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TREATY OF WAITANGI
INTRODUCTION
The Treaty of Waitangi is an important historical document. It gave all New Zealand citizens rights and protection as British subjects and contained a shared vision of the peoples of New Zealand living in harmony.
Over the past few decades the status of the Treaty has changed as a result of political interference, Maori radicalism and judicial activism. Instead of binding us as equal citizens under one rule of law for all, the Treaty now divides, polarises and isolates us. For the first time in our proud social history we face the threat of racial division. We cannot afford to leave an unhappy legacy of social and economic strife to future generations.
We have always believed in the concept of a fair go for all New Zealanders and this includes settling genuine historical grievances. The Treaty was never intended to cast a suffocating cultural cloud over New Zealand, forcing all citizens to live in its intolerant shadow. Such a path will ultimately lead to a destabilised and divided nation with the potential to erode our international and economic status.
Parliament created these problems. It is time for Parliament to solve them.
Three fundamental issues are at the core of Treaty discontent:
- Lack of progress in expeditiously addressing historical grievances.
- Lack of clarity as to the 'contemporary status of the Treaty'.
- The pervasive influence of a new ethos based on the corrosive influence of the so-called 'Principles of the Treaty' which has imbued the public service and beyond with counter productive political correctness.
Prior to offering a remedy to the above, it is important to note the following:
Firstly, the meandering progress of the settlements process and the insertion of 'treaty principles' into legislation has done little for the majority of Maori. In fact it has had the more insidious impact of diverting attention and resources away from the real path to prosperity and social progress for Maori - sound education, well paid employment, adequate health and improved housing. In their place a grievance mentality has permeated the thinking of too many Maori and even worse it has facilitated the development of a Treaty 'gravy train' which sees large amounts of money going to lawyers, consultants and Treaty travellers at the expense of those in genuine need.
Secondly, the three organisations that are central to the settlement process - the Waitangi Tribunal, The Office of Treaty Settlements and the Crown Forestry Rental Trust, require refinement and refocusing of their intent and a reinvigoration of their activities by amending their empowering legislation. In particular, the Tribunal in 'rewriting' history has detracted from its primary task of gathering facts for recommendatory reports to the Crown, and this rewriting of history will cease.
Finally, the permissive impact of the Treaty is creating an unhealthy and divisive ethos within the public service and beyond. For too long now an artificial New Zealand culture has been imposed as a new religion. This has occurred as policy and law-makers have tried to reconcile Maori culture with the business of government through the foolhardy insertion of the 'principles of the Treaty' into legislation and the extension of this into government policy and policy-making processes. This must end.
For New Zealand First, the intention of this policy is to ensure that the Treaty becomes the instrument to bind us that our forefathers had intended it to be.
PLANS
New Zealand First will:
- remove all references to the 'principles of the Treaty' and associated terms from all legislation and regulations where they exist, including the Treaty of Waitangi Act 1975, (the Act), as they remain undefined, ambiguous and are an unstable footing upon which to base claims under the Treaty;
- replace the Waitangi Tribunal with a Waitangi Commission, refocusing its role according to the Act as a 'Commission of Inquiry'. The term 'permanent' (in relation to the Commission in clause 8 of the current Act) will be removed. These changes will occur in two stages:
- In the first instance, the Commission will continue to research and report on historical claims and will be staffed accordingly. Tribunal members will become Commissioners and will serve three-year terms (renewable on review) until the completion of all historical claims. While the number of Commissioners will fluctuate according to need, the appointments process will change - with the Ministers of Finance and Treaty Settlements directly responsible for their appointment along with the Ministers of Maori Affairs and Justice. These ministers will have greater oversight in the functioning of the Commission and be more transparently accountable for progressing settlements.
- Following the conclusion of all historical claims being settled, the Commission will be restructured again, and will consist of three Commissioners, to be appointed by the Crown for a five year tenure, and given sufficient support staff to carry out its new function. Its powers will be limited to:
- the consideration of only contemporary breaches of the Treaty as they relate to the maintenance of the status of all New Zealanders as equal citizens before the law; and,
- monitoring legislation to ensure that any discrimination (positive or negative) in relation to the Treaty, and the relationship between Maori and non-Maori, be removed.
- amend the Act to set a mandatory deadline of five years for all outstanding historical claims to be lodged with the Commission, with the Commission's reporting on all claims to be completed by 2012, and with the intention of all claims being resolved by 2015;
- amend the Act to provide the new Commission with specificity and focus, to codify a new procedural modus for settling past grievances, to limit it to researching only those facts pertinent to resolving historical claims, to provide it with only recommendatory powers;
- remove the inherent conflict of interest that exists within the Act of the Chief Judge of the Maori Land Court also assuming the role of the Chairman of the Tribunal. While there are obvious synergies of the two roles combining, these are clearly outweighed by the conflict of interest which occurs between the roles of the Maori Land Court and the Tribunal (Commission). An independent chairperson will provide greater focus to the new Commission;
- ensure that the Office of Treaty Settlements (OTS) focuses on 'large natural groupings' when resolving claims, will be more closely aligned with the claims process undertaken by the Tribunal (Commission). The closer the symmetry between the two, the more swiftly the claims process can proceed;
- adequately fund the OTS and establish more teams to assist claimant groups with mandating issues and provide a judicial process for mandating disputes;
- provide the OTS with the necessary resources to aid claimant groups in establishing appropriate entities to receive settlement funds and provide investment plans;
- speed up the settlement process from the pre-negotiating stage through to the passage of settlement legislation (by not allowing claims legislation to languish on the order paper, often for periods of more than two years);
- amend the Crown Forests Assets Act 1989, clause 34, and the Trust Deed to better direct the functioning of the Crown Forestry Rental Trust (CFRT) and to ensure that the funding for claimants in relation to the preparation, presentation and negotiation of claims to Crown Forest Land, will be allocated more directly and expeditiously, thereby ensuring the rightful recipients of these assets and associated funds are not prejudiced by the allocation process;
- ensure that the CFRT works more closely with the Commission and the OTS in resolving claims to Crown Forest Land, particularly given the Tribunal's (Commission's) unique powers in relation to forestry land;
- require the social studies curriculum at both primary and secondary school levels to more accurately reflect historical events. (We note that progress has been made in this area, but further work needs to be done. This will include accurate portrayals of pre-colonial Maori history through to a detailed understanding of contemporary political institutions and how they function); and,
- continue to promote the expression of Maori and other cultures through Kapa Haka and similar activities in schools and our communities and protect the Maori language. Maori language and culture are a vital part of our identity as a nation and must remain an option within our school system.
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