Video 1 in a mini-series explaining Treaty Principles, what they are and why they were developed. For other videos in this series, go to my YouTube page, https://youtube.com/HistoryisNow

READ: Prof. Janine Hayward’s article: Principles of the Treaty of Waitangi – ngā mātāpono o te Tiriti o Waitangi – Te Ara Encyclopedia of New Zealand

READ: The Treaty of Waitangi Act 1975: Treaty of Waitangi Act 1975 No 114 (as at 05 June 2024), Public Act – New Zealand Legislation

READ the notes to this video below:

Prof. Janine Hayward (Law Faculty, University of Otago) provides a great summary of treaty principles, including how they came about in the first place. Some key points:

• The phrase “the principles of the Treaty of Waitangi” was first included in legislation in 1975: the Treaty of Waitangi Act 1975, which established the Waitangi Tribunal, gave the Tribunal the jurisdiction (legal authority) to determine whether Crown acts or omissions, policies or practices, were “inconsistent with the principles of the Treaty” (sec. 6). The Tribunal could then recommend to the Crown actions to compensate for or remove this prejudice to Māori. The 1975 legislation did not define what the principles were. In effect, the Tribunal was authorised to interpret or derive principles from the two language texts of the treaty – reo Māori and English (included in the Schedule to the Act).
• In order to apply the treaty in a context relevant to the Crown and Māori in the present day, the Waitangi Tribunal and the courts have considered the broad sentiments, intentions and goals of the treaty, and identified its principles on a case-by-case basis. Some of these principles have become very well established.
• In 1983 the Waitangi Tribunal said: “The spirit of the Treaty transcends the sum total of its component written words and puts literal or narrow interpretations out of place” (Report on the Motunui-Waitara claim).
• The “Lands Case” of 1987 was the first authoritative statement of treaty principles by the New Zealand courts. The Court of Appeal articulated principles that included the duty of Crown and Māori to act reasonably and in good faith, the Crown’s duty to actively protect Māori interests, and the Crown’s right to govern. The Court characterised the treaty as a “partnership”.
• Other legislation after 1975 included reference to “principles of the Treaty”, including the Environment Act 1986 and the Resource Management Act 1991. Again, this legislation did not try to define the principles.
• The Waitangi Tribunal developed statements of treaty principles, including in the Ngai Tahu report of 1991: “The cession by Maori of sovereignty to the Crown was in exchange for the protection by the Crown of Māori rangatiratanga”.
• New Zealand governments also developed statements of principles, including the fourth Labour government of 1989:
  
  • The government has the right to govern and make laws.
  • Iwi have the right to organise as iwi, and, under the law, to control their resources as their own.
  • All New Zealanders are equal before the law.
  • Both the government and iwi are obliged to accord each other reasonable cooperation on major issues of common concern.
  • The government is responsible for providing effective processes for the resolution of grievances in the expectation that reconciliation can occur.