Tuesday, 19 November 2024

"Parliament said in 1975 that the Treaty has two texts, when it does not, and justified recourse to 'principles' of the Treaty because of the fiction that the Treaty has two texts."


"[T]he idea that the Treaty has principles first surfaced publicly in Labour’s manifesto for the 1972 general election. It subsequently gained legislative status by its inclusion in the Treaty of Waitangi Act 1975. ... giving the Waitangi Tribunal jurisdiction to make recommendations based on findings that actions were contrary to or inconsistent with the principles of the Treaty, rather than findings that actions which were a breach of the Treaty itself. 
    "[The reason for this, it was argued,] was that the treaty has two texts, one in Māori and the other in English. ... But as I have shown there is only one text, the one that was signed at Waitangi. There are two texts only because the Treaty of Waitangi Act 1975 said that there are. ....

"So, the situation is that Parliament said in 1975 that the Treaty has two texts, when it does not, and justified recourse to 'principles' of the Treaty because of the fiction that the Treaty has two texts. ...
    "The solution to the problem Parliament created must be either to undo what was done in 1975 upon the basis that what was done was based on flawed reasoning, or to accept that what has been done is done and to remedy the 1975 omission, by Parliament’s doing what it could have done in 1975 and defining the principles to be applied by the Waitangi Tribunal, the courts, and those agencies which are required in some way to observe the principles."

~ Gary Judd from his post 'Treaty of Waitangi “principles” — only one text'


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