Source: New Zealand Government
Associate Justice Minister David Seymour says Cabinet has agreed to the next steps for the Treaty Principles Bill.
“The Treaty Principles Bill provides an opportunity for Parliament, rather than the courts, to define the principles of the Treaty, including establishing that every person is equal before the law,” says Mr Seymour.
“Parliament introduced the concept of the Treaty principles into legislation in 1975 but did not define them. As a result, the courts, the Waitangi Tribunal, and the public service have developed a set of principles to justify actions that many New Zealanders view as contrary to the principle of equal rights, including co-governance in the delivery of public services and even ethnic quotas within public institutions.
“The principles of the Treaty are not going anywhere. Either Parliament defines them, or the courts will continue to venture into an area of political and constitutional importance. The purpose of the Treaty Principles Bill is for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.
“Cabinet has agreed for the following principles to be included in the Bill:
- Civil Government: The Government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society.
- Rights of Hapū and Iwi Māori: The Crown recognises the rights that hapū and iwi had when they signed the Treaty. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in legislation, Treaty settlements, or other agreement with the Crown.
- Right to Equality: Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.
“A Bill will now be drafted and Cabinet will consider it before it is introduced to Parliament later this year.
“Once the Bill has had its first reading, every New Zealander will have the opportunity to make a submission and suggest changes at the select committee stage to a group of MPs from across the political spectrum.
“The Bill will not alter or amend the Treaty itself. It will be used to assist with the interpretation of legislation where Treaty principles would normally be considered relevant, in addition to legislation that refers to Treaty principles directly.
“Far from being a divisive document, the Treaty is a powerful guide for New Zealand’s future, establishing that all New Zealanders have the same rights and duties, and that the government has a duty to protect those rights.
“I am looking forward to this important national conversation about the place of the Treaty in our constitutional arrangements.”
