At A Glance

• A bill seeking to redefine the legal interpretation of the Treaty of Waitangi was introduced to New Zealand’s parliament, having passed its first reading on 21 November.

• Spearheaded by governing coalition party ACT New Zealand, the proposed legislation seeks to emphasise the equality of all New Zealand citizens by removing implied special treatment of Māori citizens.

• Despite voting in favour of the bill during the first reading, ACT’s coalition partners have pledged to not support the bill in later stages, with the bill now heading into a public submission stage conducted by the Justice Committee.

  
  

What Is Happening in New Zealand?

On November 7, a bill proposing to change the legal interpretation of the Treaty of Waitangi was presented to New Zealand’s parliament. Championed by the leader of the ACT New Zealand party, David Seymour, who is part of the current ruling coalition government, the ‘Principles of the Treaty of Waitangi Bill’ seeks to recontextualise how the clauses of the document should “be used when interpreting legislation” regarding the rights of Māori citizens.

Seymour asserts that the bill will help give all New Zealand citizens “equal rights”, irrespective of their ethnicity. The proposed legislation asserts that all New Zealanders should enjoy a “free and democratic society” and that the “Executive Government” holds “full power to make laws” in line with this belief. The bill also notes that the proposed legislation does not “amend” in any way the original text of the treaty, but merely provides a legal framework within which its principles should be applied to modern laws.

The Treaty of Waitangi is widely considered the foundational document of New Zealand, signed in 1840 by representatives of the British Crown and Māori chiefs. In return for ceding “all rights and powers of sovereignty” over New Zealand to the British Crown, the Māori were promised "the full exclusive and undisturbed possession of their Lands " as well as the “Rights and Privileges of British Subjects.” The tabled legislation has been met with criticism from Māori representatives, constitutional scholars and politicians for threatening to undermine the integrity of the original agreement.

The governing coalition, which includes ACT New Zealand, the National Party, and New Zealand First voted in favour of the legislation during its first reading on November 14, while Labour, Green, and Te Pāti Māori voted against the bill. This preliminary vote tallied 68-54, passing this initial stage. Following this, 42,000 protesters demonstrated in front of the New Zealand Parliament in Wellington, demanding to “Kill the Bill.” Now the bill has been referred to a select committee opening it up to public submissions, after which it will have to pass a second reading.

Whats In It For You?

For Māori people in New Zealand, the passing of this bill into law would rework the conventions of how relations between tribal citizens and the Federal Government are understood. The Treaty of Waitangi is a significant source of pride for Māori people, and has empowered the national community to protect their culture, language and customs in ways that were not granted to other First Nations people in settler states.

ACT New Zealand’s proposal, however, has been slammed as a “direct threat” to Māori rights by Te Rūnanga o Toa Rangatira chief executive Helmut Modlik. The incumbent national government, elected in October 2023, has already taken action to remove “race-based policies” from national law, abolishing institutions like the Māori Health Authority and removing consultation requirements with Māori representatives pertaining to environmental policy. The passing of this bill would not only continue to raise concerns within the Māori community, but strengthen the platform of Te Pāti Māori, an opposition political party which exclusively advocates for Maori rights.

ACT New Zealand promoted its revised interpretations of the treaty’s principles as a critical component of its election campaign in 2023 and managed to pick up 11 seats in parliament as a result, resonating with conservative voters. Should this bill fail to pass into law, a major part of the party’s platform will have been undermined. This could mean that ACT New Zealand will be more motivated in the 2026 elections to push their beliefs over the treaty’s principles or have to adopt a more moderate position capable of garnering support from other New Zealand political parties.

While the Nationals and the New Zealand First voted in favour of the bill, they did express that they would not support the bill in the later stages past the second reading. This decision to not fully support their coalition partner’s flagship proposed policy could create conflict within the government. Seymour criticised Prime Minister Christopher Luxon and his Nationals MPs for not supporting the treaty principles bill, asserting that they are “afraid of taking on hard issues”.

As per the coalition’s governing agreement, Seymour is set to take over the role of Deputy Prime Minister from New Zealand First leader Winston Peters at some point in 2025. With a lack of support from the senior partner of the government, Seymour could compensate for his proposed bill’s failure by pushing for even greater concessions on other matters of Māori presence in New Zealand’s professional and civil societies.

What Happens Next?

Despite the protests on November 19 and the declaration by the Nationals and New Zealand First not to support the bill in later stages, the bill will remain in the parliamentary process and New Zealand's politics in the near future. The bill has now been referred to the Justice Committee, which has issues a call for public submissions, which will be accepted in English and te reo Māori until 7 January 2025. There is no set time for a second reading, however, it is expected to occur in around 6 months, when parties will have the ability to introduce amendments and subsequently vote on the future of the bill.

The Polis Team in Melbourne, in collaboration with the Young Diplomats Society in Melbourne