Friday, 21 January 2022

From "meaningless phrase" to "a string of 'principles of co-governance'"


Cartoon by Nick Kim, from The Free Radical
"The innocent words 'principles of the Treaty of Waitangi' were included in the State-Owned Enterprises Act only because [David] Lange’s then attorney-general (Geoffrey Palmer) assured the cabinet the phrase was meaningless. Thanks to some judicial musing, this initial phrase became loosely associated with 'partnership.'* About thirty years on, this link was subtly extended to the 'principles of partnership.' Then that meaningless phrase was gradually manipulated into a linkage with co-governance. Now we have He Puapua working on converting that link into a string of 'principles of co-governance'.”
          ~ Barry Brill, from his article 'Does “partnership” mean the same as “marriage”?'

* Cooke P held that "the Treaty created an enduring relationship of a fiduciary nature akin to a partnership, each party accepting a positive duty to act in good faith, fairly, reasonably and honourably towards the other.”

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