Why New Zealand’s Maori are fighting to save an 1840 treaty involving the Crown
Maori tribes call on King Charles to ensure the New Zealand government honours its Treaty of Waitangi obligations amid rising tensions over proposed legal changes
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Your support makes all the difference.An umbrella group comprising at least 80 Maori tribes has sent an open letter to King Charles III demanding that he intervene in New Zealand politics and ensure the government honours its obligations to the Treaty of Waitangi.
Since taking office last year, New Zealand’s right-wing coalition government has faced unprecedented protests over its Maori policies, large gatherings of Maori leaders, and sharp criticism from the Waitangi Tribunal, which investigates breaches of the treaty.
The treaty, signed in 1840 by over 500 Maori chiefs and the British Crown, is seen as the cornerstone of Maori rights legislation in New Zealand.
The letter, drafted by the National Iwi Chairs Forum, was signed by more than 500 leaders and representatives and highlights growing tensions between Maori and the ruling right-wing coalition, which has introduced policies seen as undermining their rights – such as rollbacks on Maori language use in government and changes to treaty interpretations.
The open letter urged the King to leverage his role as a constitutional monarch and descendant of Queen Victoria to remind the government of its obligations, emphasising that Maori families and the treaty relationship were at risk.
What does the letter say?
The letter acknowledges King Charles III’s ties to the late Maori King Tuheitia and expresses hope for a strong relationship with the new Maori Queen, Nga Wai Hono i te Po.
It talks about Queen Victoria’s role in establishing the 1840 Treaty of Waitangi and criticises the Crown’s historical breaches of its promises, noting that while Maori-Crown relations had recently improved, they have deteriorated under the current government.
“As a constitutional monarch of the crown and a descendant of Queen Victoria, we seek your intervention to ensure that the government does not diminish the crown’s honour,” it says and adds that the leaders and representatives of the Maori tribes have “grave concerns about what these actions will do to our whānau [families]”.
“Please remind them (the NZ government) to respect their responsibility to act as an honourable partner on your behalf,” the letter says.
The leaders also remind the King of his 2022 Commonwealth heads of government meeting during which he expressed deep personal sorrow for the suffering caused in the past and highlighted the need to confront and learn from this history to build a better future.
“It seems to me that there are lessons in this for our Commonwealth family. For while we strive together for peace, prosperity and democracy, I want to acknowledge that the roots of our contemporary association run deep into the most painful period of our history. I cannot describe the depths of my personal sorrow at the suffering of so many. If we are to forge a common future that benefits all our citizens, we, too, must find new ways to acknowledge our past. Quite simply, this is a conversation whose time has come,” the letter quotes the King as saying.
Why are Moari seeking the Crown’s intervention?
New Zealand’s Act Party’s flagship bill – the Treaty Principles Bill – aims to replace the well-established Treaty of Waitangi principles with its own redefined version, arguing that current principles have created unequal political and legal rights for Maori.
The proposal has sparked widespread backlash, with critics accusing it of undermining Maori rights and fostering anti-Maori rhetoric in the country. The Waitangi Tribunal has called the bill a severe breach of the Treaty, warning it would limit Maori rights, reduce social cohesion, and damage the Maori-Crown relationship.
Act party has frequently called for an end to what it terms “division by race”.
Party leader David Seymour has criticised co-governance – shared decision-making between Maori and the Crown – and quotas addressing Maori under-representation in public institutions as inconsistent with the principle of equal rights.
What is the Treaty Principles Bill?
David Seymour asserts that the bill “provides an opportunity for parliament, rather than the courts, to define the principles of the treaty, including establishing that every person is equal before the law”.
The party argues that the current principles have misrepresented the original intent of the treaty, creating a two-tier system where Maori have distinct political and legal rights compared to non-Maori.
The bill sparked huge protests. Tens of thousands of New Zealanders gathered outside the parliament in one of the country’s largest demonstrations to oppose the Treaty Principles Bill on 19 November. While the bill lacks sufficient support to pass, opponents see it as an attempt to reverse decades of progress in empowering the Maori, who face significant social disadvantages despite making up 20 per cent of the population.
The protest followed a nine-day march that mobilised thousands of people nationwide, culminating in Wellington, where demonstrators, including many in traditional Maori attire, chanted “kill the bill”.
New Zealand’s parliament was also temporarily halted by Maori politicians performing a haka in protest in early November, in scenes that were seen around the world.
How will the bill impact Maori rights?
A Waitangi Tribunal report warned that if the bill was passed, it would represent the worst breach of the Treaty in modern times, potentially leading to the end of the Treaty itself.
The report argued that the bill would limit Maori rights, undermine Crown obligations, hinder Maori access to justice, erode social cohesion, and diminish the constitutional status of the Treaty.
The report said: “If this bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty … in modern times.
“If the bill remained on the statute book for a considerable time or was never repealed, it could mean the end of the Treaty.”
It also criticised the bill for being based on flawed policy, offering novel interpretations, and promoting a misleading historical narrative.
Why is the Treaty of Waitangi important?
The Treaty of Waitangi established a nation state and covered issues such as land and cultural rights and Maori relations with authorities. Though not a legal document, some principles of the treaty have been incorporated into the legislation.
The English and Maori versions of the treaty contain key differences, complicating its application and interpretation, some observers say. And to address this, over the last 50 years, lawmakers, courts, and the Waitangi Tribunal in New Zealand have referred to the treaty’s broader intent or spirit to define its principles. These principles are flexible and not fixed.
Carwyn Jones, a lead academic in Maori law, was quoted as saying by The Guardian that the principles have been a tool for fulfilling the Crown’s obligations to Maori, citing their role in revitalising the Maori language and establishing the Maori Health Authority to address health disparities (which the coalition government dismantled this year).
“If those principles are redefined – and significantly weakened – [there] will be fewer legal mechanisms for Māori to have their rights recognised,” Mr Jones said. The redefinition of those treaty principles, Mr Jones added, will leave Maori with fewer legal mechanisms to have their rights recognised, leading to potential social disruption.
What are the chances of the bill passing?
New Zealand’s Act Party secured the inclusion of the bill in its coalition agreement with the centre-right National Party, though the latter committed only to supporting it through its first reading and select committee process.
The third coalition partner, New Zealand First, also ruled out backing the bill beyond these stages. This makes it highly likely the bill will fail.
In a joint statement earlier, opposition parties Labour, Green, and Te Pati Maori (the Maori Party) urged prime minister Christopher Luxon to block what they described as a “divisive” bill catering to a “dangerous, reactionary fringe”.
What is the Maori’s relationship with the monarchy?
While Indigenous people in many Commonwealth nations have expressed a wish to sever ties with the monarchy due to its colonial history, some Maori leaders prefer to maintain the connection, fearing that abandoning the monarchy could undermine their Treaty of Waitangi rights. Maori fear that New Zealand becoming a republic could undermine the protections and rights guaranteed to Maori by the treaty.
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