Treaty Principles Bill: What the academics say is wrong with David Seymour’s legislation

Opposition to David Seymour's Treaty of Waitangi Principles Bill was strong throughout Aotearoa. Photo / Getty Images

• The Principles of the Treaty of Waitangi Bill threatens public health and equity, say experts.
• Dr Carwyn Jones warns it could erase tino rangatiratanga and subordinate Māori rights to the Crown.
• The bill risks fuelling racism and undermining efforts to close gaps in health and education.

The Treaty Principles Bill poses major risk to public health and equity, according to four academics, Carwyn Jones, Maria Bargh, Michael Baker and Rhys Jones.

They say the controversial bill threatens public health and equity in Aotearoa New Zealand according to law and public health experts.

Te Wānanga o Raukawa’s Dr Carwyn Jones and co-authors examine the critical implications of the bill and the urgent need for public opposition to safeguard Māori rights and health equity in the latest briefing from the Public Health Communication Centre.

The bill proposes redefining the principles of Te Tiriti o Waitangi, a move that Jones says will radically alter decades of established law and policy recognising Māori rights.

Dr Carwyn Jones, honorary adjunct professor in Māori studies at Victoria University and lead lecturer in Māori laws and philosophy at Te Wānanga o Raukawa. Photo / Supplied

“Aside from the legal uncertainty that such a radical change would create, the substantive effect of the proposed principles would be to erase the Tiriti guarantee of tino rangatiratanga, subordinating Māori rights of self-determination to the authority of the Crown.”

Jones says by hollowing out the substance of Treaty principles, the bill would also remove the existing legal recognition of distinctive Māori rights.

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“That is, the primary effect of the bill would be to remove a legal mechanism that has been used to promote equity in social policy, including health,” Jones said.

”The briefing authors say this bill actively damages Aotearoa New Zealand’s ability to advance as a cohesive, progressive society committed to using human rights principles and evidence to find practical ways to improve health and achieve equity. They outline specific threats to public health in the briefing.

“The bill risks fuelling racism and undermining social cohesion, perpetuating false narratives that Māori enjoy undue advantages despite evidence of structural disadvantages. It also prioritises formal equality over equity, jeopardising targeted actions to close persistent gaps in health, education, housing, and employment for Māori,” says Jones.

The authors urge New Zealanders to reject the bill as it represents the most significant Treaty breach in modern times.