New Zealand is far from a tyranny. But there are signs its democratic institutions are not as robust as they might be – with the proposed ‘fast-track’ legislation bringing concerns to a head.
Modern interpretations of Te Tiriti o Waitangi cause sometimes bitter political debate. But new research shows New Zealanders – especially younger ones – see the Treaty largely as a positive symbol.
Jane Kelsey, University of Auckland, Waipapa Taumata Rau
If a future government wanted to block fast-tracked projects, it could trigger investor-state dispute settlement clauses built into existing trade agreements, with billions potentially at stake.
If a new declaration based on customary concepts of tikanga and mana is recognised by the courts, it could potentially give interest groups the legal standing to sue on behalf of whales.
While the New Zealand government removes reference to the Treaty in the Oranga Tamariki Act, Canada and even Australia are taking steps in the opposite direction on Indigenous children’s rights.
Maria Bargh, Te Herenga Waka — Victoria University of Wellington and Annie Te One, Te Herenga Waka — Victoria University of Wellington
Just 1% of politics education in New Zealand is focused on the Māori dimension, new research has found. How can the country discuss Te Tiriti o Waitangi when very few understand it?
Decades of Treaty scholarship have failed to arrive at a consensus about its meaning and purpose. Dispensing with various mistaken interpretations would improve the chances of productive discussion.
Jack Vowles, Te Herenga Waka — Victoria University of Wellington
If Māori did not explicitly cede sovereignty in 1840, neither did they fully retain it. If sovereignty is already being shared, where does Te Tiriti o Waitangi sit within our unwritten constitution?
ACT’s Treaty Principles Bill assumes Māori have been granted special privileges. But it can equally be argued the Treaty prevents the undemocratic concentration of power in the hands of a few.
The ACT Party claims revisiting the principles of the Treaty of Waitangi is about political equality. But removing a Māori cultural dimension to New Zealand’s democracy would have an opposite effect.
New Zealand’s marine policies are scattered across multiple laws and regulatory institutions. A dedicated ministry would overcome this fragmentation and help protect vital ecosystems and resources.
A Treaty framework developed for New Zealand On Air offers a way for journalists to critically evaluate their own work and promote more accountable and equitable day-to-day reporting.
The story some histories tell about the 1840 agreement between Māori and the British Crown may be popular and even comforting. But they are also incomplete – and even unhelpful.
Far from expanding its jurisdiction or having a veto over parliament, the powers of New Zealand’s Waitangi Tribunal have been steadily reduced in recent decades.
Otago University has followed Massey in aspiring to be a “Tiriti-led” institution. But this implies being on the Crown side of the partnership – which is not where a university should be.
Article 3 of Te Tiriti o Waitangi gave Māori the fundamental rights and freedoms guaranteed under British law. Understanding it is critical to modern debates over ‘co-governance’ and partnership.
If the prime minister is right, and New Zealand’s ties to the monarchy will only strengthen under Charles III, the country will be swimming against the Commonwealth tide.
Over the 70 years of her reign, Queen Elizabeth II has been part of Aotearoa New Zealand’s living history, touching everything from the role of women to the Treaty of Waitangi.
Adjunct Professor, Faculty of Health and Environmental Sciences, Auckland University of Technology, and Professor of Political Science, Charles Sturt University