After much kōrero and āwangawanga, the coalition government’s Principles of the Treaty of Waitangi Bill (Bill) was introduced to Parliament this week. The Bill seeks to define the principles of te Tiriti o Waitangi / the Treaty of Waitangi (Treaty) and how they should be interpreted and applied.

What do you need to know about the Bill?

The Bill proposes to introduce the following three principles that will govern how the Treaty is interpreted (clause 6): 

• Principle 1 (Civil Government): The Government has full power to govern, and Parliament has full power to make laws, in the best interests of everyone, and according to the rule of law and in maintaining a free and democratic society.
• Principle 2 (Rights of hapū and iwi Māori): The Crown recognises the rights that hapū and iwi had when they signed the Treaty and will respect and protect those rights (when specified in Treaty settlements).
• Principle 3 (Right to equality): Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.

The Bill does not alter or amend the text of the Treaty itself or apply to the interpretation of any legislation implementing a Treaty settlement between iwi and hapū, and the Crown.

If this Bill passes through Parliament, it will not come into force until a referendum is held and a majority of voters support the Bill coming into force (clause 2).

What are the existing Treaty Principles and where do they come from?

The concept of ‘Treaty principles’ was introduced by the Treaty of Waitangi Act 1975, but the principles were not defined. Since then, the Courts and forums such as the Waitangi Tribunal have developed the understanding and meaning of the Treaty principles. For example, the Lands case ^[1] and the Broadcasting Assets case ^[2] are key cases outlining the Court’s interpretation of the Treaty principles. In those cases, the Courts recognised that the Treaty is a living document with its own ‘wairua’ that is continuously changing and that the spirit of the Treaty is more than its written articles.

Over time the Waitangi Tribunal and Courts have identified a number of Treaty principles including: 

• Partnership
• Active protection
• Equity and equal treatment
• Redress
• Informed decision-making
• Self-determination
• Right of development

Parliament has also made reference to the Treaty principles in various pieces of legislation. However, to date, Treaty principles have not been expressly defined or set out in legislation.

For further reading on the background and development of Treaty Principles, see the Waitangi Tribunal’s Report “Ngā Mātāpono: The Principles”, which can be found here.

What is next for the Bill?

According to press releases, the Bill will have its First Reading next Thursday 14 November 2024. The coalition government has committed to supporting the Bill to select committee (which will follow the First Reading). At the select committee stage, the public will be able to make submissions on the Bill. 

Deadline for submissions for Select Committee will be announced after the Bill has been referred to the Justice Committee.

Get in touch

Please get in touch with one of our experts below if you have any queries regarding the Bill or if you would like assistance in making a submission on the Bill if it goes to select committee. 

Special thanks to Avary Patutama, Sarah Gwynn, Taumata Toki and Grace Mohi (members of Te Paringa Tai) for their assistance writing this article.