Treaty Principles Bill facts for kids

The Treaty Principles Bill is a new law proposed by David Seymour and his political party, ACT New Zealand. It aims to clearly explain what the "principles of the Treaty of Waitangi" mean.

The current government, led by the National Party, has agreed to support this bill up to a certain stage in Parliament. This was part of a deal they made with the ACT Party. However, the National Party does not support having a public vote (called a referendum) on this issue.

A survey in October 2024 showed that 45% of people supported the Treaty Principles Bill, 25% were against it, and 29% were unsure.

What is the Treaty Principles Bill About?

In March 2022, the ACT Party announced its plan to create a new law defining the principles of the Treaty of Waitangi. They said this law would only happen if they were part of the government after the 2023 election.

Understanding Co-governance

ACT also wanted a public vote (referendum) on something called "Māori co-governance". Co-governance means Māori and the government working together to make decisions. ACT leader David Seymour believed the 1840 Treaty of Waitangi was not a partnership between the New Zealand Crown (the government) and Māori. Because of this, he argued that co-governance was not a necessary part of the Treaty. He also felt that co-governance caused arguments and division.

ACT's proposed law and referendum would affect co-governance in many areas. This included places like research groups, government-owned businesses, and health services such as Te Aka Whai Ora (the Māori Health Authority). However, Seymour said that existing co-governance agreements with certain Māori tribes (called iwi) like Waikato, Ngāi Tahu, Tūhoe, and Whanganui would stay the same.

Different Views on Co-governance

Other political leaders and experts had different opinions. Māori Party co-leader Debbie Ngarewa-Packer and Professor Linda Tuhiwai Smith said ACT's ideas were based on racism. They felt it showed a "Pākehā" (New Zealander of European descent) unwillingness to share power. A Waikato leader, Rahui Papa, argued that ACT's policies went against parts of the Treaty. He believed the Treaty promised Māori a role in society.

At the time, Prime Minister Jacinda Ardern said her government was committed to co-governance. The National Party leader, Christopher Luxon, did not agree to a referendum but said more clarity was needed on co-governance.

ACT's Discussion Document

In October 2022, ACT released a document called "Democracy or co-government?". It suggested a new Treaty Principles Act. This act would change the focus from the Treaty being a partnership between Māori and the Crown. It would also say that "tino rangatiratanga" (a Māori term from the Treaty) only means property rights.

However, most experts in the Māori language say "tino rangatiratanga" means "self-determination" (the right to control one's own affairs). ACT's proposed law did not mention Māori, the Crown, iwi (tribes), or hapū (subgroups). Instead, it only talked about "New Zealanders." ACT leader Seymour did not say who his party had talked to when developing these policies.

The Bill's Journey: From Agreement to Leak

After the 2023 New Zealand general election, a new government was formed in November 2023. It was led by the National Party, with support from the ACT and New Zealand First parties. As part of their agreement, National and ACT decided to introduce a Treaty Principles Bill. They agreed to support it through its first stage in Parliament, sending it to a special committee. ACT also dropped its demand for a referendum on the Treaty of Waitangi.

The Leaked Memo

On January 19, 2024, a secret document from the Ministry of Justice about the proposed bill was leaked. This document said the bill had three main principles:

• The New Zealand Government has the right to govern all New Zealanders.
• The New Zealand Government will respect all New Zealanders' ownership of their land and property.
• All New Zealanders are equal under the law, with the same rights and duties.

The Ministry's paper worried that the proposed law might go against Māori rights under the Treaty. It also raised concerns that the government was trying to define Treaty principles without asking Māori. The paper suggested the bill might break international agreements and affect Māori's right to self-determination.

David Seymour said the leak was a "natural reaction" from government workers who had seen increasing division on these issues. He also said the Ministry of Justice was not biased.

The leak happened just before a big national meeting (hui) called by King Tūheitia on January 20. In response, Minister of Justice Paul Goldsmith said the Ministry would investigate the leak. He called the document a draft that had not yet been fully discussed by the government. Seymour also accused the Ministry of being part of a system that "resisted change." Te Pāti Māori leaders Rawiri Waititi and Debbie Ngarewa-Packer used the leak to gather opposition against the government's proposed changes.

After this leak, government staff now have to physically visit the Ministry of Justice offices to read paper copies of documents related to the Treaty Principles Bill. This is to help prevent more leaks.

What the Draft Bill Says

On February 7, 2024, ACT started a public campaign to promote the Treaty Principles Bill. They launched a new website, "treaty.nz," with questions and answers about their approach. The website also included a video of David Seymour. Seymour also said that the government was not trying to rewrite or get rid of the Treaty of Waitangi. This public campaign came after the leaked Justice Ministry memo said the bill clashed with the Treaty's original text.

ACT's proposed Treaty Principles Bill has three main articles (sections):

Article 1

Māori: kawanatanga katoa o o ratou whenua

The New Zealand Government has the right to govern all New Zealanders

Article 2

Māori: ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa

The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property

Article 3

Māori: a ratou nga tikanga katoa rite tahi

All New Zealanders are equal under the law with the same rights and duties

How the Bill Becomes Law

On September 9, 2024, a draft of the Treaty Principles Bill was discussed by the government's Cabinet. Its main ideas were approved. ACT leader Seymour also confirmed that the bill's Article 2 would mention the rights of hapū (sub-groups) and iwi (tribes) to tino rangatiratanga (self-determination) and property ownership.

Cabinet agreed that the bill should include these principles:

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 agreement 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.

While Seymour hoped all parties in the government would support the bill after its first reading, Prime Minister Christopher Luxon repeated that the National Party would not support it beyond this first stage. The New Zealand First party also said they would not support the bill past its first reading.

The final version of the bill will be looked at by Cabinet again before it is introduced to Parliament in November 2024. Cabinet also agreed that the bill would go through a six-month process with a special committee in Parliament, finishing in May 2025. On November 5, 2024, it was announced that the bill would be introduced to Parliament on November 7, with its first debate happening the week of November 11-15.

Here is the planned timeline for the bill: