New Zealand is witnessing a major protest by the indigenous Maori people with thousands marching towards the national capital Wellington over a controversial bill redefining the Treaty of Waitangi. The country’s political theatre caught global attention when on the 14th of November, New Zealand’s youngest Member of Parliament Hana -Rawhiti Maipi-Clarke tore up a copy of the bill and performed a traditional Maori (Māori) haka dance joined by some others in the parliament as a mark of protest against the bill titled Principles of the Treaty of Waitangi Bill.
While the political drama led to a temporary suspension of the proceedings of the House, a video of the same went viral on social media.
New Zealand’s Parliament was temporarily suspended after Māori lawmakers performed a haka, a traditional dance, demonstrating their community’s anger and fear over a bill that aims to reinterpret the country’s founding treaty with its Indigenous people. https://t.co/nu55lS7Y8M pic.twitter.com/xLNIkMQagk
— The New York Times (@nytimes) November 15, 2024
The 1840 Treaty of Waitangi and incessant clashes over the quest for ‘equality’ for all New Zealanders versus the preservation of Maori ‘rights’
The Treaty Principles Bill has been brought forth by the ACT New Zealand, a junior partner in the governing centre-right coalition government, to revise the provisions of the Treaty of Waitangi (Te Tiriti o Waitangi). The Treaty of Waitangi is an 1840 agreement between nearly 500 Māori chiefs and the British crown. This treaty is of immense significance to Maori rights and governance in New Zealand, stressing mutual cooperation and the principles of protection.
The Treaty was a political agreement between the British and Māori to establish a nation and government in New Zealand. It outlines fundamental principles and contains three articles. In the English version, Maori relinquish sovereignty over New Zealand to Britain and provide the Crown the exclusive right to buy their lands, forests, fisheries, and other possessions in exchange for full ownership rights. They are also granted the rights and privileges of British subjects. Although the Maori version of the Treaty is believed to reflect the same meaning as the English version, there are significant variances such as the term ‘sovereignty’ being rendered as ‘kawanatanga’ or governance.
Some Maori believed they were relinquishing control over their lands while preserving the authority to run their own affairs. The English version guaranteed ‘undisturbed possession’ of all their ‘properties’, whilst the Maori version guaranteed ‘tino rangatiratanga’ or complete authority over ‘taonga’ (treasures, which could be intangible). A New Zealand History article suggests that Maori and Crown negotiators had different understandings of the Treaty and thus making it a perennial issue of debate and contention. On various occasions, the Maori people have protested demanding the government to “honour” the treaty.
While the ACT party advocates extending Indigenous Maori citizens’ treaty rights to all New Zealanders, regardless of ethnicity, the protesting Maori leaders and people who are taking out a nine-day march or Hikoi, argue that the alleged lack of consultation with Maori groups before tabling this bill violates the treaty’s key commitments. Meanwhile, the Waitangi Tribunal has also slammed the Treaty Principles Bill for allegedly undermining the partnership principle adding that it compromises their rights to self-governance and protection under the Treaty of Waitangi. Notably, the Bill was introduced 7th of November and on the 14th of November 2024, the bill passed its first reading in the parliament with 68 votes in favour, 54 against and one uncounted since Maori MP Hana was suspended.
“Regarding the Crown’s policy development for the Bill, the Tribunal found 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 Waitangi Tribunal said earlier.
Maori groups take out “Hikoi” against Treaty Principles Bill
Notably, approximately 10,000 protesters marched through Rotorua, New Zealand, voicing their opposition to the Treaty Principles Bill. As they made their way south towards the capital, Wellington, they were greeted by hundreds of supporters waving the Maori flag. The Hikoi (march in Maori language) is likely to reach Wellington on Tuesday, with participants staging rallies on their passage through towns and cities across the country. The Maori community, who make up 20% of New Zealand’s 5.3 million population, are opposed to the bill introduced by the ACT New Zealand Party, which they feel will lead to racial tensions and diminish Indigenous rights.
What the Treaty Principles Bill 2024 and its supporters say
The Treaty Principles Bill 2024 proposes extending the treaty to all New Zealanders through a referendum, but Maori leaders and activists argue that this will not only undermine Māori rights, but also promote anti-Māori discourse. The Bill is also unlikely to pass since ACT’s coalition partners, Prime Minister Christopher Luxon’s New Zealand National Party and the New Zealand First Party, have stated that they will oppose it in further readings despite their support in the first reading.
