Squiz Shortcuts - The Treaty of Waitangi

Your Shortcut to the Treaty of Waitangi…

Late last year, thousands of New Zealanders protested against a bill that would see the Treaty of Waitangi - a founding agreement signed by Māori and the British - reinterpreted. Protestors have turned out again today on Waitangi Day, so in this Squiz Shortcut we’ll get you across:

• the history of the treaty

• what the proposed changes entail

• and why the issue has Kiwis so divided.

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Squiz the Shortcut

What’s Waitangi Day all about?
It’s a national public holiday in New Zealand to celebrate the date that the Treaty of Waitangi was signed back in 1840. It’s a bit like Australia Day here, there are parties, citizenship ceremonies, and awards given out - but like our national day, it’s also often been an occasion for protests. 

Why is that?
It’s a long story, but it starts way back with the signing of the Treaty of Waitangi.

What’s the significance of the treaty?
It’s a hugely important part of New Zealand’s modern history because it’s seen as their founding document. It was a treaty made between 540 Māori chiefs and the British which gave the Māori the same rights as British citizens.

How do they use it?
It plays a role in their policy decisions, as well as being enshrined into their laws, and it’s woven through their education system as well. Because of all that, the treaty is often held up by the international community as a model for how to address and manage Indigenous rights. We saw it being referred to a lot during our own Voice referendum. But it turns out, some issues have come up due to the wording…

What sort of issues?
Well, it doesn’t help that there were 2 versions of the Treaty of Waitangi. One was written in English, and the other one was in Māori - and they differ on a crucial point. Top line, the English version says Māori chiefs gave up sovereignty to the British - so, basically full control of the country and lands. But the Māori version says they ceded ‘governance’ which is quite a different thing.

What does that mean?
It means the Māori believe they gave authority to the British to run things, but they kept their independence and ownership over the land… 

Awkward… Where does that leave things?
To understand where things are at, we have to delve into some recent history… By the mid-20th century, the whole agreement had turned sour. The government was found to have breached both versions of the treaty, Māori culture and language had dwindled, a lot of tribal land had been confiscated, and Māori people were commonly referred to as disadvantaged. So to address that, a special judicial body called the Waitangi Tribunal was set up in the 1970s to protect Māori rights.

Did anything change?
Yep, since then there’s been billions of dollars in settlements particularly over the use of Māori land and natural resources. And nowadays, Māori are consulted in new developments and major policy decisions. But some New Zealanders say that there’s been an overcorrection, and a swell of support for that argument has led up to the introduction of a new bill into the NZ Parliament.

What’s the bill called?
It’s called the Treaty Principles Bill and it’s been introduced by one of the parties in the governing Coalition called the ACT Party. 

What does it aim to do?
ACT’s leader David Seymour says the bill attempts to address and clarify those inconsistencies between the English and Māori versions of the Treaty of Waitangi. Seymour - who has Māori heritage - wants to hold a referendum for the New Zealand people to decide what the treaty actually means, and then apply it equally to all New Zealanders, not just Māori.

What was the reaction to the bill?
When it was introduced in November, it sparked the largest protest march in New Zealand’s history, starting at Waitangi, on the tip of the North Island, and culminating 9 days later with more than 40,000 people crowded into Parliament Square in the capital of Wellington. 

So, not a warm reception…
No… Critics of the bill say it risks undoing decades of policies aimed at fixing disparities that Māori people are still facing in health, education, and housing. So taking away those policies seems like a step backwards for a lot of people, and others worry that a referendum on the Treaty could stir up racial tensions.

Where is it up to?
It’s now before a committee which is due to wrap up public hearings by the end of the month. Then it’ll head back to parliament for debate.

Is it expected to pass?
That’s the thing - no. It’s sparked such a massive backlash from the NZ Labor Opposition, Māori MPs (2 were suspended for performing a Haka in parliament), Māori leaders, former Prime Ministers from both sides of politics, and thousands of voters, but it’s only cleared the first hurdle - and that was just because of a deal the PM Christopher Luxon made with Seymour when he was forming government. 

Does PM Luxon support it?
No. Neither the Nationals nor NZ First support the bill as it stands… Luxon has said it’s “simplistic”, and that a bill that “hopes to rewrite a debate and discussion over 184 years through the stroke of a pen, is not the way forward.”

So, what’s next?
Well, as loud as the protests have been, national polls say there’s still a lot of Kiwis who are in favour of clarifying the Treaty’s wording to clear up any confusion going forward.

What do the experts say?
Political analysts reckon if this bill fails, another version may not be far away… and this is where things could get tricky.

Why is that?
Some constitutional law experts say a reinterpretation of the treaty could trigger a larger debate about whether New Zealanders actually recognise the British monarchy as colonisers… So, there’s some interesting times ahead for our friends across the ditch.

Onto our Recommendations

Listening: If you’d like to dive a little deeper, the ABC’s Global Roaming did a great podcast episode on this topic covering the history, present issues and what it all could mean for New Zealand’s future…

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