Submitted on the Principles of the Treaty of Waitangi Bill, on the official website. Submissions remain open until 7 January.
The Treaty Principles Bill would be disastrous to the future wellbeing of Aotearoa and should be rejected with sufficient force and clarity as to damage any future attempt to revive it.
I endorse the submissions of many other organisations, and also the advice of the Waitangi Tribunal and the Regulatory Impact Statement from the Ministry of Justice, as to the deficiencies of this Bill. In particular, I oppose this Bill’s attempt to remove indigenous rights by referendum.
Indigenous rights do exist, as an historical fact by virtue of the Treaty arrangement made between two peoples on the European settlement of Aotearoa, as a legal fact by virtue of international jurisprudence around Treaty and colonisation law, and as an ethical fact by virtue of the natural justice that must accrue to the descendants of those harmed and deprived by systematic exploitation approved by the colonial government. The Bill’s purpose is ill-founded.
Furthermore, putting indigenous rights to public referendum is a grotesque proposal given the extensive popular misunderstanding of crucial facts about this nation’s history and the well-founded grievances of Māori. These misunderstandings are loudly encouraged by bad actors fomenting social division for varied self-serving reasons, and by an international context of so-called ‘culture war’ that is clouding our ability to perceive and manage ourselves as a distinct nation. In such an environment of loud but misplaced opinion, a public referendum poses a profound risk of creating injustice.
Even accepting the premise of the Bill that the Treaty Principles should be revised, a good faith effort to do so in the manner proposed could only begin by launching an extensive effort to educate and inform citizens about Aotearoa New Zealand history, de-prioritise contrarian disinformation sources, and speak honestly about what our society really is. In the absence of any attempt at such a project, it is necessary to conclude that this Bill is presented in bad faith, as an attempt to take advantage of misinformed public sentiment to remove the proper rights of a people who remain disadvantaged by profound and systematic harms.
There is no place for this Bill. It can do no good, only harm.