Treaty Principles Bill facts for kids

Quick facts for kids Principles of the Treaty of Waitangi Bill
New Zealand Parliament
Territorial extent	New Zealand
Legislative history
Introduced by	David Seymour
First reading	14 November 2024
Second reading	10 April 2025
Status: Not passed

The Principles of the Treaty of Waitangi Bill, also called the Treaty Principles Bill, was a proposed law in New Zealand. It was introduced by David Seymour from the ACT New Zealand political party. The Bill aimed to clearly define the principles of the Treaty of Waitangi. It also suggested that people across the country should vote on these definitions in a referendum.

ACT and David Seymour believed that the current principles of the Treaty had changed too much from its original meaning. They argued that this created different rights for some New Zealanders, especially Māori. They wanted Parliament, not the courts, to decide what the Treaty's principles meant. A poll in late 2024 showed that 23% of people supported the Bill, 36% were against it, and 39% didn't know enough about it.

The Bill caused a lot of debate in New Zealand. The government partners, National and New Zealand First, only supported the Bill for its first step. They did not want it to become a law. Other political parties like Labour, Green, and Te Pāti Māori were against it. Many Māori leaders and groups, including the Waitangi Tribunal, also criticized the Bill. Some legal experts said the Bill would weaken Māori rights.

On 14 November 2024, the Bill passed its first vote in Parliament. It then went to a special committee for public feedback. The deadline for feedback was extended to 14 January 2025. On 24 January 2025, Prime Minister Christopher Luxon said his party would not support the Bill. He also said there would be no referendum while he was Prime Minister. Other leaders agreed the Bill was unlikely to pass. The committee still held hearings for public feedback. On 4 April 2025, the Justice committee suggested the Bill should not continue. On 10 April 2025, the Bill was voted down and did not become law.

Understanding the Treaty of Waitangi

The Treaty of Waitangi is a very important agreement in New Zealand's history. It was signed in 1840 by representatives of the British Crown and Māori chiefs. About 39 chiefs signed the English version. More than 500 chiefs signed the Māori version, known as Te Tiriti o Waitangi.

The Treaty has a beginning part and three main sections. It was written in both English and Māori. However, some words in the English version did not translate perfectly into the Māori language at that time. This means the Māori text is not an exact copy of the English text. This is especially true for words about who has control or "sovereignty."

Different Meanings in the Treaty

The two versions of the Treaty have important differences in their words and how they are understood. This is particularly true for ideas like sovereignty and government. In the Māori version, the differences are mainly in the first two sections.

The word "sovereignty" was translated as "kāwanatanga" in Māori. This word means 'governance' or 'government'. Many chiefs believed they were giving the government control over the country. But they thought they would keep the right to manage their own affairs.

The phrase "undisturbed possession of properties" was translated as "tino rangatiratanga" of "taonga katoa." This means 'chieftainship' or 'full authority' over 'all treasured things.'

New Zealand has also agreed to the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). This declaration says it's important to use treaties in Indigenous languages. Even though UNDRIP is not a law in New Zealand, it has started to influence how policies and court decisions are made. For example, the Waitangi Tribunal and the Supreme Court have used it in their decisions. However, in November 2023, the government decided not to make UNDRIP legally binding in New Zealand. They also stopped work on a report called He Puapua, which was about putting UNDRIP's goals into action.

What are Treaty Principles?

In 1975, the New Zealand Parliament passed the Treaty of Waitangi Act 1975. This law created the Waitangi Tribunal. It also introduced the idea of "the principles of the Treaty of Waitangi." These principles were not clearly defined in the law. The Tribunal was meant to figure out what they meant and how to use them. The courts, the Waitangi Tribunal, and the Crown have also helped define these principles over time.

Why the Bill Was Proposed

In March 2022, David Seymour, the leader of the ACT Party, announced a plan. He wanted to change how the principles of the Treaty of Waitangi were defined in law. He said this new law would only happen if people voted for it in a referendum. This vote would be about Māori co-governance. Co-governance means Māori and the government working together to make decisions.

Seymour argued that the Treaty was not a partnership between the New Zealand Crown and Māori. He believed that co-governance arrangements were not a necessary part of the Treaty. He also said that co-governance caused bad feelings. ACT's proposed law would affect co-governance in many government groups and health services. However, Seymour said it would keep existing co-governance agreements with certain Māori tribes (iwi) like Waikato and Ngāi Tahu.

Some Māori leaders and experts disagreed strongly with ACT's ideas. They said the proposals encouraged racism and showed an unwillingness to share power. Prime Minister Jacinda Ardern at the time said her government was committed to co-governance. The leader of the National Party, Christopher Luxon, did not promise a referendum. But he agreed that more clarity was needed on co-governance.

In October 2022, ACT released a paper called "Democracy or co-government?". It suggested a Treaty Principles Bill that would focus less on partnership. It would also interpret "tino rangatiratanga" (full authority) only as property rights. However, most Māori language experts understand "tino rangatiratanga" to mean 'self-determination'. ACT's proposed Bill did not mention Māori, the Crown, or specific tribes. It only talked about "New Zealanders."

