"New Zealanders are involved at the moment in a somewhat introspective examination of what their heritage means to them," said Geoffrey Palmer. "To outsiders the process must seem somewhat curious. Yet it is not inappropriate in the 150th year after the signing of the Treaty of Waitangi."
What's that? ... 150 years? ...when did he say that?
He said it in 1989, thirty-five years ago, as Attorney-General -- explaining to an audience of legal academics what he reckoned to be the government's five Treaty Principles.
Thirty-five years ago! And we're still engaged in that same introspective examination.
It's instructive to compare Geoffrey's five principles -- as well as his argument for them and why they were thought necessary -- which is worth reading -- with those contained in this week's leaked Treaty Principles Bill.
The 3 principles in what's said to be the proposed Treaty Principles Bill are:
- A Governance principle: "the New Zealand Government has the right to govern all New Zealanders"
- A Rangatiratanga principle: ""the New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property"
- An Equality Principle: "all New Zealanders are equal under the law, with the same rights and duties"
Curiously, despite all the tedious scholarship since and the fumarole of huffing and puffing this week, those principles aren't a million miles from those espoused by Geoffrey Palmer's Government back in 1989, in response to recent decisions from the Court of Appeal and the Waitangi Tribunal:
In summary .... the Crown has identified five principles which will guide its activity in dealing with issues which arise out of the Treaty of Waitangi:I make no judgement here on the value or otherwise of Palmer's Principles.
The Kawanatanga Principle [which] recognises the right of the Government to govern and to make laws.
The Rangatiratanga Principle[which] recognises the right of iwi to organise as iwi and, under law, to control the resources they own.
The Principle of Equality [which] recognises that all New Zealanders are equal before the law.
The Principle of Reasonable Co-operation [which] recognises that both government and iwi are obliged to accord each other reasonable co-operation on major issues of common concern.
The Principle of Redress [which] acknowledges that the Government is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation can occur. This principle makes it clear to New Zealanders that the system of grievance resolution will be orderly, fair, and effective. We will take the steps necessary to ensure that justice is done and seen to be done.
I know that as the whole picture of this complex matter becomes clear to New Zealand the country will see that this is an issue that can be dealt with calmly and rationally. Moreover they will see that there are no hidden traps. That this is a process from which we can all emerge winners.
I simply observe that while history doesn't always repeat, it does sometimes rhyme.
No comments:
Post a Comment