Mahuta Nanaia: Principles of the Treaty of Waitangi Deletion Bill — First Reading 
Mahuta Nanaia: Principles of the Treaty of Waitangi Deletion Bill — First Reading 
[Volume:632;Page:4465] 
Hon NANAIA MAHUTA (Minister of Customs) 
: 
 Sometimes we do things that we do not like but we need to do them so that we can truly appreciate what we have. This is the second time this bill the Principles of the Treaty of Waitangi Deletion Bill has been introduced into Parliament. In the last term of Parliament Winston Peters brought it to the House. At that time Labour voted against it. I gave a speech at the time and said that the Labour-led Government was not prepared to send a signal that it was walking away from Maori and that is why Labour members voted against the bill the first time. That is still the case today. We do not agree with the intent or purpose of this bill. 
However the political landscape has changed. We have had a general election and voters have made their choice. Interestingly enough in the Maori electorates the party vote for Labour was significant but sadly we could not stitch together an agreement that could ensure that matters like this would not be brought before the House. The current Government formation means we have an agreement with New Zealand First. Part of that agreement requires that we support this bill going to a select committee and that is all. We will do that on the basis that although this issue will be canvassed at a select committee there is no undertaking beyond that point. 
It needs to be said that although National is trying hard to “cool up” its image its real challenge will be to embrace diversity. Labour is a broad-based party made up of many peoples. We understand that in trying to shape a common purpose and vision we need to work hard to find ways of working together. That is how it should be if we are committed to an enduring relationship—and that is much like the intent of the Treaty of Waitangi. 
One thing we have all learnt since Don Brash’s Orewa speech is that if we scratch the surface of our society there is a delicate underbelly and we expose the most negative aspects of the New Zealand Aotearoa psyche. Much of that is based on ignorance prejudice and blatant disregard of differing world views—one of which is Maori. Removing references to the principles of the Treaty of Waitangi from legislation would do little to build consensus or a constructive way forward. 
A huge body of knowledge has been accumulated over time including knowledge from the judiciary and from political and academic discourses. The point is that we are not starting from a blank slate and neither should we be. Aotearoa New Zealand has walked too long in the shadow of our shameful colonial history. We need to walk confidently ahead ensuring that the principles underpinning the Treaty provide a practical opportunity to go forward together and to secure a strong foundation for our country and all its people. 
This bill will not improve or speed up the Treaty settlement process as the negotiated outcomes and the apology for historical injustices—an important component of Treaty settlement legislation—are most certainly linked to the principles of the Treaty. There may be a real opportunity for discussion regarding the principles as defined by Labour in 1989 which have guided much of the discourse over the last 17 years. If we look at some of those principles we understand much of the intent of what those who originally defined them were trying to achieve. 
One is the principle of government—that the Government has the right to govern and to make laws. The next principle is the principle of self-management. Iwi have the right to organise as iwi and under the law to control the resources they own. The principle of equality is that all New Zealanders are equal under the law. The principle of reasonable cooperation means that both the Government and iwi are obliged to accord each other reasonable cooperation on major issues of common concern. The principle of redress means that the Government is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation will occur. These are the types of principles that will guide a way forward and they could be an opportunity for us all. 
It is very important to understand that the evolution in Treaty discourse has changed over time. More recently the way in which Treaty clauses have been included in the New Zealand Public Health and Disability Act and the Local Government Act 2002 really reflects where we have come to as a nation. The Treaty clauses in both of those Acts reflect an approach of providing greater clarity of the purpose of referring to the Treaty in legislation in order to make operational the relationship between the Crown Maori and other New Zealanders. These examples provide certainty about how relationships should work so that pragmatic and practical working relationships can be forged. This is a constructive way forward. 
Once again I say that I do not support the intent of the New Zealand First bill. It rejects the path we have come down to build an Aotearoa New Zealand we can all be proud of. This is not the next foreshore and seabed issue. A Labour Government established the Waitangi Tribunal set out the principles in 1989 continued the Treaty settlements process and provided the platform for Maori development with two Hui Taumata in two decades. Those are just some of the generational achievements. 
Sending this bill to a select committee allows a debate to occur. We are not afraid of that but I urge the House to consider the merit of building a nation founded on the principles of the Treaty not on empty promises. The bill should go to a select committee and no further.