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Submissions open on legislation to redefine the Treaty relationship
The Justice Select Committee is calling for submissions on the Principles of the Treaty of Waitangi Bill.
Submissions are due 7 January 2025.
The Principles of the Treaty of Waitangi Bill would redefine the Treaty relationship between Māori and the Crown, replacing it with 3 principles developed by the ACT Party.
Treasury provided a Regulatory Impact Statement on the draft legislation in August 2024, which found, “the status quo is more beneficial.” Their analysis includes that the draft bill is “worse than the status quo” for: upholding the Treaty; clarity and certainty; promoting social cohesion and consensus; and maintaining constitutional legitimacy. There were no criteria where the draft bill was better than the status quo.
The Treaty, colonisation and ending violence
He Waka Eke Noa was the first comprehensive study of violence centring kaupapa and mātauranga Māori. Its findings include:
- “The failure of the Crown to uphold Te Tiriti o Waitangi is highlighted in all components of the research as a structural reason that underpins the level to which whānau have been exposed to generations of violence.”
- “Transforming the impact of violence upon whānau requires approaches that are aligned to the wider notions of tino rangatiratanga and mana Motuhake.”
- “Honouring, enacting and upholding Te Tiriti o Waitangi is considered a critical part of the solution to the underlying systemic issues that sustain violence.”
- “Honouring Te Tiriti o Waitangi will begin to unlock the appropriate frameworks and models for good partnership and decision making that will support whānau wellbeing.”
The Treaty Principles Bill ignores the context of colonisation and its harm to Māori, and moves away from upholding and honouring the treaty.
The national strategy to eliminate family violence and sexual violence, Te Aorerekura, also identifies that "Violence that impacts whānau is rooted in the marginalisation of tangata whenua and societal changes enforced during the colonisation of Aotearoa."
The Strategy identifies a strong treaty relationship as a foundation for ending violence and growing toiora whānau:
“The Treaty of Waitangi |Te Tiriti o Waitangi, te ao Māori, and whānau-centred approaches are central to Te Aorerekura. They provide a unique perspective for Aotearoa New Zealand about how family violence and sexual violence can be eliminated and how safety and wellbeing can be realised for all people.”
Waitangi Tribunal Report on Treaty Principles Bill updated
The Waitangi Tribunal has released Ngā Mātāpono/The Principles: Part II of 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 (2024).
The report updates the previous interim report with an additional chapter. That report found that the Treaty Principles Bill and the Crown’s agreement to support it are in breach of the treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the article 2 guarantee of rangatiratanga. The updated report adds further findings of breaches, which cause significant prejudice to Māori. The Tribunal confirmed its recommendation that the Bill be abandoned.
“the Crown’s process to develop the Bill has purposefully excluded any consultation with Māori, breaching the principle of partnership, the Crown’s good-faith obligations, and the Crown’s duty to actively protect Māori rights and interests. The Tribunal also found this policy process to be in breach of the principle of good government, as Cabinet has decided to progress the Bill despite it being a policy that is not evidence-based, has not been adequately tested, has not been consulted upon, and fails regulatory standards.”
The Tribunal also found:
- “Māori would be particularly prejudiced by the extinguishment of tino rangatiratanga in a legal sense if the Bill were to be enacted”
- “the new principles would advance the discredited agenda of assimilation”
- “Cabinet’s decision to introduce the Bill would prejudice Māori by further damaging the Māori–Crown relationship”
- “Māori would also feel the brunt of the social disorder and division caused by the introduction of the Bill.”
Widespread opposition to Treaty Principles Bill
Te Hunga Rōia Māori shared excerpts of a letter calling on the Prime Minister to abandon the Treaty Principles Bill, which they describe as “an act of bad faith and deep dishonour.” Their reasons include:
- That conversation about the Bill is divisive and misinformed, and “Māori will bear the brunt of that misinformation.”
- The Bill attempts “to reframe and minimise the guarantees made to Māori” in the Treaty.
- “Applying the new and distorted principles to the interpretation of the Treaty across all law would have the legal effect of redefining Te Tiriti itself.”
- “The Crown’s actions are not only inconsistent and contrary to the advice of their own officials (including the Ministry of Justice), the recommendations of the Waitangi Tribunal and Te Tiriti o Waitangi itself, but also other international agreements such as the United Nations Declaration on the Rights of Indigenous Peoples and the Convention on the Elimination of Racial Discrimination.”
In a letter to the Prime Minister and the Attorney-General, 42 King’s Counsel stated that the Treaty Principles Bill should be abandoned. Their reasons include:
- “By imposing a contested definition of the three articles, the Bill seeks to rewrite the Treaty itself.”
- “The Treaty Principles Bill would have the effect of unilaterally changing the meaning of te Tiriti and its effect in law, without the agreement of Māori as the Treaty partner.”
- The proposed “Principle 2” erases the Crown’s guarantee to Māori of tino rangatiratanga, and attempts to exclude the courts from deciding on questions of treaty rights.
- The proposed “Principle 3” erases the Crown’s guarantee to Māori of the right to be Māori and to have tikanga recognised in law.
- “it is not for the government of the day to retrospectively and unilaterally reinterpret constitutional treaties. This would offend the basic principles which underpin New Zealand’s representative democracy.”
- “the Treaty Principles Bill would cause significant legal confusion and uncertainty, inevitably resulting in protracted litigation and cost.”
A petition to “Stop the Treaty Principles Bill” signed by over 200,000 people was given to Hana-Rawhiti Maipi-Clarke at Parliament on 19 November 2024. The petition continues to gather signatures, attracting more than 290,000 to date.
A nationwide hīkoi mō te Tiriti opposed to the introduction of the Treaty Principles Bill attracted tens of thousands around the country, and to Wellington on 19 November 2024. A feature of the hīkoi was the diversity of participants.
Submissions and templates
Te Kāhui Tika Tangata | The Human Rights Commission publicly released its submission, which describes the Bill as “...unnecessary, unworkable and in breach of human rights and Tiriti obligations.”
