By Russell Palmer of RNZ

The four-page Treaty Principles Bill has been introduced and will be debated in Parliament next week.

As with all bills, the text begins with an explanatory note, includes links to some of the advice provided about it, such as a regulatory impact statement, and sets out the specific wording the law would change if enacted.

All parties other than Act have committed to voting the Bill down at the second reading after it has been to select committee, which would stop it from passing into law.

The Bill states it would set out the principles of the Treaty of Waitangi in legislation, and requires those principles to be used when interpreting legislation, where relevant.

A group of protesters gathered in Auckland's Newmarket. Photo / RNZ, Marika Khabazi

The Bill’s final clause states nothing in the Bill would amend the text of the Treaty of Waitangi or Te Tiriti o Waitangi.

The principles set out in the Bill as introduced are:

• Principle 1: The Executive Government of New Zealand has full power to govern, and the Parliament of New Zealand has full power to make laws, (a) in the best interests of everyone; and (b) in accordance with the rule of law and the maintenance of a free and democratic society.
• Principle 2: (1) The Crown recognises, and will respect and protect, the rights that hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time they signed it. (2) However, if those rights differ from the rights of everyone, subclause (1) applies only if those rights are agreed in the settlement of a historical treaty claim under the Treaty of Waitangi Act 1975.
• Principle 3: (1) Everyone is equal before the law. (2) Everyone is entitled, without discrimination, to (a) the equal protection and equal benefit of the law; and (b) the equal enjoyment of the same fundamental human rights.

The Bill also states that principles of the Treaty “other than those set out” by the Treaty Principles Bill “must not be used to interpret an enactment”, and clarifies that the Treaty Principles Bill does not apply to the interpretation of a Treaty settlement act or the Treaty of Waitangi Act 1975 in relation to historical treaty claims.

The Bill’s champion, Act’s leader David Seymour, hailed the introduction of the Bill in a media release saying the principles of the Treaty “are not going anywhere”.

Act leader David Seymour. Photo / Mark Mitchell

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“Either Parliament can define them, or the courts will continue to meddle in this area of critical political and constitutional importance. The purpose of the Treaty Principles Bill is for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.”

He noted a change made to the earlier version, with the second principle having been narrowed “to provide that the rights of hapū and iwi differ from the rights everyone has a reasonable expectation to enjoy only when those rights are agreed to as part of a Treaty settlement. This has occurred because the previous wording was too broad.”

He said the Treaty itself would not be changed, just the way it was interpreted in law.

Timeline:

• Bill introduced to Parliament on November 7;
• Hīkoi protesting against the Bill begins on November 10, departing from Cape Reinga on the 11th, to arrive at Parliament on November 18;
• First reading debate on the Bill during the week of November 11 to 15. Prime Minister Christopher Luxon will not be in the country during that reading;
• After first reading, Bill to be sent to select committee for six-month public hearing process;
• After select committee, Bill to be sent for second reading debate in Parliament - where all parties but Act have promised to vote it down.

Kerfuffle over early introduction

News broke on Tuesday that the Bill would be introduced to Parliament this week - a fortnight earlier than had previously been expected.

The change in timing came as the Waitangi Tribunal scrambled to publish the second part of its report on the Bill, and the treaty clause review set out in NZ First’s coalition agreement.

It was a scramble because the Tribunal is typically unable to publish material related to government bills once they have been introduced.

Once it had been notified of the changed timing through an official memo from the Government, it then informed the lawyers presenting evidence for its report so they could submit all their evidence in time.

Seymour accused the Tribunal of breaking the Government’s trust over the matter.

Te Pāti Māori co-leader Rawiri Waititi also condemned the earlier introduction, saying he believed it was aimed at halting the planned hīkoi. (The organisers have said they would not reschedule the hīkoi.)

Seymour said it was “much ado about nothing”, however, and the change in date was simply part of normal Parliamentary processes.

That’s somewhat backed up by most of the political parties, with Labour’s Chris Hipkins saying they would not normally expect to be informed of a change in the date of introduction. The Greens, meanwhile, welcomed having the detail of the Bill to scrutinise.

Luxon on Thursday defended the timing of the Bill’s introduction, saying he totally disagreed with the suggestion it was shifted to avoid the hīkoi.

“Totally disagree ... we’ve got a lot of legislation to do between now and Christmas and what we’re doing here is when legislation becomes available - in this case it was a couple of weeks earlier, it was drafted, and the legislation’s ready to go - we move legislation around all the time, so it’s not unusual at all.”

Luxon will not be in Parliament today for the Bill’s official tabling in the Debating Chamber - like other recent prime ministers he does not attend on Thursdays.

He will also not be in Parliament for the First Reading debate set down for next Thursday, as he will be in Peru for the Apec meeting. He will be at Parliament during the week of the planned hīkoi.