Treaty reference review complete… “Treaty principles” still exist

ACT Leader David Seymour says the Government’s review of Treaty references demonstrates why New Zealand still needs clear statutory definitions of Treaty principles.

“We were told there were no Treaty principles, and perhaps this review would remove them. Well, the jury is in and the words ‘Treaty principles’ still exist throughout our laws," says Mr Seymour.

“Undefined Treaty principles have created uncertainty, inconsistent legal obligations, and endless scope for activist interpretation and bureaucratic expansion.

“The Government’s decision to repeal several Treaty references outright, and standardise others so agencies need only ‘take into account’ Treaty principles, is an improvement. It reinforces the principle that laws should be clear, predictable, and understandable to the people expected to follow them.

“But the key problem remains. Even just requiring agencies to ‘take into account’ Treaty principles still leaves open the fundamental question: what exactly are those principles?

“As I’ve said all along, the Treaty principles are real, they do need to be defined, and the Treaty Principles Bill was designed to do just that. One day, sooner or later, the debate begun by the Treaty Principles Bill will need to conclude. The idea of the Treaty principles is not going anywhere, so wouldn’t it be good to know what they mean?

“If Parliament doesn’t define Treaty principles clearly, courts, officials, consultants, and activist groups will continue expanding them over time.

“A free and equal society requires that constitutional principles are determined by elected lawmakers accountable to the public, not gradually rewritten through vague interpretation.

“The Treaty Principles Bill sparked an important national conversation about equality, citizenship, and the role of the Treaty in modern New Zealand. While other parties stepped away from that debate, the underlying issue has not gone away.

“ACT will continue advocating for laws based on equal rights and clear constitutional principles.”

Treaty references to be repealed

•⁠ ⁠Education and Training Act
•⁠ ⁠Energy Efficiency and Conservation Act
•⁠ ⁠Organic Products and Production Act
•⁠ ⁠Smokefree Environments and Regulated Products Act
•⁠ ⁠Crown Pastoral Land Act
•⁠ ⁠Plant Variety Rights Act

Acts where Treaty clauses will be standardised to ‘take into account’

•⁠ ⁠Education and Training Act
•⁠ ⁠Water Services Authority – Taumata Arowai Act
•⁠ ⁠Climate Change Response Act
•⁠ ⁠Pae Ora (Healthy Futures) Act
•⁠ ⁠Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act
•⁠ ⁠Mental Health and Wellbeing Commission Act
•⁠ ⁠Digital Identity Services Trust Framework Act
•⁠ ⁠Data and Statistics Act
•⁠ ⁠Criminal Cases Review Commission Act

Acts under separate review

•⁠ ⁠Resource Management Act
•⁠ ⁠Conservation Act
•⁠ ⁠Crown Minerals Act
•⁠ ⁠Hauraki Gulf Marine Park Act
•⁠ ⁠Urban Development Act
•⁠ ⁠Kāinga Ora Homes and Communities Act