E oho! The principles of the Treaty flow from its words - notes from webinar

 Notes taken from a webinar hosted by National Library -

Dr Carwyn Jones examines the concept of ‘the principles of the Treaty of Waitangi’ – what they are, and how they operate within our legal and constitutional system in Aotearoa New Zealand. He presents "the principles of the Treaty Flow from its words'.

The presentation began with housekeeping/safety briefing in English, followed by in Māori.

Karakia and Māori welcome opened the presentation followed by an introduction to the work of Dr. Jones.

Began with a discussion on the title. The principles of the treaty, may not be the same as the words that are written in the treaty. Many things contributed to how the treaty came about and its contents.

Covered the concept 'principles of the treaty' - which has a relatively settled and certain application in law and policy (i.e. the Waitangi Tribunal). Te Tiriti has supported government to engage with some elements of Te Tiriti. However, this tends to reflect a fundamentally watered-down version of the rights guaranteed in Te Tiriti. 

Summarised how the contents of Te Tiriti are different from 'the principles of the treaty'. These are that Te Tiriti created by statute, interpretation and application determined by the Waitangi Tribunal and the courts in accordance with precedent. Waitangi Tribunal required to consider both the Te Tiriti and the English draft. Courts and Tribunal consider texts in light of the surrounding circumstances and this now appears in a wide range of statutes. 

We must remember that Te Tiriti is a negotiated agreement. Tino Rangatiratanga does not mean the the Crown has full authority, but is granted a shared role. This understanding is a key towards the concept of partnership rather than sovereignty. Ongoing Māori authority was not excluded. The Crown's view on this, constraints how Te Tiriti could inform ways forward. 

There are actually no 'principles' in Te Tiriti, however, interpretation of Te Tiriti, requires identification of 'principles' to allow it to work in the context in which it was drawn up. 'Principles' and the te reo text are not the same items. 

'Principles' were defined to enable courts to consider the historical context of the signing, the objectives of the Crown and the Māori signatories, the actual texts of the Māori and English versions, as well as the constitutional significance and the spirit of Te Tiriti. Principles introduced into legislation for a number of reasons as a way to reconcile the differences between the English and Māori texts of Te Tiriti.

The Māori version was taken around Aotearoa, discussed, debated and signed by over 500 Rangatira, hence likely providing it with its authority. 

Discussed some of the principles and their application - partnership, active protection, redress, mutual benefit, options and equity. Although these may be seen to only be used in legislation, these in turn affect the lives of all in Aotearoa. Provided various examples of how Te Tiriti informs and is sometimes misinterpreted when applied to real world circumstances. Application of theoretical 'principles' without really considering the larger context and impact on the people who are affected, is not a way to honour Te Tiriti. Example included the recent Haora (health) report and various pieces of legislation on recognising Te Reo Māori. 

Introduced the need to move beyond Treaty principles. Instead, focus on Tino Rangatiratanga (Māori sovereignty) and Kāwanatanga (government). What are these, what do they look like, what is the relations between them and how can we make these work now. This should be the focus, rather than the continual discussion of what is in each version and what they may mean. In particular, there should not be a hierarchy between the two, but a true partnership. How will this work?  

Q & A followed. 

A karakia closed the session.