Maori trust claims 'right' to British passport

A Maori trust is threatening to take the UK Government to the International Court of Justice to get Maori the same rights as British citizens under the Treaty of Waitangi.

Bevan Wilkie, chairman of Northland-based Te Kati Mamoe Maori Trust Board, has written to British Prime Minister Tony Blair alleging his government breached the Treaty of Waitangi by denying Mr Wilkie a British passport.

Article Three of the treaty, which was signed in 1840, imparts to Maori "all the rights and privileges of British subjects" which, Mr Wilkie said, should include a British passport. If his claim was successful it would leave the way open for Maori to live and work in the United Kingdom or Europe without the need for a permit.

Mr Wilkie, who said his trust represented up to 34,000 Maori, first applied for a British passport in 2003 but was denied.

He has now taken the matter up with Mr Blair and his Government with several letters exchanged between the two sides. The last letter Mr Wilkie received from 10 Downing St, Mr Blair's residence, said his comments had been carefully noted.

Mr Wilkie is now writing to the Queen to lodge a formal complaint about the issue and urge her to ensure that the British Government honours the part of the treaty guaranteeing Maori those rights.

If that proves as fruitless as his earlier correspondence, he says he will take the matter up with the International Court of Justice - principal judicial organ of the United Nations - in The Hague, Holland.

"I applied for a British passport under Article Three of the treaty as a Maori who has those rights. Not giving me a passport is a breach of the Treaty of Waitangi," Mr Wilkie said.

"I'm guaranteed, under the treaty, the rights and privileges of a British subject and that includes a British passport, which would give free access to work in the rest of Europe for Maori."

UK passport holders are entitled to live and work anywhere in the 25 countries of the European Union.

But the British Government doesn't hold up much hope of Mr Wilkie's actions succeeding, saying the Treaty of Waitangi was superseded by the British Nationality Act of 1948, which did away with Article Three rights.

"There's no way that should be allowed. If they want to make changes to the treaty they should talk to us," Mr Wilkie said.

"They are saying we are an independent country, but only one person signs off all New Zealand legislation and that's the Governor- General, the Queen's representative in New Zealand.

"I'm claiming my rights still exist. Maori have not negotiated away those rights and the treaty is a valid contract. Queen Elizabeth II has an obligation to protect those rights"

- NORTHERN ADVOCATE (WHANGAREI)