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New Zealand faces protests over controversial new bill

The Treaty Principles Bill, introduced by the ACT Party, has sparked heated debate in New Zealand, raising concerns about its potential impact on Māori rights and the foundational partnership established by the Treaty of Waitangi.

In recent days, New Zealand saw peaceful protests with tens of thousands of people marching in Wellington and other cities. Seen as a powerful expression of Māori identity and resilience, the protests stood against the potential revision of one of the nation’s vital documents.

The Treaty of Waitangi, known in Māori as ‘Te Tiriti o Waitangi’, is a foundational document in New Zealand’s history, signed on February 6, 1840. It represents an agreement between the British Crown and various Māori chiefs from the North Island, establishing a framework for British governance while recognizing Māori rights to their lands and resources.

In the late 1830s, increasing numbers of British settlers were arriving in New Zealand, leading to concerns about land transactions and potential French colonization. Māori leaders sought protection from the British against these threats and lawlessness among settlers. The British government decided to negotiate a formal agreement to establish New Zealand as a British colony, which culminated in the Treaty of Waitangi.

The Treaty consists of a preamble and three articles, which differ significantly between the English and Māori versions. Firstly, in terms of sovereignty, the English version cedes ‘all rights and powers of sovereignty’ to the Crown. In contrast, the Māori version uses the term kawanatanga (governance), suggesting that Māori believed they were retaining authority over their affairs.

As for land rights, the English text grants the Crown an exclusive right to purchase Māori land, whereas the Māori version guarantees tino rangatiratanga (full authority) over their lands and treasures. Lastly, both versions assure Māori full rights as British subjects.

However, its implementation has been fraught with challenges. Many of the rights promised to Māori were not honored in practice, leading to significant land loss and social unrest. This dissatisfaction contributed to conflicts such as the New Zealand Wars in the 1860s.

In response to historical grievances, the Waitangi Tribunal was established in 1975 to investigate breaches of the Treaty and recommend reparations. Over 2000 claims have been made, resulting in various settlements aimed at addressing past injustices.

The recent protests have arrived after legislation introduced by David Seymour of the ACT Party. It aims to redefine the treaty’s principles, asserting that they should apply equally to all New Zealanders rather than specifically benefiting Māori.

The legislation, or the Treaty Principles Bill has three main pillars. Principle 1 asserts that the New Zealand government has full governing power and must act in the best interests of all citizens while adhering to the rule of law.

Principle 2 recognizes the rights of Māori (hapū and iwi) as they existed at the time of signing the Treaty. However, it stipulates that these rights differ from those of other citizens only when specified in historical treaty settlements.

The last principle affirms that all individuals are equal before the law and entitled to equal protection and benefits without discrimination.

The overarching goal is to clarify the Treaty principles, promoting a national conversation about their role in New Zealand’s constitutional framework. The bill emphasizes that it does not amend the original text of the Treaty itself.

@metrouk

New Zealand’s parliament was briefly suspended after Māori members staged a haka to disrupt the vote on a contentious bill that would reinterpret a 184-year-old treaty between the British and Indigenous Māori. Parliamentarian Hana-Rawhiti Maipi-Clarke started the haka protest in the House, tearing up the new bill. powerful haka newzealand politics globalnews

♬ original sound – MetroUK – MetroUK

Yet, critics argue that the development process for the bill did not adequately involve Māori voices, violating principles of partnership and good faith.

As such, many believe that redefining the Treaty principles could undermine existing rights and protections for Māori, potentially leading to a rollback of gains made over decades regarding Indigenous rights.

Fortunately for the Māori, most political parties, aside from the ACT Party, have committed to opposing the bill during its next parliamentary reading. Critics assert that the legislation would change the meaning of the Treaty without Māori consent, effectively rewriting its principles.

This has been characterized as a violation of the partnership principle between Māori and the Crown. The Waitangi Tribunal has stated that this bill could represent one of the most significant breaches of democratic rights in the nation’s recent history.

That said, due to the strong opposition it has faced, it is unlikely that the bill will be approved in the future. However, on the off-chance, it does get the green light, its passage would have profound implications for New Zealand’s legal framework regarding Indigenous rights, social cohesion, and governance dynamics.

In this instance, it is only expected that the Māori-Crown relationship would deteriorate, erasing decades of settlement agreements. Continued protests will strive to prevent that eventuality from unfolding.

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