Source: New Zealand Parliament
The purpose of the bill is to set out the principles of the Treaty of Waitangi in legislation, and require, where relevant, those principles to be used when interpreting legislation. See “About the bill” further in this release for more information.
The committee intends to make further decisions about the submissions process and will communicate these publicly when they are agreed.
For example, the committee intends to consider and resolve criteria for submissions that will not be accepted in terms of offensive language.
The committee is conscious that the bill is controversial, and intends to facilitate a measured debate.
The committee is intending to complete hearings by the end of February 2025. Further decisions about hearings will be made and communicated in due course.
Key information
- Submissions can only be made via the portal on the Parliament website or via post. For more information see “How to Make A Submission” on the Parliament website.
- Written submissions can be made in English and te reo Māori. Submissions made in te reo Māori will be translated into English, although this may take some time.
About the bill
Parliament first introduced the concept of the Treaty principles in legislation in the Treaty of Waitangi Act 1975, but did not define them. The Treaty principles help reconcile differences between the te reo Māori and English texts and give effect to the spirit and intent of the Treaty when applied to contemporary issues. They apply to Government policy and operational decisions and are used to interpret legislation, and by the Waitangi Tribunal to review proposed Crown action or inaction, policies, and legislation.
The purpose of the bill is to set out the principles of the Treaty of Waitangi in legislation, and require, where relevant, those principles to be used when interpreting legislation. The bill proposes the following principles:
- Principle 1: 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.
- Principle 2: The Crown recognises the rights that hapū and iwi had when they signed the Treaty/te Tiriti. 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 Treaty settlements.
- Principle 3: 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.
The overarching objective of the bill is to define what the principles of the Treaty of Waitangi are in statute to:
- create greater certainty and clarity to the meaning of the principles in legislation
- promote a national conversation about the place of the principles in the country’s constitutional arrangements
- create a more robust and widely understood conception of New Zealand’s constitutional arrangements, and each person’s rights within them
- build consensus about the Treaty/te Tiriti and New Zealand’s constitutional arrangements that will promote greater legitimacy and social cohesion.
To come into force, the bill would require the support of a majority of electors voting in a referendum.
ENDS
For media queries please contact TreatyPrinciples@parliament.govt.nz or call 04 817 6172.
For more information please visit Frequently asked questions: Principles of the Treaty of Waitangi Bill (this page will be updated when new information is available) or contact TreatyPrinciples@parliament.govt.nz.
