Principles of the Treaty of Waitangi
It is found twice in the long title, in the preamble, and in Section 6(1), which provides for the Waitangi Tribunal to inquire into claims by Māori that they are prejudicially affected by Crown acts (or omissions) that are inconsistent with the principles of the treaty.
Reasons given are that the English and Māori language versions "do not have exactly the same meaning", and the 1840 treaty "focuses on the issues relevant at the time it was signed".
[4] The Waitangi Tribunal's key function is to evaluate Crown actions against the intentions of the parties that signed the Treaty.
Therese Crocker has argued that Labour's publication of the principles "comprised one of a number of Crown responses to what is generally known as the 'Maori Renaissance'.
[12]The principles in the 1989 publication are as follow: The first Article of the Treaty gives expression to the right of the Crown to make laws and its obligation to govern in accordance with constitutional process.
The preservation of a resource base, restoration of iwi self-management, and the active protection of taonga, both material and cultural, are necessary elements of the Crown's policy of recognising rangatiratanga.
The relationship between community and distinctive development is governed by the requirement of cooperation which is an obligation placed on both parties by the Treaty.
The provision of redress, where entitlement is established, must take account of its practical impact and of the need to avoid the creation of fresh injustice.
Kāwanatanga (Article I of the Treaty) The authority to make laws for the good order and security of the country.
Ōritetanga (Article III of the Treaty, both versions) The right of Māori and non-Māori alike to equality of treatment, and the privileges and responsibilities of citizenship.
Kaitiakitanga The right of Māori to undertake their duty of guardianship/custodianship/ stewardship of their land and resources, and taonga of significance to them.
Tautiaki Ngangahau The duty of the Crown to ensure the active protection of taonga for as long as Māori so wish it.
First, as the bill's title implies, it seeks to remove all references to the undefined and divisive term "the principles of the Treaty of Waitangi" from legislation.
Finally, the bill aims to put an end to the expensive and never-ending litigious programme that has sprung up around these principles.
[26] In a legal analysis of the bill for Chapman Tripp, David Cochrane argued that without the principles it would probably be an "impossible task" for the Waitangi Tribunal to carry out its role.
[27] The ACT party has proposed a referendum on the Principles of the Treaty of Waitangi, something that gained media attention during the 2023 New Zealand general election campaign.
[33][34][35] In November 2023, the National Party promised to support a Treaty Principles Bill to select committee as part of its coalition agreement with ACT.
[36] ACT embarked on a public information campaign in early February 2024 to promote its Treaty Principles Bill.
This campaign included the creation of a new website called "treaty.nz," that has a video featuring ACT's leader, David Seymour.
