The Principles of the Treaty of Waitangi Bill would “set out the principles of the Treaty of Waitangi in legislation and to require, where relevant, that those principles must be used when interpreting legislation.”
The following is my submission on the Bill:
Ko tangata tiriti te iwi.
Nō Ireland rātou ko Scotland, ko England ōku tīpuna.
Nō Tāmaki Makaurau ahau.
Ko Damian Light taku ingoa.
My name is Damian Light, I was born in Tāmaki Makaurau Auckland and have lived here my entire life. I am a Pākehā whose ancestors came to this country generations ago from Ireland, Scotland, and England. I am an elected member of Auckland Council (Howick Local Board), but this submission is in my own name. I do not need to be heard by the Select Committee - my submission speaks for itself.
I strongly oppose the Bill and call on the Select Committee to recommend the Treaty Principles Bill not be referred to a second reading.
Te Tiriti o Waitangi is a foundational document for this nation and cannot be reworded, rewritten, or redefined without risking undermining its constitutional value. This Bill and the process that has led to this point has been rushed, poorly considered, and harmful to our constitutional arrangements. The lack of meaningful engagement with Māori, one of the two partners in the signing of the Treaty while attempting to redefine its legal effect, is extremely harmful and dangerous.
Te Tiriti o Waitangi enabled my ancestors to come to this country, to make it their home. Some fled racial and religious intolerance, others were seeking an opportunity for a new start. Generations later I believe they would still want us to strive for the freedoms and opportunities they came here for. For their sake and future generations, we must honour the Treaty.
Some of this is hard, requiring us to acknowledge that we (directly or indirectly) have not lived up to the promises made in 1840. We can't change the past, but we can (and must) learn from it. This attempt to redefine the principles is a distraction from the ongoing redress and settlement processes.
Despite being a Government Bill, it lacks any serious support. Two of the three government coalition parties agree and have said they will not support this Bill past its first reading. The lack of political support together with the extremely short time frames reflect that this is a deeply flawed and unserious attempt at bilateral constitutional reform.
The Regulatory Impact Statement prepared by the Ministry of Justice that notes that they “consider the status quo is more beneficial”, that the Bill “does not accurately reflect Article 2” and that the “proposed Bill could be seen as an attempt to limit the rights and obligations created by the Treaty.” It also makes it clear that the bill is unnecessary, noting that “The status quo also provides a higher degree of certainty about what the Treaty principles are and how they operate in New Zealand law. The existing principles have been developed over years of jurisprudence and by the actions of successive Governments.”
Despite any challenges (real or perceived), Te Tiriti o Waitangi is the founding document of our nation and must be respected.
Toitū te Tiriti. Honour the Treaty. Reject this Bill.