Treaty Principles Bill: David Seymour confirms plans to bring forward controversial bill

Act leader David Seymour denies changing the timing of his Treaty Principles Bill has anything to do with a Waitangi Tribunal inquiry. Photo / Michael Cunningham

Act leader David Seymour has confirmed he plans to introduce his controversial Treaty Principles Bill on Thursday – more than a week earlier than originally planned.

“We do plan to introduce the bill on Thursday so the final text and details will be available for all to see,” Seymour told the Herald.

It comes as the Waitangi Tribunal releases a second report on the bill, finding if the bill were enacted “it would be the worst, most comprehensive breach of the Treaty/te Tiriti in modern times”.

An earlier Cabinet paper showed the bill was initially planned to be introduced to the House on November 18. That date would have been one day before a national hīkoi protesting the bill was set to arrive at Parliament.

However, a Waitangi Tribunal memo sent today and seen by the Herald says the Crown counsel had filed a memorandum indicating intentions for the bill to be introduced on Thursday.

The Waitangi Tribunal released its second report on the bill on Tuesday evening.

Seymour denied the timing was anything to do with the Waitangi Tribunal inquiry.

He said the Waitangi Tribunal had wanted a proposed date, so one was given, but it was not uncommon for dates of legislation to change.

The date of the first reading is not yet known.

Seymour’s bill proposes replacing the many Treaty principles that have been developed over several decades by the courts and other entities with three new ones. He believes Parliament, not the courts, should define the principles.

Seymour’s coalition partners, National and NZ First, have already said they will not support the bill past a first reading. The bill will, however, go to a select committee for six months from November to May.

‘The worst, most comprehensive breach’

The Waitangi Tribunal’s second report on the policy, released on Tuesday evening, said “at present, the progressing of the bill is having serious impacts on the relationship ... but the bill, if enacted, would kill that relationship”.

“We found that if this bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty/te Tiriti in modern times. If the bill remained on the statute book for a considerable time or was never repealed, it could mean the end of the Treaty/te Tiriti.”

The Tribunal said the Crown’s process to develop the bill had deliberately excluded any consultation with Māori.

“This complete disempowerment of Māori in a process to rewrite the principles is unprecedented. It goes against the tenets of good government that Māori are entitled to expect as citizens, let alone as the Crown’s Treaty/te Tiriti partner.

“This exclusion from any say in a process to abrogate fundamental rights is extremely prejudicial, and the impacts will not fade for a long time even if the bill does not proceed beyond the select committee. Any trust or goodwill earned by Treaty settlements is under threat.”

The tribunal said

the Māori-Crown relationship was being damaged, “as officials have repeatedly advised”.

The report follows the Waitangi Tribunal’s first report on the policy, which was released in August.

That one described the bill was unfair, discriminatory and “a solution to a problem that does not exist”.

Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.