Tēnā koutou katoa.

Apologies for the limitations of my voice. It is the consequence of surgery on my larynx.

My written submission focuses on two elements of the Treaty Principles Bill which are insufficiently covered in its public discussion.

The first is that the bill is bad history. Our understanding of Te Tiriti has evolved, and is evolving. Any statute such as this bill will fossilise that understanding, restricting its ongoing organic development. It would be better if the bill did not proceed.

My submission’s second point is that the Court of Appeal stated a set of treaty principles in 1987. They are foundational to a social democracy such as Aotearoa New Zealand. It is critical that any statute of Parliament does not override nor downgrade them as the proposed bill might. Parliament should instead separately acknowledge the Court of Appeal’s principles.

I am happy to elaborate on any aspect of my submission. Kia ora. 

Brian Easton.

The Court of Appeal Principles of the Treaty

1. The Crown has the right to govern. The principles of the treaty ‘do not authorise unreasonable restrictions on the right of a duly elected government to follow its chosen policy. Indeed, to try and shackle the Government unreasonably would itself be inconsistent with those principles’.

2. The Crown has a duty to act reasonably and in good faith. The relationship is ‘akin to partnership between the Crown and Māori people, and of its obligation on each side to act in good faith.’ The judgment draws parallels with ‘our partnership laws’.

3 The Crown has an active duty to protect Māori interests. ‘The duty of the Crown was not just passive but extended to active protection of Māori people in the use of their lands and waters to the fullest extent practicable.’

4 The government should make informed decisions. The Court said that in order to act reasonably and in good faith, the government must make sure it was informed in making decisions relating to the treaty. That will ‘require some consultation’.

5 The Crown should remedy past grievances. ‘If the Waitangi Tribunal finds merit in a claim and recommends redress, the Crown should grant at least some form of redress, unless there are grounds justifying a reasonable Treaty partner in withholding it – which would be only in very special circumstances, if ever.’

Source: Adapted from Te Ara