Submission - Principles of the Treaty of Waitangi Bill

The Tindall Foundation is a family foundation that seeks opportunities to support innovative, forward-thinking initiatives that make a positive difference for Aotearoa New Zealand.

As staff, trustees and TTF stakeholders, we are all connected to Te Tiriti of Waitangi. We recognise and uphold the importance of Te Tiriti o Waitangi as a foundational document of our nation, not just for Māori, but for all New Zealanders.

We regard Te Tiriti o Waitangi in Te Reo Māori to be the primary reference version as it was signed by the vast majority of signatories.

We work closely with Tangata Whenua and have a strong focus on supporting the aspirations of Māori communities and their continued development. As an organisation, we actively fund and promote initiatives that foster social cohesion and deeper understanding of the role of Te Tiriti o Waitangi within Aotearoa.

Through our work we continue to observe an increasing desire among both New Zealanders and newly arrived migrants to build stronger relationships with Tangata Whenua with greater acknowledgment of Te Tiriti as the cornerstone of our national identity and governance.

The Principles of the Treaty of Waitangi bill, as it is currently drafted, is of serious concern to us. Our opposition is grounded in both content and process-related issues, and our stance is informed by the following:

• Te Tiriti o Waitangi is enduring:
The Treaty is widely accepted to be a constitutional document that establishes and guides the relationship between the Crown in New Zealand and Māori. As a foundational document, the Treaty cannot be rewritten. The principles outlined in the Bill do not reflect the wording or intent of Te Tiriti. The Bill seeks to alter its interpretation in a manner that disregards the original intent of the signatories. Any attempt to amend or rewrite Te Tiriti undermines its status as a living document that guides the relationship between the Crown and Tangata Whenua.

• Consultation and content concern:
By pursuing this Bill without genuine engagement or consultation with Māori, the Crown is breaching its obligations under the Treaty. Māori, as Tangata Whenua, have the right to actively engage in any discussions about Te Tiriti, and their voices must be central in this conversation. Both Tangata Whenua and Tangata Tiriti have expressed their opposition to this legislation. By pushing the bill through parliament without Māori support, the Government is disregarding the rights of Māori to lead and participate in the shaping of New Zealand’s constitutional future. The Treaty was signed by two parties, and any changes to it should be made through mutual agreement. The unilateral introduction of this Bill is a clear breach of the partnership between the Crown and Tangata Whenua envisioned in the Treaty. The Crown should not act unilaterally without Tangata Whenua. Parliament’s role as the Crown’s governing agency means it is conflicted in this process. It should not enact decisions based on a process that excludes the other partner.

• Ineffective use of resources:
The Government is wasting valuable time, money and resources on a bill that lacks support within its own coalition and is entirely divisive, undermining the social cohesion that is critical to the wellbeing of Aotearoa.

Our recommendations for the select committee:

With our opposition clear, it is our recommendation to the select committee that this bill is abandoned completely and to stop this process from going any further and causing any additional harm or division.

It will be incredibly important to communicate clearly and widely that the Treaty Principles Bill has been rejected.