Rurawhe Adrian; Smith NickClause 3 Principal ActCHAIRPERSON (Adrian Rurawhe): Tēnā koe e te komiti. Ata mārie. Members the committee has resumed on the Local Electoral (Māori Wards and Māori Constituencies) Amendment Bill. A reminder that the committee stage is a chance for an examination of detail of the bill and the effect of its provisions. It is also an opportunity for engaging in discussion with Ministers by taking short calls and asking questions. We now come to the debate on clause 3. This is the debate on the clause naming the principal Act. The question is that clause 3 stand part. Hon Dr NICK SMITH (National): This clause notes amendments to the Local Electoral Act and there are two amendments in my name in respect of amending the general Electoral Act and a further amendment with respect to the Treaty of Waitangi Act 1975 that I wish to speak to.The overriding point that I wish to first make is that Labour is supportive of people having a right to vote as long as they vote the right way. That is they put in place the law that allows people to have a vote on whether they want to have separate Māori representation. They don't like the way that people have voted so they're now passing a law to take away that right to vote.I do want to in the context of this clause draw to the House's attention the research published by the University of Otago in January this year. Its relevance is—and I'll quote exactly what the research said: Labour Governments are responsible for most partisan electoral law changes post - World War II." Hon Scott Simpson: Say it again.Hon Dr NICK SMITH: I'll read it again: "Labour Governments are responsible for the most partisan electoral law changes since World War II." The research points out that there have been 18 laws passed by Labour since World War II against the convention that electoral law has broad support and it identifies 18 occasions when Labour has done that and four for National. I accept there are lessons for colleagues on my side of the House to reflect on that history as well.So when we come to this clause in which we are amending the Local Electoral Act a National member will say there is an extra principal and that is why our amendments seek to also amend the Electoral Act and the Treaty of Waitangi Act. I have a very specific question for the Minister associated with my amendment on the Treaty of Waitangi Act. The Minister has argued that this bill is required because of the Treaty. Article 3 of the Treaty of Waitangi Act says that Māori will enjoy "all the Rights … of British Subjects"—not more rights; all the rights. So my question to the Minister in the chair the Hon Nanaia Mahuta who has in over a dozen statements justified these amendments to the Local Electoral Act on the basis of the Treaty: what is Labour's interpretation of the Treaty? Is the Minister arguing that the Treaty in fact gives Māori greater rights than other New Zealanders? We should absolutely be clear that what we are doing in this bill is giving rights to Māori that do not—rights that do not—provide for other New Zealanders. I come from a very fundamental old-fashioned but correct point of view and that is that all New Zealanders—actually I take it as a global view that we lawmakers must ensure that we treat people before the law as the same.Hon Scott Simpson: Equally.Hon Dr NICK SMITH: Equally. It's a really fundamental tenet of democracy and human values that whether I am from dodgy Aussie stock Māori whatever my ancestry when it comes before a court of law when more importantly it comes before electoral law people shall be treated equally.Now I have noted my concern about the partisan changes. In respect of this clause and my amendments I want to note that under urgency and in a partisan way every year Labour has been in office they have passed a partisan electoral law change under urgency. In the first year they did it with respect to the electoral integrity law. The second year they did it with respect to electoral donations—brought a bill in passed it in 48 hours. Time number three last year was on prisoner voting where again they did it on a partisan basis. They have a view that more prisoners voted Labour; they wanted those extra votes in the can for election 2020. And now we have it with respect to Māori wards."