Te Pāti Māori refusing to face Privileges Committee over Treaty Principles Bill haka

Three MPs have rejected a summons to appear before Parliament’s powerful Privileges Committee over their participation in a haka that temporarily suspended proceedings following the first reading of the controversial Treaty Principles Bill.

Te Pāti Māori co-leaders Debbie Ngarewa-Packer and Rawiri Waititi, and MP for Hauraki-Waikato Hana-Rāwhiti Maipi-Clarke were called to face the committee for behaviour condemned by Speaker of the House Gerry Brownlee.

In a statement, the party says the MPs are refusing to do so over fears they will not get a fair hearing after they say a series of requests they made to the committee were rejected.

Opposing MPs have criticised Te Pāti Māori’s refusal to appear, including NZ First’s Shane Jones. who accused the party of using “nefarious excuses to escape accountability”.

Committee chair Judith Collins said any comments about a Privileges Committee hearing would likely be a breach of privilege.

Te Pāti Māori had asked the committee if it could submit testimony from tikanga Māori expert Tā Pou Temara and from a lawyer but were denied. The party said the hearing date was set without accommodating the schedules of their MPs or their lawyer of choice, Christopher Finlayson, KC.

Te Pāti Māori said its request to have a joint hearing as a party was also denied.

“This decision not only undermines basic legal practices but also perpetuates the ongoing tyranny of the majority against Māori representation,” Ngarewa-Packer, the party’s co-leader, said.

Te Pāti Māori MP Hana-Rāwhiti Maipa-Clarke was among those to perform a haka, at Parliament, after the first reading of the Treaty Principles Bill Photo / RNZ

Members of Te Pāti Māori perform a haka in front of Act MPs during the first reading of the Treaty Principles bill in the House at Parliament. Photo / Adam Pearse

“Parliament continues to dismiss tikanga and justice, and this Committee is no different. They have already decided our fate. This is not a fair hearing. It is a display of power designed to silence us.”

Waititi, the other party co-leader, said no just legal system would tolerate this.

“How can we defend tikanga [custom] when their decisions are predetermined? The committee’s actions are yet another example of how Māori voices are systematically marginalised, entrenching discrimination within the halls of power.”

The statement said the MPs were refusing to attend the hearing because the conditions imposed denied them the right to a fair hearing.

Jones scoffed when asked about the matter, saying he had “had enough of these cultural Smurfs”.

“They’re trying to reduce the mana and the kawa [protocol] of Parliament.

“[I] think probably they realise they’ve done wrong and they’re using all these nefarious excuses to escape accountability.”

Act leader David Seymour believed Te Pāti Māori had broken Parliament’s rules by discussing a matter before the Privileges Committee and he criticised the party’s position.

NZ First's Shane Jones with party leader Winston Peters at the Waitangi Treaty Grounds. Photo / Dean Purcell

“Everyone else plays by the rules. At some point, people need to ask why does Te Pāti Māori think that different rules apply to them?”

Seymour did confirm those appearing before the committee could bring with them legal counsel, which Te Pāti Māori claimed it had been denied.

Maipi-Clarke, Parliament’s youngest MP, brought Parliament to a standstill in November when she ripped up the Treaty Principles Bill, threw it on the ground and performed a haka along with other MPs in front of Seymour, the architect of that bill.

The haka was heard around the world with at least 700 million views on social media.

Many Opposition MPs stood and joined the haka from their seats. Labour’s Peeni Henare was sent to the Privileges Committee last month because he stepped away from his seat and on to the floor to perform.

He apologised to the committee for knowingly breaking Parliament’s rules but stood by his haka.

The Act Party bill proposes replacing the many Treaty principles developed over decades with three new ones determined by Cabinet. It is unlikely to become law as National and NZ First have stressed they will not support it at the second reading.

Te Pāti Māori, along with the other opposing parties, has been a staunch critic of the proposal since it was first unveiled.

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