Introduction:
I OPPOSE the Treaty Principles Bill because Te Tiriti o Waitangi is a living embodiment of a contract between two sovereign nations, the British, and the United Confederation of Chiefs. – Māori.
It is an agreement to live and coexist together enabling the British to look after their own people. It is my submission that Te Tiriti o Waitangi is inclusive of everyone, because when Hobson signed Te Tiriti o Waitangi in 1840, he signed it on behalf of the British as well as future generations that will come to these shores.
This ensures that even if you are of Asian, European, African, or Pasifika, or any other immigrant descent, you are automatically Tangata Tiriti, and have a significant inclusive role to play in our country.
In Te Paparahi o Te Raki findings, Te Wakaminenga (United Confederation of Chiefs) envisioned Hobson becoming part of Te Wakaminenga making laws together for Aotearoa New Zealand.
Establishing a Govern(ment):
It is my submission that Te Tiriti o Waitangi 1840 agreed to a Gover(nor) not a Govern(ment). A Govern(ment) was established through the 1852 NZ Constitution act that saw the British Empire give over authority given to them by Māori, to the NZ Settlers, without knowledge, consultation or consent by Māori, their actual treaty partner. The New Zealand Government did not come through the marae atea like the British did on February 6th 1840, the New Zealand Government was established in secret, coming through the side entrance without a pōwhiri in 1852.
The British gave over authority to immigrant settlers hungry for land, resources and assets without implementing any protection and safety mechanisms, or accountability measurements the British promised to uphold under article 2 of Te Tiriti o Waitangi.
It is my submission that the New Zealand Government, parliament is not an actual signatory to Te Tiriti o Waitangi it has an inherited lower level assumed authority.
Māori = Owner, British= Partner, NZ Government = Manager.
Impact of Assumed Authority:
As a result, previous New Zealand Governments have assumed unilateral sovereignty ignoring Te Tiriti o Waitangi for the last 180+ years. This has preceded Māori experiencing breaches to Te Tiriti o Waitangi over numerous generations. It created the confiscation of lands, intergenerational poverty, loss of cultural heritage, and a near extinction of te reo Māori, and that these breaches led to the privileging of Pākehā at the expense of Māori. It is my submission that breaches to Te Tiriti o Waitangi – were accompanied by a certain political intentionality that has enabled “historical amnesia”, to pervade the country, perpetuating notions about Māori riding a privileged gravy train, as opposed to acknowledging a history of invasion, war, genocide and the confiscation/ theft of trillions of dollars’ worth of lands, resources, and assets.
Also read this:
https://lawnews.nz/treaty-maori/kcs-urge-prime-minister-attorney-general-to-kill-the-bill/
The Treaty Principles Bill:
Minister David Seymour has twisted Te Tiriti o Waitangi history suggesting that Māori are privileged, and that people shouldn’t have certain sovereign rights due to ancestry. This narrative has been used as a vehicle to rationalise the Treaty Principles Bill.
Minister Seymour argues, where in the world is it a good idea to give different rights to others based on ancestry? Where in the world has that approach been a success?
Dame Anne Salmond argues that we can start with King Charles III who is the actual Head of State in New Zealand.
Dame Anne Salmond further argues that as of 2024, 43 countries have Kings or Queens as Heads of States based on ancestry. 13 in Asia, 12 in Europe, 9 in the America’s, 6 in Oceania, and 3 in Africa.
Dame Anne Salmond further argues that if different rights based on ancestry are repugnant to the Act Party, presumably they are equally appalled by King Charles III’s role as the Head of State of New Zealand.
Over the last 40 or so years New Zealand have worked hard to put things right acknowledging historical abuses of Te Tiriti o Waitangi and to Māori, who account for most of the negative/ deficit statistics in the country due to Te Tiriti o Waitangi breaches, and have worked to build better relations through education, socialising Aotearoa NZ history, through engaging with the Waitangi Tribunal, and through legislative instruments.
The recent Royal Commission report into abuse in state and faith based care, as well as its recent apology to state care survivors in 2024 for over five decades of child abuse and neglect in state care is one example, and the 1995 royal apology given by Queen Elizabeth II for the Waikato invasion in 1863 is another example.
The real issue:
The Fast Track Bill seeks to open New Zealand up to international conglomerate corporations. This includes seabed mining, the mining of gold, fossil fuels, and other valuable minerals, without acknowledging the concern of affected communities or their environment. The Fast Track Bill seeks to reduce the time and cost associated with obtaining consents and approvals for projects deemed to have significant regional or national benefits.
The Fast Track Bill proposes a new regime where projects undergo a streamlined approval process.
Fast Track Bill Threat:
The real threat to the Fast Track Bill, and any other colonial mechanism is Te Tiriti o Waitangi 1840, that takes the origin of power and authority back to the original signatories, who are represented by the British Monarchy, and Māori.
The Treaty Principles Bill has been fabricated to create division putting the need/ greed of global corporate companies ahead of the needs of the people of New Zealand, and their environment. It will allow a small group of corporate individuals to benefit at the expense of the rest of the country using Māori (again) as the scape goat.
It is for this reason that groups such as Hobson’s Pledge, The Tax Payers Union, and The New Zealand Initiatives, supported by international corporations and think tanks will throw every resource they have at getting the Treaty Principles Bill over the line through a forced public referendum. Similar practices have happened in Australia, Canada and South America.
The Act Party is trying to make decisions about Te Tiriti o Waitangi via the Treaty Principles Bill without British Monarchy or Māori consultation and involvement.
The reality is this, Te Tiriti o Waitangi is not up for debate, the respective New Zealand Governments do not have the authority to engage or make any decisions regarding Te Tiriti o Waitangi. It is at a level above them, who are but guardians of the current sitting government during their term.
Conclusion:
My recommendation is that Te Tiriti o Waitangi is a living contract signed between two sovereign nations, the British Monarchy and Māori.
The New Zealand Government IS NOT a signatory of Te Tiriti o Waitangi, and operates under an inherited, assumed authority.
It is my submission that ONLY King Charles III, and Māori have authority regarding Te Tiriti o Waitangi.
My submission is that Minister David Seymour and the rest of parliament leave Te Tiriti o Waitangi 1840 alone, it is not theirs to trifle with.
Ngā mihi
Dr Rawiri Waretini-Karena
Ngāti Māhanga, Ngāti Māhuta, Ngāti Kaahu, Ngāti Hine
References:
NZ Herald. (September 10, 2024). Act leader David Seymour has a goliath task to get his Treaty Principles Bill over the line – Editorial [Image] Retrieved November 25 2024 from: https://www.nzherald.co.nz/kahu/act-leader-david-seymour-has-a-goliath-task-to-get-his-treaty-principles-bill-over-the-line-editorial/KTSWXIULTREJDFALPDLTRDIIOA/
1 News (Jan 14, 2024). Government warned proposed bill at odds with Te Tiriti o Waitangi.[Images] Retrieved November 25 from: https://images.app.goo.gl/9RXSCzDnEs3jZoEp8
Sullivan, D. (Novmber 18 2024). Treaties, truth and equality: how NZ, Australia and Canada are all struggling with colonial politics. Retrieved November 25 2024 [Image] from: https://theconversation.com/treaties-truth-and-equality-how-nz-australia-and-canada-are-all-struggling-with-colonial-politics-243575
