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A Succession of Breaches: The New Zealand Principles of the Treaty of Waitangi Bill

Written by Kaeden Watts (Ngāi Tūhoe, Ngāti Maniapoto, Ngāti Tūwharetoa), Climate Change and Indigenous rights advocate |

About the author

Kaeden Watts (he/him) is an independent Indigenous rights advocate from the Māori tribes of Ngāti Tūwharetoa, Ngāti Maniapoto, and Ngāi Tūhoe, with a focus on climate change, health, human rights, and Indigenous sovereignty. He is an experienced policy advocate and campaigner both domestically in Aotearoa New Zealand and internationally through the United Nation Human Rights Working Group and the International Indigenous Peoples Forum on Climate Change. In keeping with his expertise, Kaeden was a panellist at the recently concluded Commonwealth Heads of Government Meeting (CHOGM Samoa 2024) side event on shaping climate and environmental justice across the Commonwealth which was organised by the Institute for Commonwealth Studies and its partners, the Commonwealth Lawyers Association and the Association of Commonwealth Universities.

 


The Principles of the Treaty of Waitangi Bill

In Aotearoa, Māori are victims of settler colonisation – the process of permanent settlement by a foreign group with the intention of dominating resources and gaining control of an already inhabited area through replacing or assimilating the previous inhabitants of the land. Settler colonisation led to the development of Aotearoa New Zealand’s founding document – the Treaty of Waitangi (‘the Treaty’). The purpose of this agreement was to set boundaries on how the British could govern their own people without compromising the self-determination and authority of Māori over their respective lands.

Efforts are currently underway to undermine the partnership between the Crown and Māori enshrined in the Treaty through the introduction of a controversial piece of proposed legislation – The Principles of the Treaty of Waitangi Bill (‘the Bill’). The Bill proposes to redefine the principles of the Treaty, New Zealand’s founding document and put the new principles to a nationwide referendum. First signed on 6 February 1840 by Captain William Hobson and Northern Māori chiefs, the Treaty is an agreement entered into by Māori (the Indigenous Peoples of Aotearoa New Zealand) and the Crown (the Central Government of New Zealand representing the British monarchy).

The Bill was introduced by the libertarian ACT (Association of Consumers and Taxpayers) party, a minor party in New Zealand’s coalition government. The Party asserts that how the Treaty is currently interpreted in law is not representative of the interpretations of the Treaty upon its signing. The ACT party allege that this ‘misrepresentation’ has led to the formation of inequities between groups of New Zealanders, where Māori are afforded special rights under the Treaty than non-Māori. The Party’s Bill seeks to redefine the principles of the Treaty in an effort to “end division by race”.

Even if you’re a reader from outside of Aotearoa New Zealand, this is likely not the first time you’ve heard of this piece of legislation. On 14 November 2024, New Zealand's parliament made international headlines after the Bill’s first reading was brought to a temporary halt by Members of Parliament performing a haka (Māori traditional ceremonial challenge), in protest against the controversial Bill. This haka was led by Te Pāti Māori (the Māori Party) opposition party MP Hana-Rawhiti Maipi-Clarke after being asked whether her party supported the Bill. While this dispute was happening inside the Parliament Chamber, Aotearoa New Zealand was experiencing one of the largest protests it had ever seen outside the Parliament. From 11 November, those in opposition of the Bill, both Māori and non-Māori, marched the length of the North Island to Parliament grounds in Wellington (New Zealand’s capital city) in protest.

The response from Māori to the Principles of the Treaty of Waitangi Bill is rooted in a long-standing, complex history of Crown and Māori relationships. The Bill is just the latest in a series of historical Treaty breaches from preceding Governments.

Settler colonisation and the Treaty of Waitangi

There are two versions of the Treaty; one translated in English (the Treaty of Waitangi) and the other in the Māori language (te Tiriti o Waitangi). Due to inadequate translations by Crown representatives between the two documents, there are a number of discrepancies between the two versions such that the Treaty has not been honored in many ways. This has been to the detriment of Māori, who were not afforded the same rights and protections in the English version as promised in the Māori language version. While intended to represent a partnership between the Crown and Māori over their respective peoples, the British Government proclaimed British sovereignty over the whole of New Zealand. For the British Government, this assertion justified the forced alienation of Māori from their ancestral lands and assimilation into colonial structures. This had devastating consequences for Māori, including the loss of land, suppression of language, severing of community ties, and the intentional and attempted erasure of Māori culture and lifestyles.

Like many other Indigenous communities across the world, Māori derive their health and knowledge systems from their ancestral land. As a consequence of settler colonialism and breaches of the Treaty, Māori lost significant rights to govern and protect their ancestral lands, severing their connection to it and risking the diminishment of cultural knowledge, tikanga (Māori customary practices and legal system), histories, and health. Diminishment of knowledge systems and health is inevitable if the relationship between Māori and their ancestral land is severed. These knowledge systems are then replaced by colonial knowledge and structures, often to the detriment of the colonised peoples.

