‘Shame on you’: MPs unleash on Treaty Principles Bill in feisty Parliament exchange

People march through Epsom, protesting the introduction of the Treaty Principles Bill in Parliament today. Photo / Jaime Lyth
David Seymour’s Treaty Principles Bill has been introduced to Parliament on Thursday as protesters continue to gather outside the Beehive.
Protesters also gathered in Auckland today outside the Act electorate office in Epsom.
The wording of principle two of the bill has been narrowed from what was previously agreed on by Cabinet and released publicly in September.
Between 70-100 people are currently gathered outside Parliament – holding banners that read: “Kill the Treaty Principles Bill, protect te Tiriti” – in one of at least two protests today prompted after the Government brought forward the introduction of the bill by more than a week.
Inside Parliament, protest against the bill continued. Among those in the public gallery is Te Rūnanga O Toa Rangatira chief executive Helmut Modlik.
“Shame on you,” an MP in the House said as the Treaty Principles Bill was discussed.
Te Pāti Māori co-leaders Debbie Ngarewa Packer and Rawiri Waititi raised point of order about the bill.
Waititi has said in the House the bill contains false information and is the bastardisation of the Treaty of Waitangi / Te Tiriti.
“You tell them Rawiri,” someone from the public gallery yelled.
Labour MP Peeni Henare asked Minister Tama Potaka about the Treaty Principles Bill, including whether the Māori-Crown relationship is better.
Potaka said the Māori-Crown relationship had been supported by initiatives in emergency housing and Te Matatini.
A number of members of the public gallery walked out including Modlik, who told the Herald he left in protest to what was being said in the House.
David Seymour’s Treaty Principles Bill has been the subject of fierce criticism. The latest Waitangi Tribunal report on the policy warned whether the bill was actually enacted or not, its “impacts will not fade for a long time”.
“At present, the progressing of the bill is having serious impacts on the relationship … but the bill, if enacted, would kill that relationship.”
Seymour said Cabinet had agreed to a change to the second principle in the bill.
This principle – the “Rights of Hapū and Iwi Māori” – was originally worded as: The Crown recognises the rights that hapū and iwi had when they signed the Treaty. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in legislation, Treaty settlements, or other agreements with the Crown.
“Cabinet has agreed to make one change to an earlier version of the principles.
“The wording of principle two has been narrowed to provide that the rights of hapū and iwi differ from the rights everyone has a reasonable expectation to enjoy only when those rights are agreed to as part of a Treaty settlement. This has occurred because the previous wording was too broad.”
Seymour’s bill proposes replacing the many Treaty principles that have been developed over several decades by the courts and other entities with three new ones. He believes Parliament, not the courts, should define the principles. Treaty principles are ways of interpreting the Treaty proper in law.
National and NZ First have already said they will not support the bill past a first reading. The bill will go to a select committee for six months from November to May.
Seymour welcomed the introduction of the Bill today, saying the purpose of his bill was for Parliament to define the principles of the Treaty, provide certainty and clarity, and promote a national conversation about their place in our constitutional arrangements.
“The Bill will not alter or amend the Treaty itself. It will be used to assist with the interpretation of legislation where Treaty principles would normally be considered relevant, in addition to legislation that refers to Treaty principles directly.
“I am looking forward to this important national conversation about the place of the Treaty in our constitutional arrangements.”
The introduction date of the bill was brought forward more than a week, prompting the Waitangi Tribunal to swiftly release its second report on the policy on Tuesday night.
The original introduction date was November 18, the day before a national hīkoi in opposition to the bill is set to arrive at Parliament. Seymour, leader of the Act Party and associate Justice Minister, defended the timing, saying it was not connected to the hīkoi and introduction dates often changed.
The Herald understands protester numbers at Parliament are expected to grow ahead of the introduction of the bill at 2pm. The actual bill has been published on the New Zealand legislation website. One protester outside Parliament said he did not believe Christopher Luxon when he says it wont pass a second reading.
Seymour is not at Parliament today. He is in Napier for a hui and school visits.
In Auckland, about 40 protesters also gathered outside the Act electorate office in Epsom.
Many held signs that read “Together for Te Tiriti” and chanting “Kill the bill”.
Someone behind the megaphone has called the Prime Minister “spineless” for his coalition with Act.
“Expect resistance, expect disruption.”
A PSA spokesperson said they stand against the Treaty Principles Bill and “anything that undermines the Treaty”.
Iwi leader Justin Tipa, the kaiwhakahaere of Te Rūnanga o Ngāi Tahu, said the Government was wasting everyone’s time and energy on a bill that was going nowhere.
“The bill is an attack on our rangatiratanga and the move to bring it forward is yet another tactic to distract us from the real issues facing New Zealanders. This bill is being advanced without us and in spite of us.”
“For Ngāi Tahu, it’s simple. In 1840, Ngāi Tahu rangatira committed to a constitutional monarchy whose right to govern rests on its obligation to recognise and protect the tino rangatiratanga of iwi and hapū.
“There is honour in that agreement; it is not something that should be subject to the whims of political parties.”
Seymour says the purpose of the bill was to provide certainty and clarity around the principles and to promote a national conversation about their place in our constitutional arrangements.
“Far from being a divisive document, the Treaty is a powerful guide for New Zealand’s future, establishing that all New Zealanders have the same rights and duties, and that the Government has a duty to protect those rights.”
Helmut Modlik, tumu whakarae (chief executive) of Te Rūnanga o Toa Rangatira, said all New Zealanders should be concerned about the bill.
“Seymour’s underhanded actions, backed by the Government, to introduce the bill to the House early before the Waitangi Tribunal’s report was scheduled to be released is shameful.”
Seymour recently debated Modlik on the policy. Modlik urged Prime Minister Christopher Luxon to “show stronger leadership and kill the bill now”.
“This charade has gone on long enough.”
Te Arataura chairman Tukoroirangi Morgan said the Government was using its legislative powers recklessly and had brought the introduction date forward to try to stifle the release of the Waitangi Tribunal’s second report.
Seymour denied this when asked yesterday.
“This is not how modern first world democracies should operate because we know unfettered power promotes corrupt decision-making processes and distrust in our political leadership and direction.”
Julia Gabel is a Wellington-based political reporter. She joined the Herald in 2020 and has most recently focused on data journalism.