WELLINGTON, New Zealand — Proposed legislation to redefine New Zealand’s founding agreement between British Crown officials and Māori chiefs has sparked political upheaval and thousands of people across the country marching to Parliament in protest.
The bill is not expected to become law. But it has become a landmark in race relations and a key moment in the tangled 180-year debate over how New Zealand should honor its promises to Aboriginal people during the country’s colonial rule — and what those promises are.
Tens of thousands are expected to throng the capital, Wellington, for the final leg of the week-long march on Tuesday. It follows the Māori tradition of hīkoi, or walking, to bring attention to the violation of the 1840 Treaty of Waitangi.
Why is a 180-year-old treaty being discussed?
Considered the founding document of New Zealand, this treaty was signed between representatives of the British Empire and 500 Māori chiefs during colonization. It set out the principles governing the relationship between the Crown and Māori, in two versions — one in English and one in Māori.
It promised Māori the rights and privileges of British citizens, but the English and Māori versions differed on what powers they gave to the kings over their affairs, lands and independence.
Over the past decades, the Crown has violated both these versions. By the middle of the 20th century, the Māori language and culture had declined -– indigenous people were often banned from using it — tribal land was being confiscated and Māori were disadvantaged by many metrics.
How are treaty rights renewed?
Fueled by the violence of the Māori protest movement, over the past 50 years New Zealand’s courts, lawmakers and the Waitangi Tribunal — a permanent body set up to adjudicate treaty issues — have examined differences in treaty versions and tried to correct violations. by building an interpretation of the terms of the agreement in their decisions.
Those principles are intended to be flexible but are often defined as relationships with the Crown, protecting Māori interests and participation in decision-making.
Although Māori remain disenfranchised in many ways, the interweaving of treaty recognition through law and redress efforts has changed the fabric of society since then. The Māori language has undergone a revival, and everyday words are now common -– even among non-Māori. Policies have been developed to address the tensions that Māori often face.
Billions of dollars in settlements between the Crown and tribes over treaty violations, particularly the expropriation of Māori land and natural resources.
Why is there a new debate?
Some New Zealanders, however, are not happy about the fix. They have championed the rule of law in David Seymour, leader of a small libertarian political party that won less than 9% of the vote in last year’s election — but has gained more power over its agenda as part of a governing deal.
Seymour’s proposed legislation would set out specific definitions of the terms of the treaty, and would apply them to all New Zealanders, not just Māori. He says the narrow construction of the treaty definition left a gap and gave Māori special treatment.
His bill is fiercely opposed – with prime ministers from the left and right, the country’s top 40 lawyers, and thousands of Māori and non-Māori New Zealanders traveling the country in protest.
Seymour’s bill is not expected to pass its final reading. It canceled the first vote on Thursday because of a political compromise, but most of those who approved are not expected to do so again.
Critics say the bill risks constitutional disruption and will remove treaty rights that have been enshrined in law. Critics also accused Seymour -– who is Māori -– of inciting anger among indigenous people.
Why are the protesters marching?
Peaceful walkout protests are a Māori tradition and have occurred in the past at key moments during the national debate on treaty rights.
Police in a country of 5 million people say they expect 30,000 people to march in Wellington towards Parliament on Tuesday. Crowds of up to 10,000 people joined the march in the towns towards Wellington.
Many marched against Seymour’s bill. But others objected to a range of policies from central government on Māori affairs –– including a directive, promoted by Seymour, that government agencies should no longer direct policies to directly address Māori inequality.
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