Treaty bill criticised by Auckland justice and peace commission

Using principles of Catholic Social Teaching such as human dignity, solidarity, subsidiarity, preferential option for the poor and the common good, the commission’s submission to Parliament’s Justice Committee delivered a moral and ethical critique of the bill.

“This bill specifically presents the Crown’s governance as the sovereign holding ultimate power that is unchallengeable while downplaying, reducing and restricting the role and rights of Māori as Treaty partners in the governance of Aotearoa New Zealand,” the commission’s submission stated.

The bill is described as a distortion of the true meaning of Te Tiriti o Waitangi by reducing “Treaty mana [to] a series of legal principles”.

The bill’s treatment of Māori sovereignty was seen as a key point of contention.

“The bill presents the Crown’s governance and the rule of law as being above Māori sovereignty, if not total absolutism, whereas the Treaty was designed and signed with the understanding that Māori would retain tino rangatiratanga,” the submission stated.

“We reaffirm that the Treaty was not an agreement to relinquish Māori sovereignty, but rather a means by which to establish a co-operative relationship based on respect and mutual benefit.”

Also criticised was the bill’s presentation of “a static view of the Treaty relationship, which does not evolve in response to current Māori aspirations or the dynamic needs of kōtahitanga (unity)”.

The submission stated that support must be given to Māori tangata whenua, “as the first inhabitants of Aotearoa . . . in their efforts to retain their culture, language and governance structures”.

The submission also argued that the bill overlooks the moral basis of the Treaty, which calls for justice and redress for past wrongs.

“We believe Māori, as the marginalised and dispossessed people of Aotearoa, must be prioritised in the pursuit of justice, particularly in addressing the historical injustices they have faced and continue to face.

“The Treaty Principles Bill, by focusing on legal definitions and limiting the scope of Māori rights to past settlements, fails to fully address the historical injustices Māori have suffered.”

The submission was strongly critical of the political dealings that saw the bill introduced to Parliament and sent to a select committee for public feedback, given that it would never become law.

“We call for a deeper, more meaningful commitment to the Treaty’s original intent, one that respects Māori sovereignty, ensures active protection and upholds the moral and historical significance of the Treaty as a living document,” the submission stated in conclusion.

Speaking to the Justice Committee, Loraine Elliott spoke of Māori tupuna (ancestors) who were thriving entrepreneurs, proud leaders, loving caring parents and successful traders, who would not have signed up to the bill.

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Catholic Diocese of Auckland Justice and Peace Commission