Peters' bill unlikely to reach first base

Winston Peters

Winston Peters' bill removing all references to the principles of the Treaty of Waitangi in law is expected to fail at its first hurdle in Parliament tonight.

The Government, the Greens and the Maori Party will have enough votes to ensure it does not go to select committee.

The Principles of the Treaty of Waitangi Deletion Bill is a private member's bill in the name of Mr Peters, the leader of New Zealand First, who has campaigned for years against references to "principles".

Principles have been identified by courts in various decisions - the primary principle being that of "partnership".

But they have never been defined in legislation.

"The problem is that these airy-fairy principles were never defined and a whole industry of political correctness has developed around them."

Courts had made their own interpretation of the phrase "the principles of the treaty" with results that were never intended by Parliament, Mr Peters said last night.

Ordinary Maori had not benefited in real terms from a system they did not seek in the first place.

Maori Party leader Tariana Turia described the bill as a "slash and burn" approach that was essentially an attack on the treaty.

"Without this document we wouldn't have government in this country, and without this document we wouldn't have an immigration policy that allowed people to come here.

"I think it is the most positive document because it is actually about inclusion."

Maori wanted other people to be included when they were the majority.

She disputed Mr Peters' claim that there had been no tangible benefit for Maori from litigation surrounding the treaty.

Green party co-leader Jeanette Fitzsimons said the party would support the bill if the laws referred to the Treaty of Waitangi, rather than the principles.

She believed the principles established by the courts, such as the principle to actively protect treaty rights and the duty to act in good faith, were a guideline as to how the relationship between Maori and the state was to be conducted.

The bill was a "knee-jerk" response that pandered to the people who had supported the Orewa speech of National leader Don Brash.

National, United Future, Act, and New Zealand First will support it.

National deputy leader Gerry Brownlee said his party was happy to support the bill to select committee and said such a measure would form the centrepiece of a National Government.

But his party wanted settlement legislation exempted from the bill.

Act MP Stephen Franks said it was "an unbelievably crude" bill but it would give a committee a chance to debate what the principles were.

United Future leader Peter Dunne said it was an issue that needed to be resolved.

"Legislation that goes to a select committee, that enables all of these issues to be tested is good."