‘Treaty Principles 2.0' – law experts concerned by regulatory bill
Legal experts have raised concerns about the Regulatory Standards Bill, dubbing it the Treaty Principles Bill "2.0".
Claimant lawyer Tania Waikato and law academic Dr Carwyn Jones appeared on TVNZ's Marae yesterday to raise their concerns over the legislation and its widespread impact.
Their comments come after the Waitangi Tribunal last week recommended the immediate halt to the bill after a claim was lodged by Māori rights group Toitū Te Tiriti.
The legislation, which was expected to be approved by Cabinet for introduction in the House today, has been led by the ACT Party as part of its coalition agreement with National, with the Minister of Regulation David Seymour leading its charge.
For the full Marae interview, watch on TVNZ+
According to the minister, the bill's aim is to 'ensure regulatory decisions are based on principles of good law-making and economic efficiency'.
'In a nutshell: If red tape is holding us back, because politicians find regulating politically rewarding, then we need to make regulating less rewarding for politicians with more sunlight on their activities,' Seymour said in a statement.
The bill will require all future and existing legislation to conform to a particular set of criteria.
But the difficulty of that, said Jones, is the criteria is a 'very limited set of principles'.
'It is very much focused on things to do with protection of property rights and wealth, and doesn't include things like environmental protections, and requirements for equity, or indeed any protections for Te Tiriti.
'So all of those rights are weakened by this bill and the assessments that will be required in terms of all law trying to conform with this.'
Waikato dubbed the proposed legislation the Treaty Principles Bill 'version 2.0'.
'We had all of these principles in the Treaty Principles Bill which were going to undermine Te Tiriti, copied and pasted, put it over here, dress it up in complex, legal language that nobody understands, make it sound really boring, not consult with anyone, and then try and shove it through.'
Jones said the Regulatory Standards Bill will provide a means to weaken Treaty protections and remove the legal meaning and effects of Te Tiriti from the law, 'which is what the Treaty Principles Bill's all about'.
'So I think I see the Regulatory Standards Bill really is just finishing off the work that was started by the Treaty Principles Bill, [that was] ultimately rejected.'
Waikato believes all New Zealanders should be concerned, not just Māori.
The power the bill will give to the Regulation Minister over 'every single law that comes in' and 'every single existing law that we've got' is 'really dangerous' and 'really concerning', she said.
'Professor Jonathan Boston [academic and professor of policy studies at Victoria University of Wellington], who gave evidence for us in the Tribunal, he calls this 'the Everything Bill' because it literally covers everything: every single law, every aspect of society will have to pass through… this control gate that David Seymour is in charge of.'
She said that if the legislation is passed, it will cause a fundamental constitutional shift in Aotearoa.
ACT leader Seymour reacted to the tribunal decision at the end of last week, saying: "The Tribunal's main objection is that the Bill requires 'equality before the law', which is mentioned repeatedly in the document.
"What it doesn't understand is that equality before the law is fundamental to a functioning democracy. We can address New Zealand's problems without racial discrimination."
