6 Nov 2024

Treaty Principles Bill: 'Paruwaru' politics doesn't stop hīkoi for kotahitanga

9:22 am on 6 November 2024
National Māori Action Day protesters, opposing government policies toward Māori, in central Auckland ahead of the release of Budget 2024 on 31 May 2024.

The hikoi against the proposed Bill is going ahead as planned, despite its earlier introduction to Parliament. Photo: RNZ / Jessica Hopkins

A hīkoi from the top of the North Island to Wellington is still on, despite the Treaty Principles Bill being introduced to Parliament ahead of schedule.

The introduction of the government's controversial Bill was supposed to take place on 18 November, but will now be introduced by this Thursday, acting Leader of the House Simeon Brown confirmed last night.

The news has not deterred the hīkoi away from the original plans. It is instead fuelling tangata Tiriti to immediately encourage the cause on social media.

Te Pati Māori co-Leader Rawiri Waititi told his livestream viewers on Tuesday evening that the coalition government had changed its plans because of the "million man march".

"This is the undermining, deceitful, vindictive nature of this Kāwanatanga," Waititi said.

"Knowing that the hīkoi is arriving in a couple of weeks, they have decided to introduce the Treaty Principles Bill as early as [this] Thursday."

The planned nine-day Hīkoi mō te Tiriti will begin on 10 November with marchers gathering at Pōtahi Marae in Te Kāo, before setting off from Cape Reinga the next day.

Associate justice minister David Seymour, who is responsible for the bill, said he had only received a copy of the Waitangi Tribunal's report on Tuesday evening, and so could not comment on its contents yet.

However, he accused the Tribunal of breaking the government's trust.

"It demands information from the government, such as the date the Treaty Principles Bill is to be introduced to Parliament, but the information becomes public within hours of them knowing. Respect should go both ways," he said.

"The Treaty Principles Bill provides an opportunity for New Zealanders - rather than the courts and the Waitangi Tribunal - to have a say on what the Treaty means. Did the Treaty give different rights to different groups, or does every citizen have equal rights? I believe all New Zealanders deserve to have a say on that question."

The introduction of the bill is part of ACT's coalition agreement with National.

RNZ has also approached Māori Crown Relations Minister Tama Potaka for comment

Those joining the hīkoi wil follow the same path as Land March hīkoi led by Dame Whina Cooper in 1975.

Waititi said his party found out the breaking news the same time the public did.

Both co-leaders said the strategy of moving the announcement forward was "paruwaru" and "paruparu" (dirty).

In January this year, Prime Minister Christopher Luxon said the government would honour the Treaty and had no plans to amend or revise it or Treaty settlements.

Luxon also stated a desire to work with Māori to deliver improved outcomes but acknowledged there were differing opinions of how that should be done.

Debbie Ngarewa-Packer told tangata Tiriti to not be distracted by the move.

"This is not accidental. This is absolutely calculative, it is premeditated, and this is exactly how they've been manipulating their power and their influence as government," she said.

Ngarewa-Packer said the sudden change was due to the momentum of the hīkoi.

"We carry on, and keep doing the kaupapa, manaaki the kaupapa, manaaki each other."

She also encouraged the viewers to bring anyone and everyone to the hīkoi mō te Tiriti.

"Don't come down with empty seats."

The final message to Māori from Te Pāti Māori co-leaders was that the hīkoi wasn't just about Māori, it's for everyone.

The issues with the new Bill

In September, Cabinet agreed to and released the principles as they would be worded in the bill:

1. 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.

2. 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 agreements with the Crown.

3. 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.

The Waitangi Tribunal had already released one report in August but re-convened following the release of the principles. This second interim report is a result of that hearing.

It said Crown and claimant evidence overwhelmingly agreed the principles did not reflect the meaning or intent of the Treaty or its existing principles.

"It is a statement of a new principle that bears no relation to article 1, overstates the kāwanatanga of the Crown, and ignores the two spheres of Crown and Māori authority that the Treaty/te Tiriti established, where overlaps must be resolved by good faith cooperation between the partners," it said of the first principle.

On the second, it said the principle was the "complete antithesis" of article 2, and Cabinet's approval of it breached te Tiriti.

"It does not in any sense reflect the text or meaning of article 2, and would instead seriously damage the tino rangatiratanga and rights of Māori that article 2 guaranteed and protected."

While Crown officials did not criticise the wording of the third principle, the Waitangi Tribunal disagreed.

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