Controversial Treaty Principles Bill to be considered by Cabinet on Monday

A draft version of the government's controversial Treaty Principles Bill will be considered by Cabinet on Monday.

The final version will be considered again by Cabinet before it is introduced to Parliament.

The move comes as 440 Christian leaders sign an open letter calling on MPs to vote down the Bill.

It also comes just days after Kiingi Tuheitia, the Māori king, was laid to rest, and a little over two weeks since the issue was raised again by the Kiingitanga at Koroneihana.

Kiingi Tuheitia had called a rare nationwide hui at Tuurangawaewae in response to government policies earlier this year, where he stated: "Mana motuhake is ours, it will last forever."

Rahui Papa, an advisor to Kiingi Tuheitia, told the prime minister at Koroneihana: "Get rid of all the Māori-bashing, racist bills and policies and procedures."

ACT did not attend Koroneihana, the last in which politicians came face to face with the late Māori king, but was present to farewell him at his tangihanga.

National and NZ First both took the opportunity at Koroneihana to state clearly they would not support the Bill beyond its first reading.

Prime Minister Christopher Luxon has been under immense pressure from Māori to reject the Bill, and was encouraged by opposition parties at Koroneihana to throw the policy out entirely before it was introduced.

"Unity doesn't mean all of us being or thinking the same," Luxon said at Koroneihana.

"I want to be clear here today that the National Party will not support the Treaty Principles Bill beyond first reading."

Shane Jones, on behalf of NZ First, also told those gathered "The Treaty Principles Bill will not be voted for by New Zealand First beyond its introduction into Parliament".

The Bill was part of the coalition agreement between ACT and National, which promised to introduce a Bill based on existing ACT policy and support it to a select committee as soon as practicable.

ACT campaigned on it, promising a public vote on scrapping the principles established through the courts - such as partnership - and codifying in law a new interpretation focused on equality and property rights.

ACT leader David Seymour has argued the interpretation of these principles was developed through the Waitangi Tribunal, courts and public service, and "New Zealanders as a whole have never been democratically consulted on these Treaty principles".

He said ACT held as a basic value that every child in New Zealand deserved the same respect and dignity including equality before the law, and it was this belief which underpinned the Treaty Principles Bill.

"It's a principle that has the backing of our nation's founding document, with Article Three of Te Tiriti promising the same rights and duties for all New Zealanders."

A leaked Ministry of Justice document in January this year outlined the proposed principle. It noted the proposed bill was "at odds with what the Treaty of Waitangi actually says", and would "change the nature of the principles from reflecting a relationship akin to a partnership between the Crown and Māori to reflecting the relationship the Crown has with all citizens of New Zealand".

An ACT party website later confirmed the proposed new principles:

• Article 1: Kawanatanga katoa o o ratou whenua. The New Zealand Government has the right to govern all New Zealanders.
• Article 2: Ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa. The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property.
• Article 3: A ratou nga tikanga katoa rite tahi. All New Zealanders are equal under the law with the same rights and duties.

The website further stated the Bill would not change the Treaty itself: "That was set in 1840 and will remain forever. What we are seeking to do is continue the process of defining the Treaty principles, for the first time incorporating the voices of all people through a democratic Parliamentary process, instead of through the Tribunal or the courts."

The policy has been marred with controversy, causing protests and drawing criticism from both Māori and non-Māori, including a group of Māori translators who said the bill was based on a translation of te Tiriti which was "deeply flawed" and failed "international translation ethical standards".

On Monday morning, Common Grace Aotearoa released an open letter signed by 440 Christian leaders who oppose the intent of the Bill.

The leaders said the Bill "does not recognise the collective rights of iwi Māori or guarantee their relationship with the Crown" and called on all MPs to vote it down.

In response, Seymour said it was not the first time the church had tried to prevent people from having a say on one of his policies, the first being the End of Life Choice Act.

"Thankfully people were given the opportunity to make their own minds up then," adding that he hoped this Bill would be no different.

Discussions on how to challenge the government over this, and other policies, took place at the nationwide hui organised by the Kiingitanga, at Rātana, and at Waitangi earlier this year.

The Waitangi Tribunal - set up to consider questions around how the Treaty is interpreted, and subsequent breaches - has since released a report in regards to the policy after an urgent hearing. It said the Bill:

• lacked a policy imperative justifying its development;
• was based on flawed policy rationales;
• was 'novel' in its Treaty interpretations;
• was fashioned on a disingenuous historical narrative; and
• distorted the text of te Tiriti o Waitangi.

A group of Māori rights activists, including Tame Iti, Hone Harawira and Annette Sykes, called last week for a national hīkoi from Te Hapua to Wellington "to mobilise all our communities so that we arrive in Wellington on or about the day of the introduction of the Treaty Principles Bill".