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Scoop
16 hours ago
- Scoop
Tai Rāwhiti Protest: A Burning Question On Ngāti Oneone's Redress
Article – Zita Campbell – Local Democracy Reporter An online petition supporting the hap has over 1950 signatures. A fire signalling Tai Rāwhiti hapū Ngāti Oneone's call for the return of their ancestral lands has been burning for over six weeks. The hapū said it will stoke the fire until the grievance is resolved, but after three generations of attempting to remedy it, does not want the redress to fall on them. 'It always falls on us to 'make the case',' Ngāti Oneone chairwoman Charlotte Gibson told Local Democracy Reporting (LDR) when the movement started on 5 May. The Crown said any potential redress in this case is the responsibility of the landowner and the hapū. As part of its protest, members of Ngāti Oneone have inhabited Te Pā Eketū Shed, a warehouse-sized property on Gisborne's Hirini St. Rather than an 'occupation', the hāpu calls the action 'a reclamation of whenua'. The location is where Ngāti Oneone's marae and pā were originally established in 1852 before being removed for harbour development under the Private Works Act. Eastland Port, of which Trust Tai Rāwhiti is the sole shareholder, owns the shed and others on the hapū's ancestral land on Hirini St and the Esplanade. At the beginning of the protest movement, the hapū called on the trust, Eastland Port and Gisborne District Council to return land not used for 'core business'. Council chief executive Nedine Thatcher Swann told LDR the council had started exploring how land could potentially be returned following formal requests from Ngāti Oneone in 2024. This includes investigating the relevant legal processes, policy settings and the interests of other Treaty partners. However, Trust Tai Rāwhiti, which has a funding partnership with the council and serves as the region's economic development and tourism organisation, earlier said addressing historical Treaty breaches was not its responsibility, but rather a matter for the Crown, after it sought independent legal advice. 'We support Ngāti Oneone in pursuing this with the Crown,' chairman David Battin told LDR when the protest started. Māori Development Minister Tama Potaka had a different view. The 2010 Ngāti Porou settlement of historical Treaty of Waitangi claims includes Ngāti Oneone, Potaka told LDR. 'The matter being raised … is outside of the process for the settlement of historical Treaty claims. 'Any exploration of options to return and/or purchase the land is a matter for the landowner agency to undertake in discussion with Ngāti Oneone,' he said. Regarding Potaka's statement, a Trust Tai Rāwhiti spokesperson this week said trustees continued to 'engage directly with Ngāti Oneone and remained focused on constructive resolutions'. The 'reclamation of whenua' Gibson confirmed the hapū had met with the landowner groups involved under Trust Tai Rāwhiti and would have a meeting with the council next week. She was unsure whether the groups would respond individually or together. The hapū has committed to maintaining the protest for two months and then will reassess depending on outcomes, she said. 'We'll keep the fire burning until we've had an acceptable response.' In addition to the return of land, the hapū has made other requests to the landowners through an online petition signed by over 1950 as of Friday. The petition urges the Tai Rāwhiti leaders to take three actions: 'Whakahokia Whenua Mai', which requests the return of land not used for core business, 'Whakamana Tangata' and 'Te Tiriti'. Whakamana Tangata requests that Trust Tai Rāwhiti financially compensate Ngāti Oneone for 'the alienation' of their lands without conditions. 'Te Tiriti' requests that the leaders seek a pathway that treats Ngāti Oneone in the same vein as a 'Treaty' partner, rather than 'a community group'. Gibson said that after Eastland Port sold a shed on their ancestral land to the Gisborne Tatapouri Sports Fishing Club three years ago, they worried about what could happen to the rest of their ancestral land, so they started negotiations for the Te Pa Eketū Shed. If the land were sold, it would be harder to reclaim, she said. However, they then realised the port had other sheds in the area, not used for 'core business'. 'In my view, it's not an occupation, it's a reclamation of whenua,' Gibson said, explaining that the shed had been leased while negotiating the sales and purchase agreement. The port would send the hapū the bill, which they would send to Trust Tai Rāwhiti, who would pay Eastland Port (owned by the trust), she said. Trust Tai Rāwhiti was going to give them $1.4 million to purchase the shed, but the hapū wanted to use the money to buy the lot. When their request was denied, they understood and looked into other ways of obtaining the sheds, Gibson said. However, when the hapū got the sales and purchase agreement, things shifted. 'There were four clauses within the sales and purchase agreement, which undermined Mana motuhake [self-determination], which made it untenable,' said Gibson. On 5 May the beginning of the hapū's 'Reclamation of whenua', they were supposed to sign the sales and purchase agreement but decided to 'reclaim' the land instead.
