Explanatory note
This bill eliminates all references to the expressions "the principles
of the Treaty", "the principles of the Treaty of Waitangi"
and the "Treaty of Waitangi and its principles" from all New
Zealand Statutes including all preambles, interpretations, schedules,
regulations and other provisos included in or arising from each and
every such Statute.
The Bill seeks to correct an anomaly which has harmed race relations
in New Zealand since 1986 when the vague term "the principles of
the Treaty of Waitangi" was included in legislation.
As this anomaly was created by Parliament through the legislative process,
Parliament must address the damage and harm these "principles"
have inflicted on both Maori and non-Maori. The first step must therefore
be to remove all reference to these insidious principles from all legislation.
This Bill achieves this.
We note the following in relation to these principles:
- Firstly, they were inserted by the Fourth Labour government, not
at the request of Maori, but by paternalistic and interfering Ministers.
- Secondly, while Parliament inserted them in legislation, Parliament
never actually defined them. This task has fallen to judges, who have
taken an increasingly activist, liberal and broad license in providing
a form of definition. However, despite nearly two decades of existence,
these principles remain largely undefined and ambiguous.
- Thirdly, these principles have become a source of ongoing litigation
regarding their relevance and meaning. While this has substantially
benefited those associated with the legal process, there has been
no tangible benefit for Maori as a consequence of their existence.
Indeed, the focus on and cost of the associated legal processes has
not only needlessly diverted large amounts of money away from more
pertinent issues, it has also surreptitiously created unrealistic
expectations among Maori in relation to their entitlements from society.
- Fourthly, these principles have become a diversion away from the
true pathway to success for both Maori and non-Maori: a strong education
system, reliable healthcare, employment and housing and a sprit of
entrepreneurship and vision.
The principles have allowed some Maori to continue to portray themselves
as victims constantly in grievance mode, a mentality which leads down
a dead end path from which no true progress can come. It also anchors
Maori (and tries to do the same to non-Maori) to the past, limiting
their prospects for the future.
Finally, these principles are a divisive mechanism which has set one
group of New Zealanders against another. The world watched with horror
last century as South Africa went down a destructive path of separate
development and it would be tragic indeed for New Zealand to follow
such an ideology.
Rt Hon Winston Peters
"Principles of the Treaty of Waitangi"
Deletion Bill
(Member's Bill)
Contents
1.Title
2.Commencement
3.Purpose
4.Interpretation
5.Repeals and revocations
(Taken from Text)
The Parliament of New Zealand enacts as follows:
1. Title
"Principles of the Treaty of Waitangi" Deletion Act.
2. Commencement
This Act comes into force on the date after the date on which it receives
the Royal assent.
3. Purpose
The purpose of this Act is to delete and remove from all of the Acts
of Parliament of New Zealand those sections or subsections which contain
the following expressions -
a. "the principles of the Treaty";
b. "the principles of the Treaty of Waitangi"; and
c. "Treaty of Waitangi and its principles".
4. Interpretation
To avoid doubt for the purposes of this Act the expressions "the
principles of the Treaty" and "Treaty of Waitangi and its
principles" shall mean and shall be deemed to mean "the principles
of the Treaty of Waitangi".
5. Repeals and revocations
1. (1) The sections or subsections in the following Statutes are hereby
repealed -
a. Section 4 of the Conservation Act 1987.
b. Section 4 of the Crown Minerals Act 1991.
c. Section 84(b) of the Crown Pastoral Land Act 1998.
d. Section 10 of the Crown Research Institutes Act 1992.
e. Section 181(b) of the Education Act 1989.
f. Section 6(d) of the Energy Efficiency and Conservation Act 2000.
g. Section 3 of the Foreshore and Seabed Endowment Revesting Act 1991.
h. Section 3 of the Harbour Boards Dry Land Endowment Revesting Act
1991.
i. Section 6 of the Hauraki Gulf Marine Park Act 2002.
j. Section 8 of the Hazardous Substances and New Organisms Act 1996.
k. Section 115(2) of the Historic Places Act 1993.
l. Section 4 of the Land Transport Management Act 2003.
m. Section 4 of the Local Government Act 2002.
n. Section 6(e)(ii)(B) of the Maori Fisheries Act 1989.
o. Section 4 of the New Zealand Public Health and Disability Act 2000.
p. Section 6(1), 6(2)(e), 6(4)(c) and section 7 of the Ngati Tama Claims
Settlement Act 2003.
q. Section 5.1. of the Ngati Turangitukua Claims Settlement Act 1999.
r. Section 8 of the Resource Management Act 1991.
s. Section 10(o) of the Royal New Zealand Foundation of the Blind Act
2002.
t. Section 24(2)(a) of the Royal Society of New Zealand Act 1997.
u. Section 9 of the State Owned Enterprises Act 1986.
v. Section 8(e) of the Te Urio Hau Claims Settlement Act 2002.
w. Section 10(a) and (b) of the Treaty of Waitangi (Fisheries Claims)
Settlement Act 1992.
x.Section 40.8HB of the Crown Forest Assets Act 1989.
y. Section 4 of the Land Management Act 2003.
z. Section 4 of the Te Runanga o Ngai Tahu Act 1996.
aa. Section 8(e) of the Te Uri o Hau Claims Settlement Act 2002.
bb. Section 6(1)(d) and section 8(1) of the Treaty of Waitangi Act 1975.
cc. Section 6(2) and section 10 1(a)(i) of the Ngai Tahu Claims Settlement
Act 1998.
dd. Section 7(3) of the Pouakani Claims Settlement Act 2000.
2. The enactments set out in subsection (1) are further amended by
omitting from every Preamble and every schedule, in each place they
occur, the expressions-
a. "the principles of the Treaty";
b. "the principles of the Treaty of Waitangi"; and
c. "Treaty of Waitangi and its principles".
3. Every regulation made under any of the enactments set out in subsection
(1) is revoked where that regulation contains references to-
a. "the principles of the Treaty";
b. "the principles of the Treaty of Waitangi"; and
c. "Treaty of Waitangi and its principles".
