Francisco Javier ZAMORA CABOT’s Post

The Treaty of Waitangi Principles Bill - the quality of Ministry of Justice advice. Last night a Newshub story featured material from the Ministry of Justice released by the Waitangi Tribunal that criticised the Treaty Principles Bill's interpretation of the Treaty/Tiriti (see attached clip). I have no particular axe to grind on this issue. I just want an informed public discussion about the meaning of the Treaty as I believe it is critical to our future to have such a discussion. With this in mind, earlier in the year I requested under the Official Information Act all substantive analysis by the Ministry of Justice in the past 10 years on the meaning of the Treaty and the Treaty principles. The reply I received was that NO substantive analysis had been undertaken. Given this answer, I really do question the Ministry's capacity to say anything meaningful on the Treaty to Ministers. This is very disappointing as there is so much material that could have usefully been prepared for Ministers to help facilitate a constructive public discussion about the various interpretations of the Treaty. Disclosure: I have previously been a Ministry of Justice employee.

The Treaty Principles Bill 2024 (TPB) passed it's first reading in the House of Parliament on Thursday 14th November 2024. The Treaty of Waitangi, signed in 1840 is New Zealand's founding document. Written in both English and Maori, there is still disagreement about the exact meaning of the Treaty amongst Maori. Essentially the Treaty states that Maori from that date in 1840 ceded sovereignty to the British Crown in return for the protection of their land and possessions and endowment of all the rights and responsibilities of British subjects. The official wording of the Treaty of Waitangi can be read here: https://lnkd.in/gM4vGqEB. For those who want to read more on the Treaty Principles Bill 2024, it can be read here: https://lnkd.in/gcHpZTnV. Despite a law passed in 1975 attempting to define Treaty 'Principles' for the first time in legislation. However since then, the official interpretation of these Principles has evolved and changed through case law. Because these principles are now written into many important laws in the country, that has led to the current governments' legislative push to define and clarify these principles. The other alternative supported by NZ First and National is that references to The Treaty of Waitangi Principles be removed from all laws completely.

To repeat, the Treaty principles bill is constitutionally misconceived because it muddles descriptive (things as they are) and normative (things as they might/should be) norms. 🤓 Current references to Treaty principles are descriptive; ie, they signal situations where practical meaning of te Tiriti / the Treaty are to be applied or given effect to. Thus, the focus for govt/courts/tribunal is on the source meaning read in current circumstances. The Treaty principles bill is normative; ie, it purports to say what ACT thinks the meaning of te Tiriti *should* be in their eyes, eg formal equality etc. However, the bill leaves te Tiriti / the Treaty and its meaning intact, thereby creating constitutional incongruity.

The date Thursday 14th November 2024 will go down as an important day in New Zealand's history. The Treaty Principles Bill 2024 (TPB) passed it's first reading in the House of Parliament. A bill that seeks to clarify the constitutonal interpretation of the Treaty of Waitangi, New Zealand's founding document. A similar previous law passed in 1975 also instructed the government how to interpret and enact the Treaty however since then the interpretation has changed and evolved through case law. It is important for all government departments and laws to have a consistent interpretation of the Treaty for the proper functioning of society. I applaud and thank David Seymour for his bravery and honor in presenting the bill and for those MPs who voted to pass it to it's second reading.For those who want to be more informed on the issues being debated, the Treaty Principles Bill can be read here: https://lnkd.in/gcHpZTnV - it us just 6 pages long. The official wording of the Treaty of Waitangi can be read here: https://lnkd.in/gM4vGqEB - this is also only a few pages

A useful brief (3 mins) highlighting what 𝐈𝐧𝐭𝐞𝐫𝐧𝐚𝐭𝐢𝐨𝐧𝐚𝐥 𝐇𝐮𝐦𝐚𝐧𝐢𝐭𝐚𝐫𝐢𝐚𝐧 𝐋𝐚𝐰 means and what it covers. Produced by International Committee of the Red Cross - ICRC.

The challenges of financing and commitment from various states regarding UN Treaty Bodies, not only affect the Committee on the Rights of the Child (CRC) but also extend to the operations of other Treaty Bodies, such as the UN Subcommittee for the Prevention of Torture (SPT). It’s imperative that we recognize the critical role these bodies play in safeguarding human rights and maintaining global peace. To prevent a regression to darker times, it’s crucial that we bolster our support for the United Nations as the most effective avenue for promoting worldwide peace and upholding human rights

One way of trying to understand the Treaty of Waitangi is to establish what it is not. Here is a piece I wrote for The Conversation on some myths about the Treaty. https://lnkd.in/gXxgqc-s

My new article on Coc https://lnkd.in/gGA_MDZ7

💡 Went back and found this excellent Lyle Morris piece in The Diplomat, which he wrote following the 2016 Permanent Court of Arbitration (PCA) ruling--it is especially relevant today. Morris notes that the PCA also found 🇨🇳#China's reckless "law enforcement" actions in violation of the 1972 Convention on International Regulations for Preventing Collisions at Sea (COLREGS). The 🇵🇭#Philippines should be looking hard at this as they consider future legal actions against Beijing: 👇 "Finally, China's decision to deploy its coast guard as a coercive arm of its state policy to consolidate and protect its maritime interests in the South China Sea has been a cause for concern in the region. China’s policy of 'might makes right' and numerical superiority of coast guard vessels ensures continued dominance and bullying tactics towards smaller claimants in the South China Sea. While China can easily write off the PCA ruling on its coast guard behavior as just another 'piece of paper' it can ignore, the hope is that this and future rulings will over time build a legal case that abiding by basic maritime principles of safety at sea is in the interest of all countries, including China."

Maritime Governance in the West Philippine Sea: New Laws and Strategic Moves