Scoop
17 hours ago
- Scoop
Tai Rāwhiti Protest: A Burning Question On Ngāti Oneone's Redress
A fire signalling Tai Rāwhiti hapū Ngāti Oneone's call for the return of their ancestral lands has been burning for over six weeks. The hapū said it will stoke the fire until the grievance is resolved, but after three generations of attempting to remedy it, does not want the redress to fall on them. "It always falls on us to 'make the case'," Ngāti Oneone chairwoman Charlotte Gibson told Local Democracy Reporting (LDR) when the movement started on 5 May. The Crown said any potential redress in this case is the responsibility of the landowner and the hapū. As part of its protest, members of Ngāti Oneone have inhabited Te Pā Eketū Shed, a warehouse-sized property on Gisborne's Hirini St. Rather than an "occupation", the hāpu calls the action "a reclamation of whenua". The location is where Ngāti Oneone's marae and pā were originally established in 1852 before being removed for harbour development under the Private Works Act. Eastland Port, of which Trust Tai Rāwhiti is the sole shareholder, owns the shed and others on the hapū's ancestral land on Hirini St and the Esplanade. At the beginning of the protest movement, the hapū called on the trust, Eastland Port and Gisborne District Council to return land not used for "core business". Council chief executive Nedine Thatcher Swann told LDR the council had started exploring how land could potentially be returned following formal requests from Ngāti Oneone in 2024. This includes investigating the relevant legal processes, policy settings and the interests of other Treaty partners. However, Trust Tai Rāwhiti, which has a funding partnership with the council and serves as the region's economic development and tourism organisation, earlier said addressing historical Treaty breaches was not its responsibility, but rather a matter for the Crown, after it sought independent legal advice. "We support Ngāti Oneone in pursuing this with the Crown," chairman David Battin told LDR when the protest started. Māori Development Minister Tama Potaka had a different view. The 2010 Ngāti Porou settlement of historical Treaty of Waitangi claims includes Ngāti Oneone, Potaka told LDR. "The matter being raised ... is outside of the process for the settlement of historical Treaty claims. "Any exploration of options to return and/or purchase the land is a matter for the landowner agency to undertake in discussion with Ngāti Oneone," he said. Regarding Potaka's statement, a Trust Tai Rāwhiti spokesperson this week said trustees continued to "engage directly with Ngāti Oneone and remained focused on constructive resolutions". The 'reclamation of whenua' Gibson confirmed the hapū had met with the landowner groups involved under Trust Tai Rāwhiti and would have a meeting with the council next week. She was unsure whether the groups would respond individually or together. The hapū has committed to maintaining the protest for two months and then will reassess depending on outcomes, she said. "We'll keep the fire burning until we've had an acceptable response." In addition to the return of land, the hapū has made other requests to the landowners through an online petition signed by over 1950 as of Friday. The petition urges the Tai Rāwhiti leaders to take three actions: "Whakahokia Whenua Mai", which requests the return of land not used for core business, "Whakamana Tangata" and "Te Tiriti". Whakamana Tangata requests that Trust Tai Rāwhiti financially compensate Ngāti Oneone for "the alienation" of their lands without conditions. "Te Tiriti" requests that the leaders seek a pathway that treats Ngāti Oneone in the same vein as a "Treaty" partner, rather than "a community group". Gibson said that after Eastland Port sold a shed on their ancestral land to the Gisborne Tatapouri Sports Fishing Club three years ago, they worried about what could happen to the rest of their ancestral land, so they started negotiations for the Te Pa Eketū Shed. If the land were sold, it would be harder to reclaim, she said. However, they then realised the port had other sheds in the area, not used for "core business". "In my view, it's not an occupation, it's a reclamation of whenua," Gibson said, explaining that the shed had been leased while negotiating the sales and purchase agreement. The port would send the hapū the bill, which they would send to Trust Tai Rāwhiti, who would pay Eastland Port (owned by the trust), she said. Trust Tai Rāwhiti was going to give them $1.4 million to purchase the shed, but the hapū wanted to use the money to buy the lot. When their request was denied, they understood and looked into other ways of obtaining the sheds, Gibson said. However, when the hapū got the sales and purchase agreement, things shifted. "There were four clauses within the sales and purchase agreement, which undermined Mana motuhake [self-determination], which made it untenable," said Gibson. On 5 May the beginning of the hapū's "Reclamation of whenua", they were supposed to sign the sales and purchase agreement but decided to "reclaim" the land instead.
