome to Inside Politics. As opposition to Act’s Treaty Principles Bill mounts, it is ironic that one of its stated aims in the bill’s explanatory note is to build greater “social cohesion” and create greater “certainty and clarity”.
Added to the opposition are the views of more than 40 King’s Counsels who yesterday signed a letter to the Prime Minister and Attorney-General explaining why the bill overturns settled law and undermines the Treaty itself.
Act leader David Seymour simply dismisses the criticism, claiming that the words of the Treaty itself are not affected.
But the KCs make a convincing argument that the bill, if passed, would change the effect of the Treaty in law.
The effect of article two of Seymour’s principles recognises Māori rights at 1840 only when they are incorporated into Treaty settlements with the Crown.
The KCs conclude: “This principle erases the Crown’s article 2 guarantee to Māori of tino rangatiratanga...”
They explain that the main principles, including partnership, active protection, equity and redress, have been developed over 50 years and “shape the way in which the Crown, in specific circumstances, delivers on its obligations to Māori”.
“The Treaty Principles Bill would have the effect of unilaterally changing the meaning of Te Tiriti and its effect in law, without the agreement of Māori as the Treaty partner.”
In another development, Crown Law’s Bill of Rights Act vet on the bill gives it the green tick, but on rather extraordinary grounds.
“The advice more or less says that unless the bill explicitly states that the aim is to reduce Māori rights, the courts are not likely to interpret the bill in a way that is inconsistent with minority rights. In other words, the courts would find a way around Seymour’s intent.
The bill will get its first reading this afternoon after Question Time and Justice Minister Paul Goldsmith will speak for National setting out its differentiation.
The hīkoi which is scheduled to arrive at Parliament next Tuesday is only partly motivated by opposition to the bill, says one of its leaders, Eru Kapa-Kingi – it comes in response to a raft of policies.
By the way, Kapa-Kingi is the son of Te Pāti Māori’s Mariameno Kapa-Kingi, the MP for Te Tai Tokerau.
Both Prime Minister Christopher Luxon and Labour leader Chris Hipkins delivered the best speeches they have ever given in the formal apology to survivors of abuse in care on Tuesday.
Neither has excelled at giving speeches before, but it was clear they had spent time carefully crafting their speeches and delivered them with sincerity.
The occasion also demanded a spirit of bipartisanship and Hipkins offered to put politics aside when it comes to setting up a new redress system for abuse survivors.
However, whether bipartisanship will hold if the actual amounts offered are a pittance is a different matter.
Incidentally, another bipartisan move emerged yesterday in a discussion document about changing the framework for public-private partnerships.
Labour finance spokesperson Barbara Edmonds has been involved and has co-written the foreword with Infrastructure Minister Chris Bishop.
As well as delivering a strong speech in Tuesday’s formal apology, Chris Hipkins has made three strong speeches in the last three weekly general debates.
Yesterday’s was on National’s position on the Treaty Principles Bill; the previous one was on how he saw the Government taking the country backwards; and the one before that was about Andrew Bayly calling a worker a “loser” during a ministerial visit.
It is an unusual tactic for a leader to speak so often, but not a bad one for Hipkins.
He is a strong performer in the House; the best on his team. Strong performances by leaders always lift morale in the party. That will help as Hipkins goes into the party’s conference in two weeks, the first since the election defeat.
Earlier this week, I did a piece on the best performers in the Opposition, including the Greens and Te Pāti Māori but excluding party leaders.
There has been some interest in my comment that Arena Williams is being talked about as a leader in the distant future. We are not talking about this term, or even next term, but possibly the one after that.
Christopher Luxon has attended plenty of leaders’ summits in the past year, but none is quite in the same league as Apec, which is being hosted at the weekend by Peru in Lima.
United States President Joe Biden and Chinese President Xi Jinping will be there, but its membership also comprises some important subsets, including most of the leaders of Asean, the CPTPP, four of the Five Eyes, and Nato’s Indo-Pacific 4.
Biden is in his lame-duck period and, while Luxon wouldn’t sniff at a formal meeting with him, Luxon has already secured a valuable meeting with Xi Jinping.
The other most sought-after meetings by New Zealand – and everyone else – should be with three important new leaders attending for the first time: Japanese Prime Minister Shigeru Ishiba, Indonesian President Prabowo Subianto and Thailand Prime Minister Paetongtarn Shinawatra.
Incidentally, it is the third time in 17 years that Lima has played host.
“Today, I am apologising on behalf of the Government to everyone who suffered abuse, harm and neglect while in care. I make this apology to all survivors on behalf of my own and previous governments. You deserved so much better” – Prime Minister Christopher Luxon on Tuesday.
“Today, I want to confirm that for the serious matter of redress and compensating our survivors, we’re taking politics off the table and will commit to finally paying back this debt” – Opposition leader Chris Hipkins.
Who is the Green Party’s spokesperson for the environment? (Answer below.)
Goes to serial idiot and heckler Karl Mokaraka, a former candidate for Destiny Church’s Vision NZ Party who interrupted Christopher Luxon’s apology to abuse survivors in Parliament on Tuesday. He pulled similar stunts during last year’s election campaign, spouting similar drivel.
Goes to Erica Stanford for her able management so far of the Government’s response to the report on abuse of people in care. The toughest job of any current minister.
Abuse redress: Survivors of abuse in care say the Government isn’t acting fast enough on a redress plan.
Abuse apology: Prime Minister Christopher Luxon has delivered a formal apology on behalf of the Government to survivors of abuse in state and faith-based care.
Fast-track consents: Regional Development Minister Shane Jones said rare frogs and other wildlife will not be allowed to get in the way of economic growth after the Government passed its fast-track consent bill.
Prison count: The number of people in New Zealand’s prisons has exceeded 10,000 for the first time in more than four years.
OPINION – MP performance: Opposition power ranking – Audrey Young picks the best performers from Labour, the Greens and Te Pāti Māori.
OPINION – Treaty bill: David Seymour’s Treaty Principles Bill has political rewards for Act and Te Pāti Māori – but not for PM Christopher Luxon, writes Claire Trevett.
OPINION – Trump’s win: Could Donald Trump happen here? The short answer is yes, writes Simon Wilson.
Quiz answer: Lan Pham, a Christchurch-based list MP who served two terms on Environment Canterbury, the regional council.
For more political news and views, listen to On the Tiles, the Herald’s politics podcast.
The contentious bill will have its first reading in Parliament this afternoon.