Groundwork: Facilitating Change’s Post

Declaration and public notice of the Treaty Authority. Through the Treaty process the treaty Authority will make public notifications to ensure the public are aware of important milestones and events. The Treaty Authority gives notice, in accordance with clause 21.4(b) of the Treaty Negotiation Framework, that the State of Victoria has been entered onto the Negotiations Database for Statewide Treaty Negotiations.  Statewide Treaty will be negotiated between the State of Victoria and the First Peoples' Assembly of Victoria.  On 23 October 2024, the State notified the Treaty Authority of its compliance with the Minimum Standards and fulfilment of the Additional Preparations. The State’s Notification includes information about how it meets the Minimum Standards and has fulfilled the Additional Preparations relating to Land and Waters, Community, Leadership and Inclusivity. With the entry of the State onto the Negotiations Database, negotiations for a Statewide Treaty between the State and the Assembly have now begun (clause 21.4(c), Treaty Negotiation Framework). The next step is for the Assembly and the State to agree Negotiations Protocols. Read the public notice here: https://lnkd.in/gGJkCkqF

Government changes to the Treaty commitments – what’s happening and what you can do Most New Zealanders want to make sure the people we elect to represent us are making decisions with everyone’s best interests in mind. Te Tiriti o Waitangi is an inclusive agreement for all New Zealanders. It provides us with a foundation of ongoing peace and mutual benefit. The principles of the Treaty have become an important part of how the agreement of Te Tiriti is upheld by government. Any review of government Treaty principles should follow a principled approach to ensure good governance and respectful Te Tiriti relationships. As a follow up to our Te Tiriti explainer and Te Tiriti conversation guide, we’ve created this succinct resource. It provides trustworthy information about Treaty Principles and actions you can take in response to recent government changes to its Te Tiriti commitments. Read here: https://lnkd.in/g92RYjTM

We've just released this Treaty Principles explainer to support understanding and action.

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.

Critical that this gets shared (and understood) as widely as possible.

Max, I think we need to consider a few fundamentals: (1) Do we believe that there is only one category of NZ citizenship or are we tolerant of a quasi-apartheid system in which we differentiate between citizens based on elements of ethnicity; (2) Do we consider the Vienna Convention on the Law of Treaties (1980) - then a treaty can only be agreed between two States. This raises the question of whether the approximately 100 Maori tribes which signed the Treaty of Waitangi could be considered to constitute a state, even under the declarative theory of statehood as per article 3 of the Montevideo Convention 1933;

Max, I think we need to consider a few fundamentals: (1) Do we believe that there is only one category of NZ citizenship or are we tolerant of a quasi-apartheid system in which we differentiate between citizens based on elements of ethnicity; (2) Do we consider the Vienna Convention on the Law of Treaties (1980) - then a treaty can only be agreed between two States. This raises the question of whether the approximately 100 Maori tribes which signed the Treaty of Waitangi could be considered to constitute a state, even under the declarative theory of statehood as per article 3 of the Montevideo Convention 1933;

This is an excellent, clear explanation from Carwyn Jones on the principles of the Treaty of Waitangi - and on why the Treaty Principles Bill is so destructive and indefensible. This piece shows that there is not uncertainty about the Treaty principles justifying legislative change: "we now have a pretty clear idea about what the term 'the principles of the Treaty' means, and a great deal of certainty about how that term applies". It then goes on to detail why it's so important people speak up and oppose the Treaty Principles Bill. The article shows how the Bill's principles do not reflect Te Tiriti o Waitangi, the Bill reflects misinformation, and it would remove Māori rights - changing the terms of Te Tiriti without seeking agreement from other parties. Carwyn Jones's words should be quoted in full: "it is an act of extreme bad faith for one party to a treaty to try to change the terms of that treaty without seeking the agreement from the other parties. While the Treaty Principles Bill cannot change the words of Te Tiriti, redefining Treaty principles in the way proposed would fundamentally alter the recognition of Māori rights that are guaranteed in Te Tiriti. In fact, it would effectively remove those rights." https://lnkd.in/g5CvYk6n

A principled approach to government Treaty commitments Treaty Principles are an important means by which the agreement of Te Tiriti is upheld by government. Despite this, our current government has unilaterally decided to review, replace, and repeal or rewrite Treaty Principles.  It is critical that the government actions reflect these central understandings established in law: - A treaty is an agreement between independent nations     - Any interpretation of meaning, or change of terms, must be agreed to by the parties to that agreement     - Any interpretation must reflect the agreement itself    We can advocate for this principled approach together and protect the progress that has been made towards honouring Te Tiriti. To learn more about Treaty Principles and what we can do about changes to government Te Tiriti commitments, read our succinct new resource: https://lnkd.in/g92RYjTM 

Read this post if you want to understand some of the basic ways The Crown’s Treaty Principles Bill is flawed. Purpose: Share a brief snip of the Tribunal's own summary of its important recent report. Source: Waitangi Tribunal: Ngā Mātāpono – The Principles: The Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry Panel on The Crown’s Treaty Principles Bill and Treaty Clause Review Policies. Quote from Tribunal's summary note on the report: "With respect to the Treaty Principles Bill policy, the Tribunal found that the Crown had breached the Treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the article 2 guarantee of rangatiratanga. The Crown failed to engage with Māori, and the Bill: - lacked a policy imperative justifying its development; - was based on flawed policy rationales; - was ‘novel’ in its Treaty interpretations; - was fashioned on a disingenuous historical narrative; and - distorted the text of te Tiriti o Waitangi." Also, please note: it is not hard to find. Find it. Read it.