Dr Carwyn Jones: What does the Treaty Principles Bill propose? Why are people concerned?

Summary

Carwyn Jones, a Māori leader and educator, critiques a proposed bill that aims to redefine the principles of the Treaty of Waitangi. He highlights concerns over the bill's lack of consultation with Māori communities and its distortion of the treaty's original meaning. Jones argues that the proposed principles fail to recognize Māori sovereignty and rights, particularly the guarantee of tino rangatiratanga. He warns that passing the bill would undermine Māori rights and the mechanisms for holding the government accountable, especially in areas like health, education, and environmental protection. He calls for public submissions to demonstrate broad opposition to the bill.

Takeaways

• 😀 The bill proposes to redefine the principles of the Treaty of Waitangi, which would apply in legislation and the courts.
• 😀 The three principles outlined in the bill include government authority to make laws, respect for Māori rights as long as they don’t conflict with others' rights, and equality before the law.
• 😀 Carwyn Jones argues that the principles in the bill misrepresent the intentions of the Treaty, especially regarding the balance of power between Māori and the Crown.
• 😀 The first principle in the bill suggests full authority for the government and Parliament, but this ignores the Treaty’s guarantee of ongoing Māori authority (tino rangatiratanga).
• 😀 The second principle in the bill proposes that Māori rights be recognized only if they do not differ from the rights of others, undermining Māori sovereignty and authority.
• 😀 Carwyn Jones believes the bill’s principles are disconnected from the Treaty and inaccurately reflect Māori rights and guarantees.
• 😀 The bill is criticized for lacking consultation with Māori communities, violating the partnership ethos at the heart of Te Tiriti (the Treaty).
• 😀 The bill's provisions could reduce Māori's ability to hold the government accountable in areas such as health, education, and environmental protection.
• 😀 The bill risks narrowing the jurisdiction of the Waitangi Tribunal, which has historically protected Māori rights, including in relation to the environment.
• 😀 Jones argues that the bill’s approach is assimilationist, reinterpreting Māori rights as if they are equivalent to general human rights protections, which are already covered by other laws.
• 😀 The public submission process is seen as an opportunity to demonstrate that most New Zealanders oppose the bill, emphasizing the need for fair and just relationships between Māori and the broader community.

Q & A

What is the main objective of the bill discussed in the transcript?

The main objective of the bill is to redefine the principles of the Treaty of Waitangi, establishing three new principles that would apply whenever the Treaty is mentioned in legislation or courts.

What are the three proposed principles in the bill?

The three proposed principles are: 1) the government of New Zealand has full authority to govern, 2) the government will respect Māori rights under the Treaty, as long as those rights do not differ from the rights of other people, except where they are protected in treaty settlements, and 3) everyone is equal before the law.

How does Carwyn Jones feel about the consultation process of the bill?

Carwyn Jones criticizes the bill for lacking consultation with the Māori side of the Treaty partnership, describing the process as flawed and inconsistent with the relationship intended in the Treaty.

What is the issue with the first proposed principle about government authority?

The first proposed principle grants full authority to the government and Parliament, but Carwyn Jones points out that this authority under the Treaty is qualified by the guarantee of Māori tino rangatiratanga (authority), meaning it is not absolute, contrary to what the bill suggests.

What concern does Jones raise regarding the second principle about Māori rights?

Jones argues that the second principle undermines the recognition of Māori rights by subordinating Māori authority to Crown authority, which contradicts the full guarantee of tino rangatiratanga in the Treaty.

What does Jones say about the proposed changes to the Treaty principles?

Jones believes the proposed changes to the Treaty principles misrepresent the Treaty’s intent. He suggests that the principles in the bill do not accurately reflect the guarantees made to Māori in the Treaty, particularly in terms of Māori authority.

What are the broader implications of the bill for Māori communities according to Jones?

The bill could reduce Māori protections, particularly in areas like health, education, and the environment. It would also limit Māori's ability to hold the government accountable in court, removing legal mechanisms that have been used to address inequities.

How does the bill affect the Waitangi Tribunal?

The bill would narrow or weaken the jurisdiction of the Waitangi Tribunal, which currently operates based on the principles of the Treaty. The proposed principles in the bill would diminish the recognition of specific Māori rights, reducing the Tribunal's effectiveness.

What is Jones’s view on the approach taken by the bill in terms of Māori rights?

Jones views the bill’s approach as assimilationist, as it redefines the Treaty relationship in a way that removes the particular guarantees and protections Māori have, undermining their unique rights under the Treaty.

What does Carwyn Jones suggest is the most important aspect of the submission process on the bill?

Jones emphasizes the importance of showing that the majority of New Zealanders do not support the bill, advocating for submissions that demonstrate a desire for fairness, justice, and positive relationships across communities.