On Friday 16 August 2024, the Waitangi Tribunal released Ngā Mātāpono – The Principles: 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 in pre-publication format.
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.
With respect to the Treaty Principles Bill policy, the Tribunal found that the Crown had breached the Treaty principles of partnership and reciprocity, active protection, good government, equity, redress, and the article 2 guarantee of rangatiratanga. The Crown failed to engage with Māori, and the Bill:
- lacked a policy imperative justifying its development;
- was based on flawed policy rationales;
- was ‘novel’ in its Treaty interpretations;
- was fashioned on a disingenuous historical narrative; and
- distorted the text of te Tiriti o Waitangi.