Many groups have produced guides and tools to support people to write submissions on the Treaty Principles Bill. These include:
- Together for Te Tiriti list local events supporting submission writing around the motu
- Tuku Kōrero is the simplest 'submission builder' to help write and even send submissions
- Koekoeā have produced a document explaining the submissions process, and are hosting nightly workshops across social media platforms
- Together for Te Tiriti have an online tool and downloadable template for the process of writing your submission in te reo Māori or English
- ANZASW will hold a webinar “Submission writing for beginners: Equipping social workers to respond to the Treaty Principles Bill” on 11 December 2024
- Lawyer Roimata Smail has created a downloadable submission template
- Common Grace has collected resources to support faith communities to encourage and gather submissions
- Greenpeace has created a Treaty Principles Bill personal submission builder
- The Green Party has published their submission and is collecting signatures in support of it. They have also produced an online guide for writing a submission on the Bill.
NZFVC Submission
You can read the submission from NZFVC here.
Update: Maranga Mai release response to Treaty Principles Bill, Tuku Kōrero mō te Pire Takahi Tiriti
Maranga Mai, the working group towards a People’s Action Plan Against Racism in Aotearoa, has released their response to the Treaty Principles Bill, Tuku Kōrero mō te Pire Takahi Tiriti (2025). Maranga Mai were appointed by the National Iwi Chairs’ Forum. In their response they provide a definition of racism and outline the racial dimensions of the Treaty Principles Bill as well as setting several expectations for the Government’s response to this Bill.
This is an opportunity to make a significant contribution towards eliminating sexual violence and family violence in Aotearoa New Zealand. The Policy Lead will be responsible for:
- Building and maintaining effective relationships with key research and policy professionals and within communities.
- Monitoring communications from key stakeholders to identify emerging research, issues, policy changes and relevant events.
- Collaborating on website content and developing evidence briefs and submissions on policy and legislation relative to family and sexual violence in Aotearoa.
It is expected that applicants will be experienced in collaborative and integrated partnerships across the family violence and sexual violence sectors. As well as a strong family and/or sexual violence focus to their academic and research background, experience working on equity, working with priority populations and knowledge of te reo me ōna tikanga Māori is preferred.
Please share with your networks.
See the job description for more details and find further information on Seek. The closing date for applications is Sunday 24 November, 5pm. Note we may interview prior to the close date.
Abuse of older people symposium
The New Zealand Family Violence Clearinghouse and the Ministry of Social Development | Te Manatū Whakahiato Ora co-hosted a one-day symposium to bring together specialists, researchers and policymakers working to address the abuse of older people. This event was held on 3 September 2024 at the University of Auckland | Waipapa Taumata Rau in Auckland. The symposium featured speaker panels and workshop discussions that explored the critical gaps in our understanding of and response to abuse of older people in Aotearoa.
The speaker panels and workshops addressed 4 themes:
- Understanding and measuring abuse of older people
- Inequities and intersectional identities
- Reflections from practice on barriers and challenges
- Aspirations for wellbeing and hauora.
Speakers shared insights from their work, providing a starting point to spark conversation, broaden thinking and create opportunities for collaboration. Videos and slides from these short presentations are available on our website.
MSD consulting on 2025 long-term insights briefing
The Ministry of Social Development | Te Manatū Whakahiato Ora is currently consulting on the topic of its next Long-term Insights Briefing. The proposed topic is Current and future disadvantage for older New Zealanders.
MSD states that it has proposed the topic on the basis of evidence that suggests disadvantage for older people has the potential to become an issue of increasing significance for New Zealand, due to a combination of demographic changes, social and economic trends, and public finance constraints.
All feedback is due by 25 October 2024.
MSD would like to better understand these kinds of issues for New Zealand's ageing population and their implications for policies and services.
More information on Long Term Insights Briefings can be found at the DPMC website.
International Day of Older Persons
The International Day of Older Persons was observed on the 1st of October. The theme for 2024 is "Ageing with Dignity: The Importance of Strengthening Care and Support Systems for Older Persons Worldwide".
In a press release to mark the day, Chief Executive of Age Concern New Zealand Karen Billings-Jensen stated that:
"Ageing with dignity is a fundamental right, and supporting that means having care and support service options that allow older people to thrive. Our mission is to advocate for respect, care, and support for older New Zealanders, ensuring their voices are heard and their needs met."
The UN Independent Expert on the enjoyment of all human rights by older persons, Claudia Mahler, marked the day with a call for urgent global action to safeguard the rights of older persons in the face of an ageing world population. She highlighted the persistence of ageism and discrimination as crucial barriers for older persons’ access to essential services, and their full participation in society:
"During my recent country visits, I have witnessed how ageism continues to impede older persons' rights," the Independent Expert said. "For those experiencing multiple forms of discrimination, such as older women, LGBTIQ+ persons, migrants, persons with disabilities and those belonging to minorities and Indigenous Peoples, these challenges are even more pronounced."
2021 – 2030 is also the Decade of Healthy Ageing. The decade has four action areas:
- Combatting ageism – changing how we think, feel and act towards ageing
- Creating age-friendly environments – enabling older people to participate in and contribute to their communities and society
- Providing integrated care – delivering integrated care and primary health services that are responsive to the needs of the individual
- Ensuring access to long-term care – providing access to long-term care for older people who need it.
You can find out more about work being undertaken to advance these action areas in Aotearoa on the Office for Seniors | Te Tari Kaumātua website. To get involved see the Community Conversations Facebook page from the Selwyn Foundation, an initiative of the Aotearoa New Zealand National Forum for the Decade of Health Ageing. Learn more about the Aotearoa National Forum in this RNZ interview with Denise Cosgrove, Selwyn Foundation Chief Executive.
Related Research
In 2022, the Office for Seniors provided eleven one-off grants of up to $25,000 for initiatives aiming to prevent the abuse of older people through the Elder Abuse Prevention Fund.
The Ministry of Social Development subsequently commissioned a review to explore the learning and insights from initiatives that received funding. The report, Gathering insights from the Elder Abuse Prevention Fund: a learning and insights review prepared for the Office for Seniors (2024), shares practice-based insights and information to enhance understanding of the scale, prevalence, and nature of the abuse of older people in New Zealand. The project involved a review of relevant documentation and nine semi-structured interviews with staff involved in the planning and implementation of the funded initiatives.
Related media
The NZFVC was commissioned by Te Puna Aonui to understand more about existing local and regional family violence and sexual violence networks, the current landscape of collaborative initiatives addressing violence in Aotearoa, and what would strengthen existing local and regional networks.
