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Leader's LetterSeptember 2006
Principles - What Principles?The Principles of the Treaty of Waitangi Deletion Bill was voted to the Justice and Electoral select committee at its first reading in July, and I will be a non-voting member of that committee for the duration of the bill. As you are aware, this is the second time New Zealand First has had such a bill drawn from the ballot, and the government agreed to support this one to select committee as part of its Confidence and Supply Agreement with New Zealand First. There are several reasons why New Zealand First places a high degree of importance on this issue. Reference to the principles of the Treaty of Waitangi in legislation, without any definition of their meaning, makes it very difficult for members of the legal and judicial professions to carry out their work. In order to be effective, legislation needs to be clear and unambiguous or else it becomes a farce, with different interpretations put on it by different people. This opens the way for mischievous arguments by lawyers and others who see fit to exploit the vagueness of the law with ongoing and expensive litigation regarding the relevance and meaning of the principles. It also undermines the legal and constitutional basis of our country by dint of the generic references, which are enshrined in some statutes but not in others. If the principles are so important, why for example must they be "taken into account" by people exercising powers under the Resource Management Act, but not get a mention in the Education Act? The infiltration of the abstract principles in our legislation also has implications for our public servants who are compelled to try and incorporate them into the workplace and in carrying out the policy directives and legislation handed to them by the government. If they are to pay more than lip service to the principles of the Treaty, then surely they should be given clear directives as to how exactly they are supposed to incorporate them in practical terms. If those directives cannot be given, then the whole thing starts to look a bit nonsensical. The principles were never part of the original Treaty, and New Zealand First questions how their inclusion, made on a political whim two decades ago, can still be justified today, given the fact that they have never been defined. We feel that the principles have become an obstacle on the true pathway to success for both Maori and non-Maori. This pathway has education as its foundation, and includes the basics of health, housing and employment opportunities which, in 2006 and despite over 20 years of the principles in legislation, are still sadly elusive to many Maori. Removing the undefined principles from legislation will not affect the Treaty of Waitangi and its relevance to New Zealand. New Zealand First is absolutely committed to the Treaty as a founding document of our nation, and as a symbol of unity. It is a document that is central to New Zealand, and in view of the experiences of other colonised countries without treaties, we are fortunate indeed to have it. But we cannot stand by and witness the folly that has grown up around it, and the Deletion of the Principles of the Treaty of Waitangi Bill seeks to address and remedy some of that. Pita Paraone MP Maori Affairs Spokesperson
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