Thursday 26 September 2024

Treaty Principles: Unequal + Divisive?


"Reasons both for and against the Bill to define the Treaty's principles vary in their worth.
    "One of the worst against it is that it will cause division.
    "Those who use this as a reason to kill the Bill are either in ignorance of, or ignoring, the division that already exists over the rights and wrongs of Māori rights and the disquiet over the way the principles, which are undefined, have crept into legislation and practice in all levels of government, the public service and private organisations.
    "Stopping debate because there is division won’t stop the division, it will make it worse."
~ Ele Ludemann, from her post 'Stopping debate won’t stop division'
"The original intention of the ACT Bill was to assert three basic principles, which can be derived from the original Treaty:
  • The New Zealand government has the right to govern New Zealand.
  • The New Zealand government will protect all New Zealanders’ authority over their land and other property
  • All New Zealanders are equal under the law, with the same rights and duties.
But those who profit from the Waitangi Tribunal could not have remained employed and in power for 49 years if that task was so simple ... The danger was soon evident. ... The suggested second principle [became]: 
'The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property.'
    "The first version spoke of equality; this rewritten text makes a claim for separation and superior Māori rights ...
    "That rather strange version of property rights has, since the above was written, taken another step away from universality. The second principle has [now] become (11 September 2024): 
'Rights of Hapu and Iwi Māori: The Crown recognises the rights that hapu 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 agreement with the Crown.'
"This [version] insists on special rights defined by race. The Bill has been destroyed, and the promise to the New Zealand people has been betrayed. ...
    "The country grows crazier with each new year. We have been living in [George Orwell's] Animal Farm for too long. When the pigs strut about and proclaim that 'All animals are equal, but some are more equal than others,' our only response must be – don’t be so silly."
~ John Robinson from his article 'Just Equality: The simple path from confusion to common sense.' [Emphases in Robinson's original]

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