Otago Daily Times
17 hours ago
- Otago Daily Times
The leadership clearing the air
A new documentary shows what leadership can look like. I seem to have dodged addiction to nicotine in my life, unlike many of my peers growing up. Just as I don't blame those who are addicted, I cannot take the credit for not having this addiction. The absence of nicotine addiction in my life has been through a variety of accidents of birth and opportunity. For young people today it is different. Those who manage to avoid the lures of the tobacco industry can, to a considerable extent, thank the community leaders who took on big tobacco and made the air cleaner for all of us. I've written about leadership in this column before, at that time focusing on a few inspirational people profiled in an excellent book, Te Kai a te Rangatira , during a period when the general electioneering was downright horrible. Sadly, the neoconservative and individualistic values of those spinning the right-wing rhetoric are now driving our central government leadership. We hear and see their beliefs in the economic approach of "trickle down". An obvious place where their leadership will be responsible for harm in Aotearoa New Zealand, is associated with nicotine and tobacco use. So, in times like these, it's worth remembering the foresight and leadership of others who have long fought to reduce that harm, through initiatives such as Tupeka Kore, undertaken by a collective of Māori organisations and advocates. I was lucky enough to attend the world premiere of a documentary that shares that history, Tupeka Kore: The Whakapapa of Māori Tobacco Control in Aotearoa NZ . Through the documentary, I had a glimpse into the globally significant leadership by the late, great kuia and Te Tohu Kairangi/Dame Tariana Turia, and others. There were key points in this documentary that people who hold positions in our current central government would do well to heed. Key people and key events have stood up, stood tall and stood firm. In 2006, then-MP Hone Hawawira introduced a private member's bill to ban the sale of tobacco and initiated an inquiry into the tobacco industry. The subsequent 2010 report was vociferous in its demand to hold the tobacco industry accountable for its harms. Tupeka Kore, a collective demanding eradication of nicotine from our lives, was born at this time too. Matua Shane Bradbrook was key in its creation and is still one of the leaders of the resistance movement. The documentary ensured that we heard the voices of the Minhinnick family, as they told the story of their kuia going from marae to marae, seemingly a one-person change agent: he mana wahine toa ia. The government destroys our social science research environment, insisting we need more STEM, not arts, yet ignores that science, technology, engineering and maths provide overwhelming evidence against tobacco. Science tells us the product, in all its forms, is evil. Perhaps they should have added economics, making "steem", to understand that a healthy population, not ill from nicotine and tobacco-related illnesses, will produce better outcomes for Aotearoa New Zealand into the future than the short-term gains from being in the same bed as tobacco companies. We heard from my colleagues, Anaru Waa and Lani Teddy, as they epitomised generations of researchers. Work such as theirs should mean making the right choice is the easy choice. As researchers, we know our maths, and the numbers demonstrate that, for the first time in a decade, tobacco use rates in Aotearoa New Zealand have plateaued. We know that vaping was one of the responses of the tobacco companies to declines in smoking rates, their vape devices delivering "new customers" for the industry, while helping to keep their old ones. As scary as vaping has proved to be, even more disturbing is that the tobacco companies and their co-conspirators are continuously creating the next generations of nicotine delivery. In the documentary, we heard from the rangatahi pressure group Hashtags that they don't want nicotine in their lives, and that the repeal of the Smokefree Environments and Regulated Products Act 2023 was a very clear sign that the current government is not listening to them. I was heartened to hear from Hashtags member Pōtatau Clark, as they stand up, stand tall and stand firm, being vocal in Parliament, in their councils, in their communities, that nicotine has no place in their lives. The Hashtags are nearing voting age; heed this call. Finally, I was privileged to hear from our kuia, Catherine Manning, representative of those who have pushed and pushed against the tobacco industry. We should never forget that this is the industry that lied and lied, knowingly hiding their evidence that smoking tobacco causes cancer. The documentary, Tupeka Kore , is a celebration of Māori leadership, demonstrating the strength of the collective, the strategy and the persistence of many, for the betterment of all, not just Māori. As was said in the 2010 Inquiry into the Tobacco Industry report presentation to Parliament, "the tobacco industry is a killer of whakapapa". Legends were lost along the way. Moe mai rā e kuia, e koro. The documentary demonstrated that although we've been here before, and we shouldn't have to be here again, we can take on the unsupportive and actually obstructive current government and take on the tobacco companies. We have our old people, our communities, and our young people keeping us in Tupeka Kore. Tū mai rā. Kia haere tōtika. Kia kaha haere.