The findings and recommendations in Strengthening and Expanding Local and Regional Family Violence and Sexual Violence Networks (2024) are based on a literature review, an online survey and focus groups and interviews with key informants from local networks, national networks, and government agencies.
The report identified approximately 43 existing local family violence and sexual violence networks in Aotearoa and noted their role in building relationships, fostering good practice and information sharing, training, supporting network members in their work, and leading community awareness and mobilisation activities addressing both family violence and sexual violence. It found that local networks play a unique and essential role in holding space for coordination and collaboration that spans crisis response, intervention, and prevention. Within these networks, Family Violence Network Coordinators play an important role in bringing people in communities together to align their work.
The report also found that:
- Family and sexual violence networks across Aotearoa are a critical mechanism for implementing Te Aorerekura. There is significant potential to strengthen existing networks to enhance their effectiveness and impact.
- There is a lack of a cohesive plan in relation to family violence and sexual violence networks across government. This creates a continuous cycle of ‘new’ initiatives layered over and competing with existing initiatives, along with a loss of focus and investment for existing and effective initiatives.
- Funding for existing networks is extremely insecure. There is a serious risk that two decades of expertise and community initiatives will be lost.
- While existing local family violence networks are inclusive of tangata whenua, additional structures and spaces need to be strengthened and/or developed that are led by tangata whenua and that respond specifically to the needs and aspirations of tangata whenua.
- Key informants, researchers and experts have been saying the same things for 20 years and yet recommendations aimed at strengthening networks have largely been ignored. This has been the biggest barrier to success.
The report recommends that:
- A clear and cohesive long-term plan be developed that articulates the role and value of local violence prevention networks that aligns with Te Aorerekura Shift Two: Towards Mobilising Communities.
- Secure long-term funding is allocated to support networks at all levels of the system. This includes networks operating at the local, regional and national levels.
- Backbone infrastructure is developed to support individual coordinators, reduce isolation, assist in feedback loops, increase consistency across networks and provide guidance and support for best practice. Specifically, a national coordinator role should be established with responsibility for assisting with coordination across networks.
- Funding is allocated to support tangata whenua to develop networks/structures that are led by tangata whenua and that respond specifically to the needs and aspirations of tangata whenua, irrespective of their participation within other networks.
Find contact details for all local violence networks and more information about the local networks.
Te Whāriki Manawāhine o Hauraki report
From 2018-2020, Te Whāriki Manawāhine Research spoke with wāhine from Hauraki about their experiences of mahi tūkino and housing poverty. Mahi tūkino included family violence, sexual violence, and the transmission of historical and intergenerational violence. They found mahi tūkino and housing poverty were strongly connected, each making the other worse, and trapping whānau in cycles of harm. The report, He Whare, He Taonga – Connecting Mahi Tūkino and Housing Poverty in Hauraki: Wāhine give voice to passionate solutions (2024), says:
- “...whānau violence, and systemic entrapment forces many Hauraki Wāhine and their whānau into homelessness”
- “...profound challenges in finding suitable and sustainable housing … force them back into the violent situations they were trying to escape.”
The wāhine interviewed in the research also offered compassionate solutions:
“...where tamariki are raised in non-violent villages founded on mātauranga me tikanga Māori. These are villages where Wāhine Māori and their whānau are fully supported to recover from their lived experiences of mahi tūkino, and they are thriving.”
Te Whāriki used a mana wāhine methodology, which found 4 themes:
- Pū — the desire for home, including safety, stability, security, self-determination, connection to culture, people and communities, and raising healthy mokopuna.
- Rā — creating wellness, which includes addressing the roots of violence and housing poverty, and supporting whānau aspiration.
- Kā — correcting barriers and building systems that are wāhine- and tamariki-centred. Participants shared that engaging with state systems (particularly Oranga Tamariki and Kāinga Ora) was often worse than the violence in their home.
- Ū — growing compassionate solutions, based on listening, believing, understanding and action to support healing.
He Whare, He Taonga report includes chapters of participants’ voices, key informants’ voices, and a targeted demographic and literature snapshot which provides international and local context.
In announcing the report, Paora Moyle – Te Whāriki Manawāhine o Hauraki - Research Manager said:
"This project intentionally illuminates the voices of wāhine Māori, enabling them to be key contributors towards housing solutions in Hauraki. It is from this standpoint that we come to understand societal violence, whānau violence, and related persistent housing poverty experienced by Hauraki wāhine Māori and their whānau."
In an article for The Post, Paora reflected on the research writing:
"Our research backed up what so many thought – that there is absolutely a direct link between domestic violence and housing poverty and housing inequity.
We heard about a discriminatory, disjointed and desensitised system that fails to regard the human connection and responsibility to respect a māmā’s dignity.
And Paora also wrote:
"We came away from our research knowing that our wāhine possess powerful wisdom to change housing poverty forever in a way that achieves intergenerational wellness for the good of all.
It starts with compassion. It ends with collaboration.
Like cross-party, bipartisan commitments from the top to tackle this head-on, enabling the people on the ground to create multi-generational housing solutions together.
Locally led, with whānau-at-the heart builds for koroua, kuia and mokopuna. Easy to say, hard to do."
Related media
We’ve tackled child poverty before, and we should do it again, Mana Mokopuna, 03.09.2024
Administering poverty, E-tangata, 18.08.2024
The green light flicks on for tougher beneficiary sanctions, The Bulletin, 13.08.2024
Agencies helping women escape abuse struggle with demand, RNZ, 07.08.2024
Aotearoa is a beautiful country but there's a lot of ugly in it, The Post, 04.08.2024
Some Māori living in mangrove swamps in Hauraki, RNZ, 03.08.2024
Fears women can't afford to leave abusive relationships amid cost of living crisis, RNZ, 02.08.2024
Direct link between domestic violence and housing poverty, research finds, RNZ, 31.07.2024
New Research Proves Link Between Domestic Violence & Housing Poverty, Scoop, 31.07.2024
This isn’t a cost of living crisis, it’s a pandemic of poverty, The Press, 31.07.2024
The report concerns claims submitted to the Tribunal under urgency regarding Crown policies to progress a Treaty Principles Bill and, separately, to review legislative enactments referring to ‘the principles of the Treaty of Waitangi’ (the Treaty clause review). The Tribunal held the claims at hearings on 9 and 10 May 2024.
