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350 Aotearoa Principles of the Treaty of Waitangi Bill Submission:

Thank you for providing us with this opportunity to submit against the Principles of the Treaty of Waitangi Bill. We are disappointed the Bill got this far into the Parliamentary process.

350 Aotearoa unequivocally opposes the Principles of the Treaty of Waitangi Bill.

350 Aotearoa is the New Zealand arm of the international climate movement 350.org which aims to unite the world around climate change solutions. We coordinate local campaigns by providing education, practical tools, and support for community leadership. Our campaigns challenge the cultural acceptance of fossil fuels and encourage tangible change in New Zealand towards an equitable zero-carbon economy. 

350 Aotearoa is guided by the four articles of Te Tiriti o Waitangi in conjunction with He Whakaputanga o te Rangatiratanga o Nū Tīrene. We tautoko whānau, hapū and iwi assertions of mana motuhake and tino rangatiratanga and recognise that hapū in Aotearoa never ceded sovereignty. We lament that since its signing in 1840, Te Tiriti o Waitangi has not been upheld by the Crown leading to centuries of injustices that need addressing. We’re called to work towards a true honouring of Te Tiriti o Waitangi as envisioned in Matike Mai. To demonstrate our commitment to the Matike Mai recommendations, we actively support wider movement work to reform the ‘kāwanatanga (crown) sphere’, whilst supporting the expansion of the ‘rangatiratanga (tangata whenua) sphere’ which has yet to be recognised and respected by the crown. We acknowledge that Mātauranga Māori is at the forefront of achieving climate justice in Aotearoa and our response to climate justice is guided, sustained and strengthened by the tangata whenua assertion of Tino rangatiratanga. 

We submit that the Select Committee recommend the Bill does not pass second reading or proceed any further through the Parliamentary process. 

We ask all political parties who have signalled they will not support the Bill after the Select Committee stage to keep this promise they made to their constituents and the country. 

The audacity of ACT New Zealand, as a minor party in Parliament, to think they have the knowledge or mana to change how our country interprets such an important treaty is insulting and unforgivable. 

There is a significant body of law developed around the principles of Te Tiriti o Waitangi. We acknowledge that this Bill is not attempting to change the exact wording of the articles found in Te Tiriti o Waitangi, but by creating this new interpretation of the principles, it all but wipes out any intention of that original treaty. Obviously, this is the explicit aim of the Bill. 

We believe it is a very dangerous precedent to set for a minor party in Parliament to drastically change the legal interpretation of the founding legislation for the New Zealand Parliament and the right for Pākeha and tauiwi to live on these lands. 

The Bill is discriminatory in multiple ways. Māori have been shut out of this process, with no consultation or opportunity for input being provided prior to the Bill being tabled. It is an act of extreme bad faith for one party to a treaty to try to change the terms of that treaty without seeking agreement from the other parties.

Te Tiriti o Waitangi is explicit in its wording – tino rangatiratanga is guaranteed to Māori. The three proposed Principles in the Bill look to undermine tino rangatiratanga in every possible way. 

The proposed ‘Principle 1’ ignores the fact that tino rangatiratanga is guaranteed to Māori (and only Māori) by suggesting that this is a concept that could be applied to every New Zealander. There is no credible suggestion in Te Tiriti o Waitangi that tino rangatiratanga is guaranteed to anyone other than Māori, so the text of the Bill as it currently stands is a fabricated inaccuracy. 

The proposed ‘Principle 2’ ignores the guarantee of tino rangatiratanga of settled and unsettled whānau, hapū and iwi. It states that the rights of hapū and iwi Māori are only protected as long as they do not differ from the rights of everyone, while subclause (1) applies only if those rights are agreed in the settlement of a historical treaty claim under the Treaty of Waitangi Act 1975. However, tino rangatiratanga is more than just ‘rights’ of settled iwi. Māori seek a form of self-determination that affords them respect as Treaty partner and an ability to realise their social, cultural and political systems. 

Finally the proposed ‘Principle 3’ also seeks to exclude Māori from the provisions of Te Tiriti. Article 3 of Te Tiriti specifically promises Māori the rights and privileges of British subjects. This promise is not extended to anyone else under Te Tiriti. However, New Zealand’s legal framework already includes numerous mechanisms designed to protect all citizens from discrimination and ensure equality before the law. The proposed ‘Principle 3’ does not enhance these protections. Instead, it would eliminate a mechanism that supports Māori in achieving equal rights and equal protection under the law.

We recognise that the climate crisis is an intersectional issue which continues to uphold capitalist, colonial, white supremacist systems of oppression – and therefore disproportionately impacts marginalised communities. 350 Aotearoa asserts that climate justice is only possible when whānau, hapū, and iwi can realise kaitiakitanga and their aspirations for their rohe which is only possible through the protection of tino rangatiratanga and mana motuhake. Watering down the principles of Te Tiriti will significantly impact the way mana whenua are able to live out that kaitiaki role, as well as countless other negative impacts on their communities. 

We look forward to presenting our oral submission.