Treaty Principles Bill attempting to ‘erase the treaty from the soul of our nation’, Annette Sykes says

Hikoi participants march down Victoria St in Hamilton on day four of a journey to Wellington to protest various issues impacting Māori including the Act Party’s Treaty Principles Bill. Photo / Mike Scott

Treaty lawyer Annette Sykes says the “absolutely deplorable” Treaty Principles Bill is “attempting to erase the treaty from the soul of our nation”.

Sykes told Parliament’s Justice Select Committee on Wednesday it was not surprising thousands of people had marched in protest against the bill in November.

“For me and Te Arawa, it was the first time we had seen 10,000 Māori, Pākehā, Pasifika, Asia, out on the streets, walking in unity to provide a clear stand to actually highlight the damning efforts that are being made to erase the Treaty from the soul of our nation.”

The Treaty Principles Bill proposes replacing the many treaty principles developed over several decades by experts, courts and the Waitangi Tribunal with three new ones created by Parliament.

It is very unlikely to become law. Seymour’s coalition partners, National and NZ First, have already said they will not support the bill past a first reading.

The architect of the bill, Act leader David Seymour, wants to “democratise the debate” over the Treaty “which has until this point been dominated by a small number of judges, senior public servants, academics, and politicians”.

Sykes compared the major impact the bill would have on the Treaty/Te Tiriti with the Magna Carta.

“I implore you, stop tinkering with the constitutional cornerstones. It’s unheard of for me. The Magna Carta is deeply embedded in my legal soul, just like the treaty.

ACT Party leader David Seymour. Photo / Alex Burton

“I would never ever try and see someone rewrite the Magna Carta, and the arrogance of anybody to suggest they have the power, the ability to do so, in this modern time, without discussion and the pre-consent of the other party is absolutely deplorable.”

Former Finance Minister Ruth Richardson says Parliament “must now step up” and define the principles of the Treaty of Waitangi, saying that would be a “proper use of statutory power”.

“The evolution of the principles of the Treaty has happened by accident rather than by design,” she told the Justice Select Committee.

“My point is what Parliament has done has effectively abandoned the definition of the principles of the treaty and let it be determined by unaccountable authorities – the courts, the Waitangi Tribunal, and officialdom.”

Richardson says she supports the timing and text of the bill.

Dame Anne Salmond, a professor of Māori studies at Auckland University, told the committee race was a colonial construct with “no scientific validity and a horrible history”.

“(It’s) associated with slavery, genocide and other atrocities. Te Tiriti is about relationships, it’s not about race.

“In the debates around this bill it’s been used to try and dishonour the promises that were exchanged in Te Tiriti between each of the rangatira and the queen of England.”

She said the Act Party were attempting to rewrite the Treaty to say “what they wished it had said”.

It was a “disgrace to democracy” that the bill had been allowed to continue to the select committee.

“It should be put in the dustbin of history where it belongs.”

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