This story also gives background information on Te Tiriti o Waitangi, the principles of the treaty, and their relevance to the sexual violence and family violence sector including Te Aorerekura.
The Treaty Principles Bill
The introduction of a ‘Treaty Principles Bill’ was agreed to as part of the National and ACT Coalition Agreement, which includes the commitment to "Introduce a Treaty Principles Bill based on existing ACT policy and support it to a Select Committee as soon as practicable".
Although the Bill is still being drafted, the ACT Party have developed and shared its own proposed treaty principles, which redefine the treaty relationship to protecting:
- the Crown’s right to govern,
- property rights, and
- equality under the law.
ACT’s principles have been drafted without involvement from either Crown or Māori representatives. The Bill would require a binding referendum on ACT’s proposed treaty principles. The Bill has not yet been introduced in Parliament.
For more information about what is being proposed and what this means see legal academic Carwyn Jones' (Ngāi Te Apatu, Ngāti Kahungunu ki Te Wairoa) E-Tangata article.
The pre-publication version of the Waitangi Tribunal’s interim report found that the Treaty Principles Bill, and the Crown’s agreement to support it, are in breach of the treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the article 2 guarantee of rangatiratanga. They state:
“the evidence before us indicates the Treaty Principles Bill is not necessary to solve any problem; there is no policy imperative that justifies it; it is ‘novel’ in its Treaty interpretations; it is fashioned upon a disingenuous historical narrative; and its policy rationales are unsustainable." (p.134).
They further state that:
“the Treaty/te Tiriti created a foundational relationship for this country founded on a partnership between Māori and the Crown and equality between the tino rangatiratanga and kāwanatanga spheres. The proposed Bill and the Crown’s agreement to pursue it belies the existence of this partnership. Despite the constitutional significance of the Bill’s proposal to amend the Treaty principles and its importance to Māori, the Crown agreed to pursue the policy without any engagement or discussion with Māori. Māori did not want this policy and in fact many have been strongly opposed to it from the beginning. This is a clear failure of the principle of partnership, including the obligations of good faith and reciprocity. It is also a failure of the Crown to respect the tino rangatiratanga of Māori.” (p.135)
The Tribunal found that:
“by engaging with this policy the Crown is sanctioning a process that will take away indigenous rights and reduce the Crown’s Treaty/te Tiriti obligations across the statutory landscape. It has adopted a policy that is contrary to fundamental human and indigenous rights and international law, including ICERD [International Convention on the Elimination of All Forms of Racial Discrimination] and UNDRIP [United Nations Declaration on the Rights of Indigenous Peoples]. It is subjugating the Māori–Crown relationship with little regard to the normative value of the Treaty/te Tiriti in our constitutional framework. It is an attempt to utilise Parliament’s law-making authority to alter Aotearoa New Zealand’s constitutional foundation predicated upon a legal fiction and an attempt to oust the judiciary.” (p.135)
They conclude that:
“the Treaty Principles Bill policy is poorly designed, not informed by consultation with Māori, not justified by robust policy analysis, and risks destroying the very foundation of the constitutional arrangements of this country.” (p.138)
The Tribunal found that the impacts of the policies will be highly prejudicial to Māori. They recommended that:
- "The Treaty Principles Bill policy should be abandoned.
- The Crown should constitute a Cabinet Māori–Crown relations committee that has oversight of the Crown’s Treaty/te Tiriti policies. The Tribunal did not consider it appropriate that these matters are considered by the Social Outcomes Cabinet Committee.
- The Treaty clause review policy [see below] should be put on hold while it is reconceptualised through collaboration and co-design engagement with Māori.
- The Crown should consider a process in partnership with Māori to undo the damage to the Māori–Crown relationship and restore confidence in the honour of the Crown. While the Tribunal noted that this issue was wider than the two specific policies before it in this urgent inquiry, it stated that it made this recommendation based on its findings and the redress that is necessary to remove the prejudice and prevent similar prejudice in the future."
Many organisations oppose the Treaty Principles Bill being introduced or read. Over 150 community groups and civil society organisations have signed an open letter, organised by ActionStation, opposing the Bill and calling on the Prime Minister to stop the Treaty Principles Bill and ensure it is withdrawn before going to select committee. ActionStation Director Kassie Hartendorp (Ngāti Raukawa) said:
"We really wanted to start showing it’s not just Māori who care about this bill. It’s people who have been within civil society and within communities and doing their best to be able to honour Te Tiriti o Waitangi…”
Treaty Clause Review
The treaty clause review is a separate government workstream from the Treaty Principles Bill. Undertaking this review was part of the 2023 Coalition agreement between the National Party and New Zealand First Party. The agreement states that the Coalition will:
"Conduct a comprehensive review of all legislation (except when it is related to, or substantive to, existing full and final Treaty settlements) that includes "The Principles of the Treaty of Waitangi" and replace all such references with specific words relating to the relevance and application of the Treaty, or repeal the references."
Work to scope and implement this review was initially led by Te Arawhiti – The Office for Māori Crown Relations, however, the Waitangi Tribunal report notes that responsibility for the review has since been transferred to the Ministry of Justice.
The Tribunal’s report concludes that the outcomes of the review are ‘pre-determined’, and that by failing to consult with Māori on a matter that will have great significance to them, the Crown “has not to date acted honourably and in good faith in pursuing the review.” The report goes on to state that:
"The review is likely to remove or narrow existing Treaty clauses which will in turn remove Treaty/te Tiriti protections that currently exist in New Zealand law. While these protections are imperfect, they nonetheless provide a means for iwi, hapū, and whānau to both hold the Crown to account and seek redress through the courts. Reducing these protections would therefore impact the rights of Māori to access justice to have their rights under the Treaty/te Tiriti realised, which is in breach of the principles of equity and redress. The Crown also has an obligation to actively protect the rights and interests of Māori. To remove or limit the effect of the Treaty/te Tiriti protections contained in Treaty clauses is a self-evident breach of the principle of active protection." (p. 183).
Information and resources on treaty principles
Te Tiriti o Waitangi
Te Tiriti o Waitangi is the agreement between hapū and the Crown that was debated and signed by representatives of each at Waitangi in 1840. It consists of three written articles, promising:
- Crown right to ‘kāwanatanga’, or authority over its own people (at the time, an estimated 2000 English people were here. This article makes clear the Crown’s responsibility to control them, just as Māori would expect hapū to control their own people).
