RMLA submission on The Principles of the Treaty of Waitangi Bill 2024

RMLA’s main objective in making submissions on Government proposals is to ensure that a coherent and workable body of resource management and environmental law and practice is developed in New Zealand. In this submission, RMLA records that:

a. RMLA has significant concerns regarding the Bill’s definition of Treaty principles. Key concerns relate to a: Lack of consultation; destabilising effects; and a reductionist interpretation.

b. The Bill’s approach to hapū and iwi rights undermines the guarantees of tino rangatiratanga under Te Tiriti o Waitangi.

c. RMLA does not agree with the suggestion that hapū and iwi rights are limited to those recognised in Treaty settlements or agreements with the Crown. Specific issues relate to: Narrowing rights; Equity concerns; and Disregard for Article 2.

d. RMLA is concerned about the Bill’s emphasis on “equality before the law” at the expense of equity or active protection for Māori. Specific issues relate to: Active protection; Historical context; and Equity considerations.

e. RMLA observes that Clause 7, which requires courts and tribunals to interpret legislation in accordance with the Bill’s principles, raises specific concerns including: conflicts with existing obligations; and legal uncertainty;

f. RMLA is concerned by the Bill’s unprecedented requirement for a public referendum before it can come into force. Subjecting Treaty principles to a public vote disregards the spirit of partnership and mutual respect.