Maharey Steve: Principles of the Treaty of Waitangi Deletion Bill — First Reading 
Maharey Steve: Principles of the Treaty of Waitangi Deletion Bill — First Reading 
[Volume:632;Page:4456] 
Hon STEVE MAHAREY (Minister of Education) 
: 
 It is good to follow on from the new member who is of course a neighbour of mine. It is good to see him on his feet in the House. I would have to say though that one of the things he should not do in the House is start deriding somebody else’s label. Mr Mapp’s label of “PC Eradicator” must be one of the most stupid titles ever invented in this House. But I acknowledge that although it sounds as though National members this evening intend to send this bill to a select committee in the hope that there may be some clarification they are themselves saying they will not be voting for the bill. 
That brings me to my colleagues from New Zealand First and I acknowledge the New Zealand First folk in the House. We are watching I think one of the more sophisticated aspects of MMP operating this evening. One of the things about MMP that New Zealanders are getting their heads around at the present time is something that all parties in the House are now well used to—they have been in situations like this—that is minority Governments. It means of course that Governments have to work out situations with other parties in terms of their partnerships or their agreements on confidence and supply. What we are talking about tonight is part of New Zealand First’s agreement. New Zealand First understands that what we will say about this bill will reflect not only that agreement but also the opinions of the Labour part of the Government. 
So that brings me to the bill and for members who have been in the House for a little while we are back on familiar ground. This member’s bill is the identical member’s bill that was introduced in February 2005 by the Rt Hon Winston Peters. Its purpose is to remove all references to the expressions “the principles of the Treaty” “the principles of the Treaty of Waitangi” and “the Treaty of Waitangi and its principles” from a range of specified statutes. It also proposes to repeal any regulations promulgated under statutes that refer to the principles of the Treaty of Waitangi. In other words the New Zealand First Party has something against the principles of the Treaty of Waitangi. 
Pita Paraone 
: Tell us what they are. 
Hon STEVE MAHAREY 
: Mr Paraone is asking what they are and during the debate those New Zealand First members will hear a great number of those principles outlined such as partnership a principle like all the “P” words that go with that which of course will be talked about through the debate. 
As I said in accordance with the supply and confidence agreement with New Zealand First the Government intends to support this bill through its first reading. That will enable it to go to a select committee which will allow debate on the appropriate place of the Treaty principles in legislation. It reflects the fact that constitutional principles are often the subject of debate. The Treaty is a constitutional document. The principles that underlie it are therefore points of debate and we are willing to go to that point. But let me make it unequivocally clear: the Government supports this bill in its first reading only because it has genuine concerns about the need for this legislation and about the negative impact it will have on promoting an enduring and positive cooperative relationship between Crown and Maori if the bill is allowed to proceed beyond the select committee. That is our view; that is clear. 
My colleagues from the Maori caucus have made clear that they do not see this bill as having a positive impact on any of the relationships that we have been at pains to build up between Maori and the Crown. Therefore while the debate can be held we will not ultimately be supporting the bill. The concerns we have are obvious. This bill if it goes forward will have an adverse impact on relationships between Maori and the Crown. In recognition of the important place of the Treaty successive Governments have put the Treaty’s principles in legislation; that has been something that successive Governments have done and have respected. In fact most of those pieces of legislation were passed during the 1990s under a National Government. 
In terms of removing the references I say that that would not obstruct what is going on anyway because we would undoubtedly find that the courts would simply continue to operate as if the references were there because they need to refer to the principles of the Treaty. They have been referring to those principles for some time. They will continue to do so because it is in the practice of the courts to do so. So nothing would change. There would of course be a risk of litigation because people would then begin referring back to what courts have already done and going back to those rulings to say: “Let us litigate these decisions because they exist.” 
There are inconsistencies in the bill. Other legislation for example would be disturbed by this bill. It contains no consequential amendments to other legislation and there are other inconsistencies in it. The bill removes a whole set of substantive rights. For example the deletion of the reference in a section of the Treaty of Waitangi Act would remove the power of the Waitangi Tribunal to order the resumption of the Crown Forest Lands Act. In other words if we did that kind of thing we would simply contradict a whole range of other legislation. 
All these arguments have been traversed before. The Government’s clear position is to send the bill to the select committee and no further.