A similar Bill was introduced in 2006 by another ACT party member, Rodney Hide. But it was rejected back then.

Government Agreement and a Leaked Document

After the 2023 New Zealand general election, a new government was formed. It included the National, ACT, and New Zealand First parties. As part of their agreement, they decided to introduce a Treaty Principles Bill. National and New Zealand First agreed to support the Bill only up to a certain stage in Parliament. In return, ACT dropped its demand for a referendum on the Treaty of Waitangi.

On 19 January 2024, a document from the Ministry of Justice about the Bill was leaked. The document said the proposed Bill would clash with the Treaty. The Bill suggested three 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 document worried that the Bill would go against Māori rights under the Treaty. It also said that the government was trying to define Treaty principles without talking to Māori. It raised concerns that the Bill might break international agreements and affect Māori self-determination. David Seymour said the leak was a "natural reaction" from government workers who didn't like change.

The leak happened just before a big Māori gathering (hui). The Minister of Justice confirmed the leak was a draft document. He said the Ministry would investigate. Leaders of Te Pāti Māori used the leak to gather opposition against the Bill. After the leak, government staff had to visit the Ministry of Justice offices to read paper copies of documents to prevent more leaks.

What the Draft Bill Said

After the leak, ACT released a draft of the proposed Bill in February 2024. They started a public campaign to promote it. This included a new website and a video with David Seymour. Seymour also said the government was not trying to rewrite or get rid of the Treaty.

ACT's proposed Treaty Principles Bill had three main parts:

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.

This Bill caused a lot of discussion and was criticized by many groups. These included Māori leaders, the Waitangi Tribunal, opposition parties, religious leaders, and lawyers. The Waitangi Tribunal stated that the Bill went against the Treaty principles of partnership and protection.

How the Bill Moved Through Parliament

Introducing the Bill

On 9 September 2024, a draft of the Treaty Principles Bill was discussed by the government. It was agreed that the Bill would mention the rights of Māori sub-groups (hapū) and tribes (iwi) to tino rangatiratanga (self-determination) and property ownership in Article 2. The government agreed to include these principles 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 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.

David Seymour hoped the government partners would support the Bill further. However, Prime Minister Christopher Luxon repeated that the National Party would not support it past its first reading. New Zealand First also said they would not support it further. The final Bill was approved by the government before being introduced to Parliament in November 2024. It was also decided that the Bill would go through a six-month process with a special committee. On 5 November 2024, it was announced the Bill would be introduced on 7 November, with the first debate happening the week of 11–15 November.

First Vote in Parliament

On 14 November 2024, the Treaty Principles Bill passed its first vote. This happened despite strong opposition from the Labour, Māori, and Green parties. The National Party and NZ First supported it for this first stage, as agreed in their government deal.

During the debate, Labour MP Willie Jackson was asked to leave Parliament. This was because he accused David Seymour of lying about the Treaty. Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke interrupted the vote by performing a haka (a Māori dance and chant). Some Labour, Māori, and Green party members joined her. People watching from the public gallery also joined in. A video of the haka was viewed over 700 million times.

The haka caused Parliament to stop for half an hour. Maipi-Clarke was immediately suspended. Other MPs were later referred to a special committee for their actions. When Parliament started again, the Bill passed its first vote that evening, with 68 votes for and 54 against.

Committee Review and Public Feedback

After the first vote, the Bill went to a select committee. The public could send in their thoughts on the Bill starting 19 November 2024. The deadline was extended to 14 January 2025 because of website issues.

Many local councils, including Auckland and Dunedin, voted to send in feedback opposing the Bill. A Māori lawyer created an online form for people to easily submit their opposition. By early January 2025, her page had many visits. A group of 165 descendants of the missionaries who translated the Treaty also opposed the Bill. They said it went against the Treaty's original meaning.

Parliament's website had problems due to the huge number of online submissions. In response, the committee reopened submissions and extended the deadline again. By 9 January, the committee estimated they had received 300,000 online submissions.

On 16 January 2025, the committee decided to start hearing people speak about the Bill on 27 January 2025. They expected to listen to about 80 hours of spoken feedback. To handle the large number of submissions, the committee split into two smaller groups. They decided to exclude submissions with bad language or fake names. News reports said that about 70% of the written submissions were against the Bill.

The Justice Committee decided how to handle all the feedback. They rejected submissions with "swear words, racist language, [or] abusive comments." They allowed form submissions. Parliamentary staff worked to summarize the content and record support or opposition. The committee could not hear all 16,000 requests for oral presentations. So, each political party could nominate 100 people to speak. Another 112 speakers were chosen randomly.

On 29 March 2025, a Labour MP criticized the plan to exclude thousands of submissions. He argued that every New Zealander should have their say. Parliament later agreed that all submissions would be added to the public record.

