Press Release – The Maori Party

I rise to talk to the Maori Party’s supplementary order paper, to insert a new clause 4B to give effect to the principles of the Treaty. Treaty Clause – Local Government (Auckland Law Reform) Bill
Rahui Katene, MP for Te Tai Tonga
Tuesday 1 June 2010

I rise to talk to the Maori Party’s supplementary order paper, to insert a new clause 4B to give effect to the principles of the Treaty.

The House will be aware that the Maori Party has serious concerns with this Bill particularly the way mana whenua are cut out of real decision-making.

And I want to thank Mr Hawkins for bringing the House’s attention to our minority report. I also want to thank him for his concern that the Maori Party member was unable to attend every hearing of the select committee. Perhaps his concern is due to the fact that he fails to understand that Maori Party members have very close contact with the mana whenua in Tamaki Makaurau and aroud the country and are very well aware of their concerns unlike that Party when they were in government.

But as I said we do have concerns with this Bill and we have a solution to the problem inherent in the Bill, and that is my supplementary order paper …
I remind the House that the relationship and confidence and supply agreement entered in between the National Party and the Maori Party included in its introductory words, that, and I quote;

“Both the National Party and the Maori Party will act in accordance with Te Tiriti o Waitangi, the Treaty of Waitangi”.

This SOP is therefore inkeeping with the efforts of the Maori Party, to recognise the Treaty of Waitangi, and specifically set out the ongoing decisions on which Crown has an obligation to consult.
The purpose of the SOP is to amend the Local Government (Auckland Law Reform) Bill to ensure that we do indeed make great progress in honouring the Treaty.

The supplementary order paper is designed to

- give coherence to the Government’s commitment to the partnership between Māori and the Crown,

- to give legal effect to the commitment to the principles of the Treaty,

- to maintain Māori confidence in the Auckland area, and

- to accelerate progress towards social, cultural and economic development and wellbeing between Māori and non-Māori.

We put forward this amendment, as we firmly believe that a Treaty of Waitangi clause will provide a legitimate and substantive framework upon which decisions regarding Auckland will be considered.

We also present this amendment, in the context of the annual review of relations released in March by the Human Rights Commission. That review identified Māori representation in local government and an effective voice for Māori in the decisions of the new Auckland Council as being among the top ten race relations priorities.

Another foundation for the amendment, is of course in due recognition of the Declaration of the Rights of Indigenous Peoples.

We are particularly mindful of article 18, which sets out the aspiration that “indigenous peoples have the right to participate in decision-making in matters, which would affect their rights, through representatives chosen by themselves”.

The amendment is in itself explicit recognition that these issues are respectively not recognised by a Māori advisory group.

We are also motivated by the desire to uphold the nation’s constitutional foundations, current law, and the wish of the people, particularly mana whenua for the benefit of Māori and the wider public.

The final platform for this amendment being presented is to enact the intentions of the Local Government Act 2002, which sets the expectation, that local authorities will “foster Māori capacity to contribute to the decision-making processes of the local authority”.

Mr Speaker, I present this SOP in the knowledge that the Treaty was effectively absent from New Zealand legislation for over 135 years.

In 1975 the Treaty of Waitangi Act effectively incorporated the Treaty into legislation, and delegated a role to the Tribunal to determine the meaning of the Treaty and Treaty principles.

Since that time Parliament has included Treaty legislative references and provided some legislative guidance on the Treaty’s meaning.

Mr Speaker, our SOP today, provides the key statement, “This Act must be interpreted and administered so as to give effect to the Principles of the Treaty of Waitangi”.

In doing so, we believe these provisions align with other similar legislative provisions which are often used in the statute to ensure the Treaty is treated with the highest level of attention.

But there is another element to the SOP which bears further discussion and that is the wording ‘to give effect’.

For those in the House with a good knowledge of the statute you will recall this is found in section 4 of the Conservation Act, “this Act shall so be interpreted and administered as to give effect to the principles of the Treaty of Waitangi”.

Mr Speaker, if one was to wander through legislation we would see a colourful menu of clauses which effectively incorporate the Treaty. There is a rich archive of legislative activity in relation to the Treaty which has helped to guide the appropriate interpretation of Treaty clauses in legislation.

Mr Speaker, we understand there is a wide spectrum of knowledge around this House, about what the Treaty means in practice.

If there was ever an issue that the Treaty principles should have been applied it would have been the Local Government (Tamaki Makaurau Reorganisation) Act. The governance reorganisation of Auckland would have been an entirely appropriate mechanism to enhance Treaty responsiveness.

It didn’t – more the shame – but that’s another story.

But this Bill – Local Government (Auckland Law Reform Bill) – is a chance to set the record straight, to pursue an honourable course of Treaty jurisprudence.

Mr Speaker, our intentions in drafting the Treaty clause are to provide for the ongoing engagement of tangata whenua in the scheme and ensure that the distinct situation of Iwi Māori, including rights and interests under the Treaty, are fairly accommodated in implementation of the scheme.

I want to return to the notion of the Treaty principles.

In case there is any doubt, the Court of Appeal defines these Principles as:
* A relationship of a fiduciary nature that reflects a partnership imposing the duty to act reasonably, honourably and in good faith;
* The Government should make informed decisions;
* The Crown should remedy past grievances;
* Active protection of Maori interests by the Crown
* The Crown has the right to govern
* Maori retain rangatiratanga over their resources and taonga and have all the rights and privileges of citizenship.

And if Members are still unsure, they should consult the Waitangi Tribunal which gives further specificity to the principles as:
* Partnership
* Fiduciary duties
* Reciprocity – the cession of Maori sovereignty in exchange for the protection of rangatiratanga, leading to the duty to act reasonably, honourably and in good faith;
* Mutual benefit leading to the duty to act reasonably, honourably and in good faith;
* Redress for past grievances
* Equal status of the Treaty parties;
* The Crown cannot evade its obligations by conferring its authority on another body
* Active protection of Maori interests by the Crown
* Options – the principle of choice
* The courtesy of early consultation.
And if that’s still not enough, there’s always the principles proposed by the Executive:

* The Government’s right to govern
* The right of iwi to self management of their resources
* Redress for past grievances
* Equality, all New Zealanders are equal before the law
* Reasonable cooperation by both parties

Mr Speaker, I have gone to the trouble of spelling out these legislative references and description of the Treaty principles because it appears that some members in this House are still not aware of their meaning.

The truth is, Mr Speaker, we have come a long way from 1878 in Wi Parata v Bishop of Wellington which suggested that the Treaty was a simple nullity because Maori tribes were incapable of performing the duties and therefore assuming the rights of a civilised community.

We are in new enlightened times – times which reflect the strength and survival of iwi who have advanced the debate so significantly about Treaty rights.

The Maori Party is extremely proud to have brought to this debate the crucial significance of the Treaty for local government organisation in such a key issue as in Auckland law reform.

The Treaty clause is about recognising our founding document and recognising that the Treaty is about joint responsibility and working together. The scheme also relies on regulations for much of its implementation. The Treaty clause will ensure iwi and Maori are able to participate in the development of these rules.

The amendments we put forward clarify how the rights and interests of Iwi under the Treaty of Waitangi / Te Tiriti o Waitangi are to be incorporated in this legislation.

They provide for consultation with Iwi on matters under the Act.

And they breathe life into this legislation in terms of enacting the responsibilities of the Crown to incorporate the Treaty into legislation.

ENDS

Content Sourced from scoop.co.nz
Original url