The issue of Maori, Crown and Local Council relationships has been a hot topic in The Informer in recent months.
More than 180 years after its signing, the Treaty of Waitangi remains foundational to New Zealand’s legal and cultural identity. However, debate continues over its principles, reignited by the ACT Party’s Treaty Principles Bill. This proposal aims to redefine Te Tiriti principles through legislation, dismissing decades of nuanced interpretation by the Waitangi Tribunal and the courts. While the Bill may seem like a solution, it is more likely to undermine Māori-Crown relationships, disrupt race relations, and sidestep meaningful dialogue on Treaty matters.
The Waitangi Tribunal recently released its second interim report on the Bill, a 145-page document strongly condemning it. The report stated that if enacted, the Bill would constitute the “worst, most comprehensive breach of the Treaty/te Tiriti in modern times.” It warned that the legislation could lead to the end of the Treaty itself if not repealed. According to the Tribunal, the Bill would fundamentally alter every statutory regime impacting Māori, effectively ending the Treaty/te Tiriti partnership and severing the formal relationship between the Crown and Māori. The report goes so far as to claim, “At present, the progressing of the Bill is having serious impacts on the relationship, but the Bill if enacted would kill that relationship. This is deliberate.”
ACT’s proposal risks destabilising legal protections and introducing unnecessary uncertainty. Despite claims that Treaty principles are vague or unknowable, the last half-century of Tribunal reports and almost four decades of case law have clarified the Treaty’s intent. Redefining these principles through Parliament would compromise established Māori rights, creating rather than resolving legal ambiguity.
Critics suggest that ACT’s stance reflects a lack of understanding of the Treaty’s purpose, but this view may underestimate ACT’s hidden agenda. Rather than misunderstanding the Treaty, ACT’s approach aligns with its commitment to deregulation and privatisation. Treaty principles have often counterbalanced free-market policies; restricting them could facilitate the privatisation of public assets and reduce governmental oversight. For ACT, the Treaty’s protections for Māori may be viewed as obstacles to implementing these extreme economic reforms.
Moreover, the Treaty Principles Bill has little chance of passing, with the National Party already opposing it beyond the select committee stage. This suggests ACT’s intent is less about Treaty reform and more about using divisive tactics to gain political advantage. Pushing a Bill with little hope of success generates publicity and appeals to certain factions, creating division rather than progress.
With the Treaty’s bicentennial approaching in 2040, New Zealand should consider a more inclusive, constructive approach. Instead of legislating Treaty principles, a deliberative democratic process could help shape Treaty policy that is fair, modern, and enduring. Citizens’ assemblies are proven models for complex issues, such as Ireland’s approach to social change; a promising path forward. By fostering dialogue among New Zealanders from diverse backgrounds, these assemblies would allow for shared understanding and consensus on Treaty matters, reflecting both Māori and non-Māori perspectives.
Deliberative democracy aligns well with Māori traditions of hui and kōrero, where open discussion helps reach collective solutions. Such a platform would ensure new frameworks are grounded in mutual respect, rather than polarising debate. Bringing Māori and non-Māori together to discuss and determine the Treaty’s future would honour its partnership principles and provide a more stable basis for policy. This approach, built on inclusion and collaboration, offers a path to a Treaty framework that is resilient and relevant.
Political leaders, especially Prime Minister Chris Luxon, should choose an inclusive national conversation over divisive legislative attempts. By fostering open dialogue, they could demonstrate true leadership and ensure that New Zealand’s future reflects shared values. An informed, respectful national conversation would better serve the Māori-Crown partnership than ACT’s narrow Bill, which risks heightening divisions and undermining the Treaty’s founding spirit.
New Zealand stands at a pivotal moment, with an opportunity to reshape its approach to Treaty principles through deliberative and democratic means. Rather than relying on legislation that simplifies and narrows these complex issues, we should seek a comprehensive process that respects Māori culture, legal traditions, and shared heritage. Political tactics that exploit racial tensions serve only to divide, whereas fostering understanding and collaboration will strengthen New Zealand’s foundation for future generations.
Denis Tegg is a former lawyer and Waikato Regional Council representative for Thames Coromandel