Historic and modern protest by Māori following the signing of the Treaty of Waitangi can be traced back to a reoccurring concern: A perceived overstep in the British Crown’s authority and governing over Māori in New Zealand. The signing of the Treaty of Waitangi sparked the birth of the Māori King Movement (Kīngitanga) in the 1850s as a means for Māori to have equal negotiating rights as the British Crown on matters concerning the Treaty. The Crown did not share the same view as Māori on the Kīngitanga, viewing the establishment as organised disobedience, as opposed to equal partnership under the Treaty. This justification was used as an excuse to invade and confiscate large parts of Māori land in the east of the North Island.

Government endorsed assimilation

Over 100 years on from the Treaty of Waitangi’s signing, we continued to see Government - endorsed dispossession of Māori land and assimilation of Māori into colonial structures through the 1961 Hunn Report. Commissioned and approved by the New Zealand Government, the Hunn Report, led by then Deputy-Chairman of the Public Service Commission J. K. Hunn, spoke to a theoretical discussion on the “inevitability and desirability of rapid racial integration”. The report made strong recommendations that Māori migrate from rural areas into towns and cities; advocated for placing Māori land under European land title where possible, and; to keep only “the fittest elements” of Māori culture alive. The report emphasised the importance of ensuring those living in New Zealand fuse cultures to become one people, although colonial culture would take dominance over Māori culture. These recommendations, and other similar Government recommendations and policies before and since, were intended to deliberately supersede te ao Māori (the Māori world and worldviews), tikanga Māori (Māori laws and protocols), and mātauranga Māori (Māori knowledge systems) in favour of colonial systems and values.

Although the Hunn Report was released over sixty years ago, its influence continues to take a tremendous toll on the health and wellbeing of Māori communities today and the relationship between Māori and the Crown. While not as overt in its assertion of the self-perceived superiority of colonial culture, the Principles of the Treaty of Waitangi Bill argues for the same proposition as the Hunn Report: The dismissal of Māori self-determination and assimilation of Māori into colonial culture.

Treaty breaches and their implications

The response by Māori to the Government’s decision to move ahead with the Principles of the Treaty of Waitangi Bill is rooted in a deep, complex history of successive breaches to the agreement between Māori and the Crown – breaches that have had devastating consequences for Māori health, lifestyles, and cultural sustainability.

While large in scale, the response by Māori to the Bill is not unprecedented. The proposed Bill by the Government contradicts its role as a partner of the Treaty of Waitangi, yet this action should not be considered anomalous – it is in keeping with the historical breaches that successive Governments have carried out since signing the Treaty of Waitangi. Yet, if successful, amending the principles of the Treaty of Waitangi could be considered the most egregious breach of the Treaty of Waitangi to date. The implications of a rescope of this nature would have cataclysmic consequences on the health and wellbeing of Māori communities, beyond what is even experienced now.

Consequences of the Bill will likely not be restricted to just Aotearoa New Zealand and to impacts on Māori. New Zealand is often platformed internationally for its perceived positive Māori-Crown relationships, with the former Minister for Crown Māori Relations Hon Kelvin Davis, saying, “Other countries are looking to Aotearoa New Zealand to understand what best practice partnerships look like between indigenous peoples and the Crown. Partnerships like these are an example of success built on reciprocity”. The Bill passing could similarly challenge how other Indigenous communities work in relationship with their governments. If a country like New Zealand with perceived strong relationships between the Crown and Indigenous Peoples can action a Bill of this magnitude, other countries may follow a similar trajectory.

The purpose of the Treaty was to set boundaries on how the British could govern their own people in Aotearoa New Zealand without compromising the self-determination and authority of Māori over their respective lands. Not only does the Bill contradict the Crown’s role as a partner of the Treaty through overstepping in its partnership role, but it also compromises the original intention of the Bill: Guaranteed self-determination and authority of Māori over their lands.

Strength in unity and self-determination

The Bill itself has been progressing through the parliamentary legislative process, including public consultation. The response from Māori and non-Māori allies has been one of unity. A march spanning the length of the Aotearoa New Zealand began on 11 November 2024 between two convoys: One beginning at the top of the North Island at Cape Reinga, and the other at the bottom of the South Island at Bluff, converging at Parliament ground one week later on 19 November 2024. The demonstration has been marked as one of the largest protests in New Zealand’s history. Most sources have cited 42,000+ people were in attendance, both Māori and non-Māori, on Parliament grounds to show solidarity against “anti-Māori policy”.

In January 2024, prior to first reading of the Bill and before his passing, the then Kīngitanga (Māori king), Kīngi Tuheitia Pōtatau Te Wherowhero VII (Kīngi Tuheitia), took an unprecedented step to call on all Māori tribes across the country to come together to discuss the ramifications of the Principles of the Treaty of Waitangi Bill and how Māori would respond. In his address at the first meeting, Kīngi Tuheitia spoke to the importance of remaining steadfast in Māori assertions of self-determination – a theme that has been consistent in Māori responses to historical breaches of the Treaty to date. He said, "the best protest we can make right now is being Māori. Be who we are. Live our values. Speak our reo (language). Care for our mokopuna (young people), our awa (rivers), our maunga (mountains). Just be Māori. Be Māori all day, every day. We are here. We are strong."

Kīngi Tuheitia’s words likely provide an accurate blueprint for how Māori will respond to this challenge and future political challenges. Being unapologetically Māori.