- Rangatira and hapū ongoing ‘tino rangatiratanga’, or complete authority, which is sometimes translated as sovereignty or self determination (this article is consistent with political arrangements at the time, and the earlier He Whakaputanga o te Rangatiratanga o Nu Tireni). Also, rangatira could sell land to the Crown’s agent at a price agreed to by both.
- Māori all the rights and protections of English citizens. The ‘lawlessness’ of English manuhiri was a key problem the Treaty was trying to solve. This article and the first promise that the Crown will protect Māori just as it would protect its own citizens.
For information about the difference between Te Tiriti o Waitangi and the Treaty of Waitangi, see Professor Margaret Mutu's (Ngāti Kahu, Te Rarawa, Ngāti Whātua) article Enhancing the mana of Te Tiriti. Also see see Tiriti vs Treaty, and challenging 'Treaty principles' from the government's New Zealand History information on Teaching te Tiriti o Waitangi.
The principles of the treaty
Te Ara Whiti describe the history of the principles of the treaty. The first piece of New Zealand legislation to refer to the principles was the Treaty of Waitangi Act 1975, which established the Waitangi Tribunal. The Act says that Māori can bring a claim to the tribunal about a Crown policy or practice (amongst other things) which was or is ‘inconsistent with the principles of the Treaty’.
Many pieces of legislation have since incorporated ‘principles of the Treaty’, however, there is no single list of principles. Instead, principles have been developed and interpreted through a range of Crown controlled mechanisms and processes including (amongst other things) court cases, new laws, Waitangi Tribunal findings and a 1989 government statement. The Crown has not partnered with Iwi, hapū and other Māori organisations in the development of treaty principles.
The Treaty of Waitangi Act 1975 requires that the Waitangi Tribunal look to both the Māori text of Te Tiriti and the English draft in order to determine how ‘the principles of the treaty’ should be applied. Carwen Jones explains that principles of the treaty do not accurately reflect Te Tiriti:
"The use of the phrase "the principles of the Treaty" is an attempt to reconcile the Māori text of Te Tiriti with the English draft. More specifically, the concept attempts to reconcile Te Tiriti with the view that Crown sovereignty is absolute and exclusive and does not allow space for the exercise of other authority. Exclusive and absolute Crown sovereignty is not consistent with the guarantee of tino rangatiratanga to Māori in Te Tiriti. In this way, Treaty principles reflect a significantly watered-down version of Te Tiriti."
For a more comprehensive explanation of treaty principles, including examples of treaty principles that have been identified and applied, see Carwyn Jones’ primer on Treaty principles (2024).
The Treaty of Waitangi and Te Aorerekura
Te Aorerekura, the national strategy to eliminate family violence and sexual violence, explains the relationship between Māori values, the Treaty of Waitangi and Te Aorerekura:
“The Treaty of Waitangi |Te Tiriti o Waitangi, te ao Māori, and whānau-centred approaches are central to Te Aorerekura. They provide a unique perspective for Aotearoa New Zealand about how family violence and sexual violence can be eliminated and how safety and wellbeing can be realised for all people.”
Te Aorerekura recognises the importance of building from a healthy relationship between Tangata Whenua and Tangata Tiriti, and the potential of this for reproducing safe, equitable relationships. It aspires to be a framework with a safe, equitable relationship at its centre. The question of how to support such relationships is repeated throughout Te Aorerekura, for example in engaging with the many communities impacted by violence. Rather than rolling out a single repeated template for working with communities, or a single set of goals or needs to be met, Te Aorerekura invites communities to explore what they each need to thrive.
Te Aorerekura explains the benefit of this approach:
“The Treaty of Waitangi affords Tāngata Tiriti the same rights to access equitable options. Te Aorerekura draws on Te Tiriti o Waitangi, mātauranga Māori and te ao Māori values to envision a different expectation of how to achieve safety and wellbeing for all people in Aotearoa New Zealand.”
Related resources
For more information on Te Tiriti, the treaty and treaty principles see:
- Ani Mikaere’s (Ngāti Raukawa, Ngāti Porou) chapter Te Tiriti and the Treaty: seeking to reconcile the irreconcilable in the name of truth from her book Colonising myths - Māori realities: He rukuruku whakaaro (2011).
- Carwyn Jones' primer on Treaty principles (2024).
- Ako Aotearoa has shared a short collection of notable commentaries related to The Treaty of Waitangi (2024) (Ako Aotearoa supports teachers, trainers and educators on the tertiary sector).
- Community Research's podcast series Te Tiriti 2024 and Beyond that looks at the history and kōrero about our constitution, He Whakaputanga o te Rangatiratanga o Nu Tireni and Te Tiriti o Waitangi. This builds on their previous 2022 Te Tiriti Kōrero podcast series.
- Independent consultant, Groundwork trainings, Treaty Principles explainer, and other resources to support tangata tiriti. See their June 2024 Pānui for more details.
- Chapters 8, 9 & 10 of Waitangi Tribunal Claim 1040, Te Paparahi o te Raki (Northland), which give a good overview of the context surrounding the signing of Te Tiriti and how effect has been given to Te Tiriti over time.
Related media
Understanding the Waitangi Tribunal’s report on the Treaty Principles Bill, The Spinoff, 02.09.2024
Margaret Mutu - Perspective on Govt Actions Towards Te Tiriti, Te Hiku, 23.08.2024
National opts to deepen the divisions with Māori, The Post, 10.08.2024
Ferris puts tribunal boost bill in ballot, Waatea News, 31.07.2024
Opposition mounts ahead of draft Treaty Principles Bill, Newsroom, 17.07.2024
Hekia Parata backs boycott of Act’s treaty principles select committee, The Spinoff, 15.07.2024
Treaty Principles Bill: Māori translators pen letter over 'deeply flawed translations', RNZ, 03.07.2024 (see the open letter, shared by Waatea News)
Government stops putting general Treaty of Waitangi clauses in legislation, NZ Herald, 13.03.2024
Leaked ministry doc warns Bill could break spirit and text of Treaty, One News, 19.01.2024
Abuse in care inquiry final report
The final report from the Royal Commission of Inquiry into Abuse in Care has been publicly released: Whanaketia – Through pain and trauma, from darkness to light Whakairihia ki te tihi o Maungārongo (2024).
