Last chance to do you submission for the Principles of the Treaty of Waitangi Bill

With New Zealand Parliament announcing a new deadline for submissions on for the Principles of the Treaty of Waitangi Bill for 1 pm, Tuesday 14th of January, we would like to share with you our own submission where we, Belong Aoteaora, reaffirm our unwavering commitment to upholding and honouring Te Tiriti o Waitangi.

Remember that your submission can sound as you please, it just needs to ne honest and speak to why Te Tiriti is important to you. With all the diverse voices in the motu submissions are bound to vary and differ, ours looks like this:

Submission Opposing the Principles of the Treaty of Waitangi Bill

To: Justice Select Committee

From: Belong Aotearoa

Date: 17 December 2024

WHO WE ARE

Belong Aotearoa is a not-for-profit innovation and social change hub dedicated to addressing systemic barriers to belonging for newcomers in Aotearoa. By driving transformational change, we seek an inclusive, connected Aotearoa New Zealand where refugee-background and migrant communities enjoy and contribute towards collective wellbeing.

As an organisation committed to social justice and social cohesion, and to working in a Te Tiriti-based way, we wish to make the following comments on the Principles of the Treaty of Waitangi Bill (the bill):

ISSUES OF OPPOSITION

1. Breach of Partnership
   
   A Treaty, by definition, requires the agreement of both partners. The unilateral approach of this bill in redefining the principles of Te Tiriti in a way that represents no credible interpretation of Te Tiriti’s te reo text excludes Māori from the decision-making process and disregards the Crown’s obligations to engage bilaterally. This breaches the fundamental nature of the Treaty partnership.
   

2. Erosion of Tino Rangatiratanga and Māori Rights
   
   Removing tino rangatiratanga from the bill diminishes the unique legal status of Māori as tangata whenua, eroding their rightful place as the indigenous people of Aotearoa. The bill chooses to intentionally erase the core constitutional basis on which Māori engaged as Treaty partners.
   

3. Te Tiriti o Waitangi as the Foundation of Belonging
   
   Te Tiriti o Waitangi (Te Tiriti) is the foundational document upon which all nonIndigenous people / tauiwi derive their legitimacy and belonging in Aotearoa. It is not a mere historical artifact but a living partnership between the Crown and Māori that creates ongoing obligations and reciprocity between the parties. This bill undermines that partnership, diminishing Māori rights by erasing the Crown’s obligation to uphold those rights, and weakening the foundational premise on which all tauiwi – from diverse backgrounds - can call Aotearoa New Zealand home. By excluding Māori from this process, the bill replicates colonial patterns of unilateral decision-making, deepening feelings of marginalisation and distrust in the Crown.
   
   From our experience working with marginalised migrant and refugee background communities, we know that the impact of certain bills, policies, and consultation processes can retraumatise communities, as they echo historical dispossession and broken agreements. Many who come to Aotearoa seeking refuge do so because of experiences with political instability, systemic oppression, or legal frameworks that excluded them in their home countries, many of which share similar historical scars from their respective experiences with colonialism.
   
   Te Tiriti provides a unique model of shared governance and inclusion, affirming the place of all people in a partnership built on mutual respect between the Crown and Māori. By undermining this framework, the bill destabilises the very principles that offer security, equity, and inclusion to those rebuilding their lives in Aotearoa. This shift could evoke memories of displacement and exclusion, heightening feelings of vulnerability and alienation among migrants and former refugees, while diminishing the protections that safeguard them from discrimination and systemic harm.
   

4. Divisiveness and Harm
   
   It is our position that this bill has already caused harm by fostering division and undermining trust between Māori and the Crown. We believe a referendum on this issue would exacerbate social discord and deepen harm.
   
   For example, this Bill creates fertile ground for populist narratives that exploit societal divisions and undermine Māori rights by presenting Te Tiriti as a source of inequality or favouritism. Such framing not only distorts the historical and legal basis of Te Tiriti but also legitimises harmful rhetoric that scapegoats Māori and racialised groups that already face marginalisation, such as migrants and former refugees. If progressed, the bill would entrench the systemic racism faced by Māori and would reinforce an environment that enables racism to fester and signals to broader society that exclusionary practices are acceptable. This could also directly impact the communities that Belong works with.

5. Constitutional Breach
   
   The Waitangi Tribunal has unequivocally stated that enacting this bill would constitute the most significant breach of Te Tiriti in modern times. Reducing Te Tiriti’s constitutional status risks nullifying its relevance altogether, threatening long-term social cohesion.

PART 2: RECOMMENDATIONS

• Recommendation 1: Abandon the Bill
  
  The bill must be abandoned entirely. It undermines the Crown-Māori partnership, it does not represent any credible interpretation of Te Tiriti, it erodes Māori rights, and it damages the constitutional framework and social cohesion of Aotearoa.
  

• Recommendation 2: Focus on Restorative Treaty Relationships
  
  The government must prioritise ongoing restoration efforts by:
  • Upholding and strengthening Te Tiriti.
  • Committing to genuine partnership and consultation with Māori.
  • Publicly affirming and promoting the importance of Te Tiriti as the cornerstone of
  Aotearoa New Zealand’s constitution, including its role in upholding a sense of
  belonging for all who live here.
  

• Recommendation 3: Address Urgent Issues
  
  Instead of pursuing divisive and harmful legislation, the government should focus on pressing national challenges such as:
  • Creating societal cohesion through positive and inclusive policies and practices that
  foster a sense of belonging for Māori and tauiwi in all their diversity.
  • Reducing economic inequities and addressing unemployment and the cost-ofliving
  crisis.
  • Addressing the housing crisis and reducing the gap between those who can afford
  home ownership and those who face precarious and unaffordable rental housing.
  • Strengthening the health and education systems, particularly to address the needs of
  Māori and diverse communities who face historical and ongoing disadvantage.
  

• Recommendation 4: Avoid a Referendum
  
  A referendum on this issue is not only unnecessary but also harmful. It risks deepening divisions and diverting attention and resources from urgent national issues.
  
  

• Recommendation 5: Strengthen Te Tiriti Education
  
  Commit to improving public understanding of Te Tiriti through education initiatives, ensuring all people across Aotearoa – in all their diversity - recognise and uphold its significance.
  
  This bill is a dangerous step backward, jeopardizing the Crown-Māori relationship and undermining the constitutional integrity of Aotearoa. We call on the government to act in good faith and reject this divisive legislation.
  
  
  Signed:
  Angela Wilton
  CEO
  Belong Aotearoa