People Speak to the Committee

The first day of people speaking to the committee was Monday 27 January 2025. David Seymour defended the Bill. He asked why New Zealand should be divided by race. A group called Hobson's Pledge supported the Bill but wanted changes. They felt the Bill still allowed for unequal treatment.

A former high court judge, Edward Taihakurei Durie, said the Bill would undo 50 years of work by the Waitangi Tribunal. A 16-year-old, Te Kanawa Wilson, spoke in Māori. He asked for the Bill to be stopped. He said the Treaty protected Māori rights to self-determination. Other speakers, including former government ministers, also opposed the Bill. They argued it would weaken the Treaty. Some people supported the Bill, saying it would make Treaty principles clearer.

On Thursday 30 January 2025, the committee heard from 11 more people. Seven were against the Bill, and four supported it. Former Labour MP Kiri Allan called the Bill "an abomination." She said it tried to erase Māori from New Zealand history. Some medical groups argued that focusing only on equality, not fairness, would harm health outcomes. YouthLaw said the Bill would negatively affect Māori youth. A former judge supported the Bill, saying it would clarify Treaty principles for courts.

On 7 February 2025, more people spoke to the committee online. Joseph Xulué from the Pacific Lawyers Association strongly opposed the Bill. A teacher, Merita Levave, gave a presentation. When she finished, her students stood up, tore up paper representing the Bill, and shouted "Toitu te Tiriti" (Uphold the Treaty). Some people from the oil and gas industry supported the Bill. They argued that current rules were unclear and led to demands for "race-based payments."

Committee's Final Report

On 4 April 2025, the Justice select committee released its report. They recommended that the Treaty Principles Bill should not continue. They found it did not match the Treaty of Waitangi. They also noted problems in how it was developed. The committee said the Bill promoted formal equality over fairness. They believed it would harm social unity and relations between the Crown and Māori. The report also mentioned concerns about its legal effects. It showed strong opposition to using a referendum for such a sensitive topic.

The report stated that 90% of written submissions opposed the Bill. Only 8% supported it. For oral submissions, 85% opposed the Bill, and 10% supported it.

The report also included the views of different political parties. Labour said the Bill's principles did not match the Treaty's. They also rejected the idea that the Treaty gave different rights based on ancestry. Te Pāti Māori called the Bill a "distortion" of the Treaty. The Greens said the Bill misrepresented the Treaty and was an "international embarrassment." ACT argued the Bill aimed to define Treaty principles in law. They claimed the current situation gave people different rights based on their background, making the Bill necessary.

Second Vote in Parliament

On 10 April 2025, the New Zealand Parliament voted not to continue with the Treaty Principles Bill. The vote was 112 against and only 11 for. The ACT party was the only party to support the Bill. All other major parties, including National, NZ First, Labour, Green, and Te Pāti Māori, opposed it.

Labour MP Willie Jackson was again asked to leave Parliament. This happened after he called David Seymour "a liar" during his speech. Despite the Bill's defeat, David Seymour said the ACT party would keep fighting for equal rights. He claimed opponents did not have strong arguments against the Bill.

Labour leader Chris Hipkins called the Bill a "stain on our country." He said it was based on a "myth" of special Māori privilege. Greens co-leader Marama Davidson pointed out that 90% of submissions opposed the Bill. She urged ACT to let go of their "myth of special treatment." Te Pāti Māori MP Maipi-Clarke said the Bill was "absolutely annihilated." National MP and Justice Minister Paul Goldsmith confirmed National's promise to oppose the Bill. He said using a simple majority and referendum was a "crude way" to handle such a sensitive topic. NZ First MP Casey Costello said the Bill would have sent the issue back to the courts, which she felt was not good for the country.

Committee Hearings on MP Conduct

Four complaints were made to Parliament's Privileges Committee. These complaints were about MPs' behavior during the Bill's first reading debate. The complaints focused on Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke interrupting the vote with a haka. It also included Maipi-Clarke, Debbie Ngarewa-Packer, Rawiri Waititi, and Labour MP Peeni Henare moving onto the Parliament floor. Ngarewa-Packer also made a gesture that was described as a "finger gun."

The Privileges Committee, led by Attorney-General Judith Collins, held several meetings. They suggested that Henare should apologize for interrupting the vote. They also recommended that Maipi-Clarke be suspended from Parliament for seven days. This was for acting in a way that could intimidate another member. Ngarewa-Packer and Waititi were recommended for a 21-day suspension for similar reasons. Henare apologized to the committee and to Parliament on 25 March 2025.

The three Te Pāti Māori MPs were asked to appear before the committee. They wanted to appear together and have a lawyer with them. These requests were denied. They later agreed to send written statements. Their letters focused on how Māori customs (tikanga) might conflict with Parliament's rules. They refused to apologize for their actions.

After more than three hours of debate over two days, Parliament voted on 5 June 2025. They voted to suspend Maipi-Clarke for seven days. Ngarewa-Packer and Waititi were suspended for 21 days. The votes followed party lines.