Smith Lockwood: Tariff (New Zealand - Thailand Closer Economic Partnership) Bill — Second Reading Instruction to Committee In Committee Third Reading 
Smith Lockwood: Tariff (New Zealand - Thailand Closer Economic Partnership) Bill — Second Reading Instruction to Committee In Committee Third Reading 
[Volume:626;Page:21414] 
Dr the Hon LOCKWOOD SMITH (National—Rodney) 
: 
 I hope the Minister will answer those very learned questions from my good colleague Richard Worth because they cover important issues. I would like to come back to the Minister’s response a few minutes ago to questions put to him. I am really troubled by the rave he gave in response to the questions raised about the Treaty of Waitangi and the article about the treaty in the agreement and how they apply to the part of the bill we are debating right now. The Minister gave the impression in that rant that that provision will somehow avoid giving to Thai people an advantage that Maori may have in New Zealand. I want to make it very clear to the Minister that that is not what this part is about and I want to go over the words very carefully with the Minister. Article 15.8 in the agreement states: “… nothing in this Agreement shall preclude the adoption by New Zealand”—it is nothing to do with Thailand; this is adoption by New Zealand—“of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement …”. So it is a matter of what New Zealand deems necessary and clearly the transitional provisions are covered by that agreement. 
I want the Minister to tell the House what he and this Government intend to do or are contemplating doing whereby they intend to deliver more favourable treatment to Maori that is not relative to people in businesses in Thailand but is relative to other New Zealand businesses. That is the issue and that issue concerns New Zealanders. All New Zealand businesses should be treated in the same way under this agreement and under this legislation but article 15.8 provides for the Government somehow to give more favourable treatment to Maori relative to non-Maori New Zealanders and non-Maori New Zealand businesses. That is what the wording states: “… in respect of matters covered by this Agreement …”—that is trade matters. Then it goes on to state: “… including in fulfilment of its obligations under the Treaty of Waitangi.” I want the Minister to tell the Committee what bits of the Treaty of Waitangi confer more favourable treatment on Maori in trade matters relative to other New Zealanders. That article is nothing to do with people in Thailand; it covers a domestic matter. What does the Government have in mind? What will it confer on Maori that confers more favourable treatment on them relative to other New Zealanders? And where in the Treaty of Waitangi does it state that that should happen? 
I understand that the articles of the Treaty of Waitangi provide for all New Zealanders to be given the same rights so what does the Government see in the Treaty of Waitangi that may require it in its view to deliver more favourable treatment to Maori? This provision in this agreement means that the Government can do that—it can deliver more favourable treatment for Maori relative to other New Zealanders and not breach this agreement. Now that is what concerns a whole lot of New Zealanders. Sure we have done that sort of thing in the past but I thought that the Coordinating Minister Race Relations said that the Government’s policy of doing that was finished. Maori have no extra rights to quote Trevor Mallard in July last year when of course that was a big issue following the Orewa I Speech by National’s leader Don Brash. We know what this Labour Government is like. Its members will say anything when they come under pressure—especially Trevor Mallard who could not give a damn what he says; he will say anything. So in July last year following Don Brash’s Orewa I speech Trevor Mallard said that Maori had no extra rights or privileges under the treaty or in the policy of the New Zealand Government. Then just a few weeks later what do we see? The Government has put into an international treaty a provision that shows it intends to reserve the right “… to accord more favourable treatment to Maori in respect of matters covered by this Agreement …”. 
All I want the Minister to do is to tell us what is in his mind. What kind of more favourable treatment does he have in mind that Maori need? Maybe then the people of New Zealand could understand. And what obligations under the Treaty of Waitangi make him feel that Maori somehow should be accorded more favourable treatment than non-Maori? When we read the Treaty of Waitangi we do not see where it states that Maori should be accorded more favourable treatment. That is not a big ask I tell the Minister. I do not think that it is a big ask. What does that article mean? That is all we are after. Actually we want to know also what the Minister means when he says he reserves the right—