The Inquiry found that between 1950 and 1999, an estimated 200,000 children, young people and adults in care experienced pervasive abuse and neglect. Between 1950 and 2019, it is estimated that up to 256,000 children, young people and adults in care were abused and neglected, of an estimated 655,000 – nearly 40%.
It found that abuse was severe and widespread, that critical rights were ignored or overlooked altogether, and that abuse was deeply rooted and enabled across all levels of the systems responsible for providing care. The effects of colonisation, racism, ableism, sexism, homophobia, transphobia and other forms of discrimination compounded the abuse. This meant that more Māori were placed in care, and once in care, were treated more harshly. Pacific survivors also experienced racial abuse and cultural neglect. Deaf and disabled survivors also experienced targeted abuse.
The Executive summary says the report:
"...shines a light on the institutional and systemic failures by recounting the experiences of people in care and their subsequent life‑long pain and trauma. It sets out a path to ensure all in care are safe, cared for and supported to lead their best possible lives."
Many of the institutional systems enabled abusers and institutions to abuse and neglect people in their care with impunity, without fear of consequence. The report says that:
"The State was ultimately responsible for the care system during the Inquiry period. This system was one of institutionalisation. Instead of addressing the social and cultural needs of whānau by resourcing and empowering families to care for their own, the State placed children, young people and adults in punitive, institutional settings that segregated and isolated them from their whānau and communities where they were of sight and out of mind."
The report also states that "...most of the factors that led or contributed to abuse and neglect during the Inquiry period continue to persist." The Whanaketia brochure, gives a brief overview of the report, and says "The Inquiry’s report says fundamental changes are needed to safeguard the children, young people and adults who are in care today."
There are 138 recommendations. They cover 3 key themes:
- righting the wrongs of the past
- making current care safe
- entrusting and empowering communities.
The report is made up of an introductory volume with 9 parts, a survivor experience study and five case studies. In addition there are summaries of survivor experiences for Māori; Pacific; Takatāpui, Rainbow and MVPFAFF+; women and girls; Disabled; Deaf; survivors of abuse in faith-based care; and survivors of abuse in mental health care settings.
Many other reports that were commissioned by or prepared for the Royal Commission have been publicly released. You can find all reports related to the Abuse in Care Inquiry in our library. RNZ has also compiled related media and links to the debate in Parliament when the Report was tabled.
Government response
Erica Stanford is the Lead Coordinator Minister for the Government’s Response to the Royal Commission’s Report into Historical Abuse in State Care and in the Care of Faith-based Institutions. She will lead a Ministerial Group to respond to the report’s findings and the 138 recommendations along with the 95 recommendations from the interim report that was released in December 2021. Minister Stanford said the government is prioritising decisions related to redress and "Other recommendations will require more time to consider and respond to, particularly those involving legislative and major organisational change. We will provide an update by November.” The Government announced that a formal apology will take place on 12 November 2024. The Government has also announced Urgent payments for terminally ill Lake Alice survivors.
For more see the Prime Minister's speech to Parliament – Royal Commission of Inquiry’s Report into Abuse in Care. Also see Minister Stanford and the Prime Minister's statement that acknowledges torture at Lake Alice.
For ongoing information, see the website of the Crown Response to the Abuse in Care Inquiry. You can sign up for email updates from the Crown response by emailing contact@abuseinquiryresponse.govt.nz with 'pānui' in the subject line.
Update: Minister Stanford has announced that a Crown Response Office will be established within the Public Service Commission to drive the Government’s response to the Royal Commission. For more information see the media release Government progresses response to Abuse in Care recommendations.
Survivor Experiences Service
The Survivor Experiences Service is available for people who were abused in state, faith-based or other forms of care, and for whānau of survivors. You can share your experiences of abuse in care and get help with finding your own care records.
Responses to the report
Many survivors and survivor advocates have responded to the report. We highlight some of these below. Find more in the related media below.
- VOYCE – Whakarongo Mai published a submission to the Royal Commission sharing the voices and key asks of 11 rangatahi who experienced abuse while in state care after 1999, highlighting that abuse in care has continued beyond the scope of the Royal Commission which was limited to 1950-1999 (read Korowai Aroha | Position Statement and Key Asks)
- Royal Commission: Disability voices reflect on the Abuse in Care Inquiry final report from the D-List
- Paora Moyle, interviewed by Waatea news (listen to the full interview)
- Aaron Smale's Newsroom articles Finally heard, seen – and believed and The Crown is in the dock, the verdict is in (RNZ interviewed Aaron Smale)
- Eugene Ryder, Ihorangi Reweti-Peters and Paora Moyle, interviewed by The Hui, shared by Stuff
- Ken Clearwater, interviewed by Newstalk ZB
- Moeapulu Frances Tagaloa and Thomas Tarurongo Wynne, interviewed by 531pi (also see the related PMN article)
- Mana Mokopuna – Children and Young People's Commission
- Te Kāhui Tika Tangata | Human Rights Commission
- Youth Focused Organisations Highlight Policy Shift Needed To Avoid Repeating The Abuse Outlined In Recent Reports, media release from Ara Taiohi
- Te Toihau Hauora, Hauātanga | Health & Disability Commissioner
- Te Hiringa Mahara | Mental Health and Wellbeing Commission.
Related news: Recent reports highlight current issues in care
Recent media and reports continue to raise concerns that abuse in care has not stopped, and that the culture and systems that enable this abuse have not changed.
Aroturuki Tamariki, the Independent Children’s Monitor, published report in 2024 on the implementation of the recommendations of Dame Karen Poutasi following the death of Malachi Subecz. Aroturuki Tamariki found that children are no safer in 2024, than when Malachi died. See our library for agency responses and to read the report, Towards a stronger safety net to prevent abuse of children: A review of the implementation of the recommendations of Dame Karen Poutasi following the death of Malachi Subecz (2024). See responses to the report from the Chief Children's Commissioner and VOYCE - Whakarongo Mai.
Te Toihau Hauora, Hauātanga | Health & Disability Commissioner (HDC) released a report on five years of complaints made to the HDC about residential disability support services. In response to the report, Te Kāhui Tika Tangata Human Rights Commission’s Disability Rights Commissioner, Prudence Walker said "...the findings of this report are a timely reminder that we cannot view systemic abuse of institutionalised people as only historic." Also see the Whaikaha Ministry of Disabled People response.
