Analysis: ACT’s bill can be seen as the culmination of moves over several decades by the Crown to use Treaty principles to rewrite te Tiriti and justify its own power, writes Jane Kelsey.
Analysis: ACT Party leader David Seymour has said the goal of his Treaty Principles Bill is to stimulate an overdue conversation on te Tiriti o Waitangi/Treaty of Waitangi. At that level at least he has succeeded.
His proposal to rewrite te Tiriti through new legislation has certainly triggered debate – to the point where the most profound constitutional question of all has been asked on the floor of parliament: did Māori cede sovereignty when they signed te Tiriti in 1840?
But the debate has also exposed deep ignorance, among political leaders and many others, about te Tiriti and the more recent concept of Treaty “principles”.
Prime Minister Christopher Luxon fell back on Governor Hobson’s unilateral proclamations of sovereignty in 1840, which relied on what Māori scholar Margaret Mutu calls “the English draft of Hobson’s that Māori never agreed to”.
Meanwhile, Labour leader Chris Hipkins accepts there was no Māori cession of sovereignty, but that somehow the Crown has sovereignty now.
Beyond parliament, inflammatory and easily discredited disinformation about te Tiriti has circulated widely, backed by those who also advocate for the Treaty Principles Bill and its aim to cement into law a fundamental rewriting of te Tiriti.
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Treaty bill plays on ignorance
Photo Credit: By Archives New Zealand from New Zealand – Reconstruction of the Signing of the Treaty of Waitangi, Marcus King, CC BY-SA 2.0, https://commons.wikimedia.org/w/index.php?curid=51249748
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