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The Treaty Principles Bill, proposed by the ACT Party of Aotearoa, sought to redefine the Treaty of Waitangi’s principles through legislation and a potential referendum.
Touted as a way to clarify the Treaty’s role and ensure equality, it instead proved a bad idea by undermining MΔori partnership, threatening indigenous rights, deepening social divides, and lacking constitutional legitimacy—jeopardising New Zealand’s bicultural foundation.
The Bill’s fatal flaw began with its process.
The Treaty, signed in 1840 between MΔori and the Crown, is a partnership agreement, yet MΔori were largely excluded from the Bill’s development.
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Additional Reading:.
The Waitangi Tribunal condemned this as a breach of the Treaty’s principles—partnership, reciprocity, and active protection—forged over decades of jurisprudence.
New Zealand has spent years addressing colonial wrongs like land loss and cultural erosion through Treaty settlements.
By sidelining MΔori, the Bill echoed historical overreach, risking the trust built since the 1970s.
For a nation committed to reconciliation, this exclusion was a regressive misstep.
Substantively, the Bill endangered MΔori rights under Te Tiriti o Waitangi, particularly tino rangatiratanga (self-determination) from Article 2.
Its principles prioritised Crown governance, limited MΔori rights to settled claims, and pushed a uniform legal equality.
Critics, including legal experts, argued this flattened the Treaty’s intent: not assimilation, but protection of MΔori authority alongside Crown rule.
Policies addressing colonial disparities—like MΔori health programs—rely on this framework.
The Bill’s simplistic “equality” threatened to dismantle such equity measures, entrenching disadvantage under a false fairness banner.
This wasn’t progress; it was a rollback of Treaty commitments.
Socially, the Bill ignited division.
A national hΔ«koi drew thousands, parliament saw a haka and chaos, and over 300,000 submissions—90% opposed—flooded the Justice Select Committee.
It wasn’t just policy debate; it was a clash over identity.
Opponents saw it as fueling anti-MΔori sentiment, while ACT’s David Seymour called the backlash “spam,” dismissing its depth.
New Zealand thrives on cultural dialogue, not diktats.
The Bill shattered that, sowing distrust at a time when unity matters most—post-pandemic and amid global strain.
Its fallout could haunt social cohesion for years.
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Constitutionally, the Bill was on thin ice. New Zealand’s unwritten constitution balances parliament, courts, and the Treaty, with principles shaped organically over time.
The Bill’s rigid redefinition, driven by a slim coalition and bypassing MΔori and judicial input, lacked legitimacy.
Critics, including 40 King’s Counsel and ex-PM Jenny Shipley—who warned of “civil war”—highlighted its recklessness.
A referendum can’t rewrite a bilateral pact without undermining the rule of law.
The Select Committee’s recommendation to scrap it reflected its unviability.
The Treaty Principles Bill emerges as a flawed, divisive gamble. It alienated MΔori, imperiled their rights, fractured society, and flirted with constitutional chaos—all without broad support.
The hΔ«koi and submissions proved its rejection.
New Zealand deserves a Treaty conversation rooted in respect, not this ill-conceived detour.
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