Following monitoring visits, Mana Mokopuna – Children and Young People's Commission published reports raising serious concerns about 2 youth justice residences: Korowai Manaaki monitoring report (2024) and Whakatakapokai monitoring report. See related media below for more information.
See more information in the related media below, such as Kerri Cleaver's article on seeking redress, ‘The phone call was an interrogation, with an underlying current that I was fraudulent’ and the NZ Herald article Young women who say they were abused in Oranga Tamariki care call for agency to be stripped of its responsibilities.
Related news
Despite concerns raised by survivors, advocates and organisations, the Government has launched the Military Style Academy Pilot at Te Au rere a te Tonga Youth Justice residence in Palmerston North. Find more information on military-style academies from Oranga Tamariki. The Chief Children's Commissioner has said military-style academies and the establishment of a Young Serious Offender category for children are not the answer to reducing youth crime.
Minister Karen Chhour announced that the Oranga Tamariki Ministerial Advisory Board has been re-established. Waatea News interviewed the Board Chair, Tā Mark Solomon.
Related media
Kitteridge oversees Crown bosses responding to abuse inquiry, Newsroom, 09.09.2024
Assaults still prevalent at youth prisons, Waatea News, 03.09.2024
Oranga Tamariki warned govt over youth crime measures, RNZ, 03.09.2024
'Evidence of regular assaults' at youth justice facilities, staff fail to intervene, RNZ, 02.09.2024
Church institutions still not accountable for abuse — campaigners, One News, 08.08.2024
Senior public servants on notice over abuse in care failings, Newsroom, 05.08.2024
Not enough safety nets to protect children from harm - Children's Commissioner, RNZ, 02.08.2024
Arran Jones | Aroturuki Tamariki Chief Executive, Waatea News, 02.08.2024
Exhibition gives voice to survivors of abuse in care, The Post, 02.08.2024
Malachi Subecz was murdered in 2021 – report finds NZ children 'no safer now', One News, 01.08.2024
There are still vulnerable abused in state institutions, The Press, 30.07.2024
Govt could take a bootcamp off-ramp, Newsroom, 29.07.2024
John Campbell asks Nikki Hurst: How safe are NZ kids in state care now?, One news, 28.07.2024
Royal Commission into Abuse in Care raises tough questions for current Govern
Law Commission calls for submissions on Ia Tangata review
Te Aka Matua o te Ture Law Commission is consulting on their Issues Paper Ia Tangata – A review of the protections in the Human Rights Act 1993 for people who are transgender, people who are non-binary and people who have an innate variation of sex characteristics (NZLC IP53, 2024).
Submissions are due by 5 September 2024.
The Human Rights Act currently does not explicitly prohibit discrimination on the grounds of being transgender, non-binary or having an innate variation of sex characteristics. The Law Commission's Ia Tangata review is looking at whether the Human Rights Act is currently adequate or could be improved for protecting people who are transgender, non-binary or who have innate variation of sex characteristics.
As part of the review, the Law Commission has published an Issues Paper. The paper has background about the review, possible options for reform and questions to give feedback on.
There are 80 questions, but you do not need to answer all questions.
If you are unsure where your comment fits, the final question (question 80, at the end of the Chapters 16-18 section) asks: "Are there any other issues relevant to this review or options for reform that we have not identified or anything else you would like to tell us?"
The other questions each relate to a specific chapter of the Issues Paper, which you are encouraged to read before answering. Some questions are broad, for example, asking for feedback on a chapter or issue. And some questions are detailed, specific and technical.
Chapters 1 to 7 gives an overview of the concepts and issues. This includes discrimination experienced by people who are transgender, non-binary or who have innate variation of sex characteristics, and considerations, context and options and issues for reform.
Chapters 8-15 focus on Part 2 of the Human Rights Act—the ‘areas of life’ that are covered by the Act and their exceptions. Most of the consultation questions relate to these chapters.
Chapter 16 discusses the Bill of Rights Act.
Chapter 17 discusses three ‘cross-cutting’ issues and their implications:
- impacts on the ability of Māori to live in accordance with tikanga
- misgendering and deadnaming, and
- examples of binary language in the Human Rights Act.
Chapter 18 discusses:
- The membership, powers and functions of Te Kāhui Tika Tangata | Human Rights Commission (Part 1 of the Human Rights Act), and
- Resolution of disputes (Parts 3 and 4 of the Human Rights Act.
Submissions can be submitted through an online form. You can find more information and sign up for email updates about the Ia Tangata review on the Law Commission website. For questions contact the Law Commission on sgd@lawcom.govt.nz.
Background
Following initiatives and public consultations across multiple agencies, Te Aka Matua o te Ture Law Commission was directed to review legislative protections and responses to incitement of hatred and discrimination. The Ia Tangata review is the first part of that mahi. For more information about this history see our previous news story on legislation related to hate crime and new work for Law Commission.
Resources and information to support submissions
Rainbow Support Collective have posted a brief guide to support submissions.
Below we highlight Aotearoa reports, research and resources that might help when writing a submission:
Background and history on human rights protections in Aotearoa for transgender and non-binary people:
- Trans rights are human rights: a guide to your rights and protections as a transgender person (2024) from Te Kāhui Tika Tangata Human Rights Commission
- Ia tangata: Law Commission reviews the Human Rights Act blog post (2023) from Gender Minorities Aotearoa
- Prism: Human rights issues relating to sexual orientation, gender identity and expression, and sex characteristics (SOGIESC) in Aotearoa New Zealand - A report with recommendations (2020) from Te Kāhui Tika Tangata Human Rights Commission
- Discrimination and Trans People: The Abandoned Proposal to Amend the Human Rights Act 1993 (2007) by Elisabeth McDonald
- Adding gender to the Human Rights Act – what’s the big deal? (2024) article by Paul Thistoll, CEO of Countering Hate Speech Aotearoa, published in The Spinoff
- Interview with Paul Thistoll and Prudence Walker on Expanding Hate Speech Laws to Protect the LGBTQ+ community (2024) with b95FM.