The Treaty of Waitangi remained in effect for 135 years until 1975, when the Labour government passed the Treaty of Waitangi Act. This Act indicated that the Treaty has principles, and it was the Waitangi Tribunal’s job to interpret them. The ACT argues that since the passage of the Waitangi Act 1975, the Tribunal, courts, and public service have over time expanded on the principles, however, the non-Maori New Zealanders have not been consulted on these principles.
“The Treaty Principles Bill will not change the Treaty itself. That was set in 1840 and will remain forever. What we are seeking to do is continue the process of defining the Treaty principles, for the first time incorporating the voices of all people through a democratic Parliamentary process, instead of through the Tribunal or the courts,” ACT said.
Just as the 1840 Treaty of Waitangi has three articles, the 2024 Treaty Principles Bill has three principles—Civil Government, Rights of Hapū and Iwi Māori and Right to Equality. “Civil government—the Government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society. Rights of hapū and iwi Māori—the Crown recognises the rights that hapū and iwi had when they signed the Treaty/te Tiriti. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in Treaty settlements. Right to equality—everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination,” the Bill reads.
Taking to X, ACT Party leader David Seymour who introduced the bill said that the Treaty of Waitangi promised “equality” and not “partnership”. He added that in the last elections, the people of New Zealand voted for stopping “divisive” policies like Three Waters, the Māori Health Authority, race-based waitlists, among others, with many of such policies being rolled back. However, Seymour raised concern that such policies favouring the Maori community could be brought back in the future if the 1840 Treaty’s principles were not clarified.
“At the last election, Kiwis voted to stop divisive policies like co-governance, Three Waters, the Māori Health authority, race-based waitlists, and two different chief executives at every government department. We’re now winding these policies back, but all of this could be back with the stroke of a pen unless we clarify in law that the Treaty promised equality, not a partnership. Without clarified Treaty principles that write equal rights into law, Labour can – and will – use the idea that the Treaty is a partnership to advance divisive policies that make it harder for us to solve our shared problems in housing, education, health, and the cost of living,” Seymour said.
At the last election, Kiwis voted to stop divisive policies like co-governance, Three Waters, the Māori Health authority, race-based waitlists, and two different chief executives at every government department.
— David Seymour (@dbseymour) November 18, 2024
We’re now winding these policies back, but all of this could be back…
Several New Zealanders on X pointed out that the police were partaking in the Maori protest march and painting posters and banners.
Wtf!
— Suit and tie (@Suitandtie9999) November 18, 2024
With gang members attending the Hikoi at parliament tomorrow, what message does this send?
How can the public have any confidence that the Police are impartial when they are painting banners for the protest?
Disgraceful.@MarkMitchellMP @actparty pic.twitter.com/61bvgTs8tx
In another shocking incident, one of the Maori protestors snatched away the flag of New Zealand from a counter-protestor’s hand and tore it up.
These racial separatists are now confronting people who wave the New Zealand flag in public.
— Kiwi BOSS (@KiwiLivesMatter) November 18, 2024
Unfortunately the @nzpolice did not intervene.#ToitūTeTiriti #maori #hikoi pic.twitter.com/4sOD2vLVFI
The Maori people and their popular Haka
The Māori tribes had settled in Polynesia and New Zealand after arriving in enormous canoes on the seas. Their culture exemplifies a strong connection to the earth and ancestral spirits. Te Reo Maori, the Māori language, remains central to the Maori identity and is widely spoken by the community. The Māori people have a deep spiritual connection to nature and the land and they refer to themselves as ‘kaitiaki’ or the guardians of the natural resources. Moreover, they believe in the notion of ‘whakapapa’, which states that everything in the world is interconnected and has a genealogical connection.
The haka is integral to Māori identity and is typically performed by warriors on the battlefield or to welcome new tribes. The “Haka” demonstrated athletic prowess while also representing cultural pride, strength, and unity. Apart from warfare, the haka was also used for storytelling, expressing communal grievances, celebrating victories, and honouring ancestors. The waiata (chants), transmit profound lessons about Maori culture, values, and connection to the land. Notably, the Haka is not one dance, but rather a type of performance. The Maori people perform various forms of Haka, including the popular Ka Mate, Haka pōwhiri, Haka taparahi, and Peruperu for varied purposes.
While whether the Treaty Principles Bill 2024 gets passed and implemented or not remains to be seen, it has sparked a serious debate in the country with Maori people contending that their fight is to defend their culture from extinction on the other, the non-Maori New Zealanders feel that the Maori get several privileges and demand equality.
