About the New Zealand Association of Rationalists
The New Zealand Association of Rationalists and Humanists (NZARH) is a charity organisation that exists to serve the interests of non-religious; those who do not believe in gods or the supernatural. We’ve been serving Aotearoa New Zealand’s atheist community since 1927. We have over 300 members, and support and campaign on behalf of over 2.6 million people in Aotearoa New Zealand who declare themselves non-religious. Our Association’s purpose is to advocate for a secular, rational, science-based and humane society.
The interest of the NZARH in the Principles of the Treaty of Waitangi Bill
We believe that we have to cooperate with each other to create the society that we want to live in. Our position is that the Principles of the Treaty of Waitangi Bill does not do this. As outlined in the Cabinet Manual, the current model provided by the Treaty of Waitangi/Te Tiriti o Waitangi, of “two parties negotiating and agreeing with one another” (Department of the Prime Minister and Cabinet, 2023, p. 2.), is appropriate.
Although new legislation can often be divisive, the Principles of the Treaty of Waitangi Bill has been widely recognised as unusually so. It is unwanted, damaging, and fails to take into consideration the position of Māori as treaty partners. A number of our members have expressed deep concern about this Bill and have strongly expressed the fear that the Bill signals a rise of populism in Aotearoa New Zealand. It has already failed in one of the overarching objectives outlined in the Bill — to promote greater legitimacy and social cohesion.
By extending the discussion of the validity of the content and meaning of Te Tiriti by holding a referendum, we believe that social cohesion will be threatened. We consider that a referendum is undesirable as it may fail to protect legitimate rights and interests of Māori and lead to increasing inequality.
Constitutional arrangements in Aotearoa New Zealand
One of the Bill’s objectives is to create a more robust and widely understood conception of Aotearoa New Zealand’s constitutional arrangements.
The NZARH strongly believes that government should be secular and that this should be enshrined in Aotearoa New Zealand’s constitutional arrangement. It is the position of the NZARH that Aotearoa New Zealand should adopt a written constitution.
The lack of understanding of “the conception of New Zealand’s constitutional arrangements” that this Bill is seeking to address should be settled through a written constitution that continues to give practical application of the principles of te Tiriti and high-quality civics education within the Aotearoa New Zealand education curriculum.
Human rights and equality
Aotearoa New Zealand should be a place where everyone can flourish. This Bill will erode existing rights. One of the principles of partnership is that if there was to be any discussion on te Tiriti, there should be engagement with Māori. This has not occurred, and tangata whenua have spoken out that they are against this legislation.
Māori people have experienced significant discrimination ever since the first settlers landed in Aotearoa. In the interest of equality, before stripping the rights of Māori to self-determination, we must address the significant and ongoing inequity between Māori and non-Māori in Aotearoa. This will not be addressed through this Bill.
We note that in response to the fourth Universal Periodic Review, against the recommendations of the working group, New Zealand has refused to implement the United Nations Declaration on the Rights of Indigenous Peoples.
Response to Principle 2
We are particularly concerned about Principle 2 of this Bill. There was no time boundary to te Tiriti at the time it was signed. There was no provision for future revision. Principle 2 states an intent to respect and protect the rights that hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time they signed it. Individual and collective rights have moved on since 1840. It is the continuing negotiation and interpretation by both parties to the Tiriti of rights that gives Te Tiriti strength as a document still relevant to Aotearoa New Zealand.
Response to Principle 3
We fail to understand why this Principle is in a Bill about Treaty Principles specifically and not in other Human Rights legislation, where it should be.
Recognition of Tangata Whenua
Tangata Whenua have rights enshrined in te Tiriti, and we would want to see their rights recognised.
We strongly recommend
- Not progressing this Bill any further
- Not holding a referendum on this Bill
- Implementing the United Nations Declaration on the Rights of Indigenous Peoples