Research about transgender and non-binary people's experiences:
- Counting Ourselves: the health and wellbeing of trans and non-binary people in Aotearoa New Zealand (2019) - the first comprehensive national survey on transgender health and wellbeing in Aotearoa
- “It’s how the world around you treats you for being trans”: Mental health and wellbeing of transgender people in Aotearoa New Zealand (2021) article from the Countering Ourselves research team.
Research about transgender and non-binary people's experiences related to violence and hate crimes:
- ARC transgender community report: seeking help for sexual or family violence (2022) by Anti-Violence Resource Centre
- Make it about us: Victim-survivors’ recommendations for building a safer police response to intimate partner violence, family violence and sexual violence in Aotearoa New Zealand (2024) by The Backbone Collective and Hohou Te Rongo Kahukura
- Transforming women-only spaces: law, policies and realities of trans inclusion in women-only safe houses in Aotearoa New Zealand (2022) by Phoebe Moir in Issue 6 of the New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine (see pages 43 - 69, also see Phoebe Moir's full thesis published 2021 on this topic)
- ARC Readiness Assessment: transgender and intersex competency in violence prevention services (2022) by Anti-Violence Resource Centre
- Transgressive transmissions: transphobia, community building, bridging, and bonding within Aotearoa New Zealand’s disinformation ecologies (2023) from The Disinformation Project.
For more information on the global anti-feminist and anti-LGBTQI+ trend see the following:
- Facing the backlash: what is fuelling anti-feminist and anti-democratic forces? (2023) from ALIGN, a digital platform and programme of work focused on creating a global community of researchers, practitioners and thought leaders, all committed to gender justice and equality.
- The International Anti-Gender Movement: Understanding the Rise of Anti-Gender Discourses in the Context of Development, Human Rights and Social Protection (2023) prepared for the United Nations Research Institute for Social Development.
Related news
The second phase of the Law Commission's work to review protections and legal responses related to incitement of hatred and discrimination will look at legal responses to hate crime. According to the Law Commission's Hate Crime project overview:
"The review will focus on whether the law should be changed to create standalone hate crime offences as recommended in recommendation 39 of the Report of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019.
This project will not consider the law relating to hate speech. A review of hate speech was on the Law Commission’s work programme but has been withdrawn by the Minister Responsible for the Law Commission."
The Law Commission is currently undertaking preliminary research for this project and will publish Terms of Reference once confirmed.
In August 2024, Judith Collins, Minister for the Government’s Response to the Royal Commission’s Report into the Terrorist Attack on the Christchurch Mosques, announced that the Government has concluded the coordinated cross-government response. Of the Royal Commission report recommendations, 36 have been implemented and 8 will not be progressing. Find information on the progress and decisions for all 44 recommendations in the Department of the Prime Minister and Cabinet | Te Tari o Te Pirimia Me Te Komiti Matua summary March 15 Royal Commission of Inquiry Recommendations Implementation Status.
Related media
Why women need to stand up for trans rights, The Post, 19.06.2024
Violent transphobic rhetoric on rise online - report, RNZ, 05.05.2023
Sport Integrity Commission launched
Sport Integrity Commission Te Kahu Raunui is a newly established independent Crown entity. It is tasked with promoting and protecting the safety and well-being of participants and the fairness of competition in the sport and recreation sector. This includes protecting participants from abuse and harm.
The Commission works with organisations at all levels, including national and regional organisations, Māori sport organisations, and local clubs. The Commission also sets standards to make sure there is guidance on making sport and recreation safer. Some of these standards are set out in the Code of Integrity for Sport and Recreation (also known as the Integrity Code).
The Commission has information and resources on their website for child safeguarding – actions that everyone can take to protect children and young people from abuse and harm. This includes protecting them from emotional, physical and sexual abuse, and neglect. Information on the website addresses:
- safe rides and carpooling for children and young people
- checking and training people working with children
- taking and sharing images
- identifying and preventing grooming
- planning safer trips away and safeguarding while travelling.
There are policy templates addressing these areas as well.
The Commission also has information and resources on their website for participant protection - this involves safeguarding participants against any form of abuse, harassment or discrimination. There is information addressing sexual misconduct, harmful behaviour, racism and unlawful discrimination, and retaliation and victimisation.
The Commission provides a free dispute resolution service for complaints about integrity in sport and recreation, including complaints about bullying, sexual misconduct and racism. The service is for everyone in sport and recreation. This includes people playing or volunteering at local clubs and people working or competing at regional, national and international levels. Children and young people as well as adults can use this service. The Commission also provides support and guidance to sport and recreation organisations to handle complaints appropriately.
More information
The Commission was created in response to Aotearoa and international independent reviews that had previously identified bullying, abuse, and other harmful behaviour in sport. The government set up the Sport Integrity Working Group to look at how to best manage integrity and safety in Aotearoa sport and recreation. Based on the Working Group recommendations, the government passed the Integrity Sport and Recreation Act 2023. The Act established the Commission and its responsibilities. See the Commission website for more information. See our related news below for more information about the work to address harm and safety in sport.
Researchers from Canada published the article A Rapid Review on Complaint Mechanisms for Interpersonal Violence: Integrating Research-Based Recommendations from Multiple Sectors to Inform Sport Settings (2024). The authors reviewed published literature about complaint mechanisms for interpersonal violence in a variety of settings. Interpersonal violence included various forms of abuse, neglect, bullying, harassment and other forms of harm for both children and adults. Based on the review, the authors outline 18 recommendations to improve complaint mechanisms for interpersonal violence related to: organisational accountability, awareness and accessibility, adapted process and ongoing evaluation.
For additional research and information see the related news stories below and search our library under sport and family and sexual violence including prevention.
Related media
New body for a fresh start in sport, RNZ, 11.07.2024
Marlborough coach pleads guilty to sexual offending against several girls, RNZ, 18.12.2023
Marlborough sports coach faces 35 sex abuse charges as more added, Stuff, 05.12.2023
Ten more young women complained about guilty sportsman, The Post, 07.08.2023
Sportsman discharged without conviction for sexual offence, Otago Daily Times, 03.08.2023
Olympic gold medallist Alan Thompson loses battle over 'sexualised remarks', Stuff, 31.07.2023
NZ lagging in protections for female athletes, RNZ, 19.07.2023
Sports integrity officials start work on new rulebook for sport, Stuff, 17.07.2023
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