Some reflections on Te Tiriti and David's kōrero / A.J. Hendry

Today David Seymour outlined his argument for his Treaty Amendment Bill. Here's some initial reflections...

I've been reflecting on the kōrero from David Seymourand the Act today. On reflection, it seems to me that Act are - unhelpfully - importing an element of American style, culture wars, into this debate.

David spoke a lot about the dangers of dividing into different groups, about the disenfrancising of pākehā and tauiwi, about becoming a nation built on racial identity, in tones that seemed to draw strongly from the American style, culture wars debate taking place in the states.

I don't believe this is a helpful, nor accurate framing of this conversation.

David and Act continue to claim that their chief concern is that in a liberal democracy, we see each other as individuals, worthy of respect, and equal in value and worth. They believe that the way Te Tiriti is currently interpreted undermines these values, providing māori with certain privileges, while relegating Pākehā and other tauiwi to second rate citizen's. I have a couple of initial reflections:

1. Act do not appear to have an understanding that this equality they envision has been, and is, a fiction. Despite the Treaty, Māori have always been treated as second class citizens in Aoteaora.

Look at any stat indicating disadvantage or inequality in this country and we see māori continue to feature disproportionately to any other group of people.

Yes, we all have value, worth, and individual dignity, yet it has been the result of breaching the treaty that these values have been threatened and undermined, not due to honouring Te Tiriti through the lens David and Act seem most concerned about.

2. David is concerned that recognizing Te Tiriti as a partnership, risks setting up two classes of people, each with different rights and responsibilities. Well, it does, kind of. Yes, Te Tiriti is a partnership between the Crown and Tangata Whenua.

Yes, that does involve two peoples, each with rights and responsibility's.

But, fear of such a partnership is unfounded. Our society is already filled with examples where different groups of people have different rights and different responsibilities. I am a father, husband, friend, Youth Worker, mentor, contractor, employer, renter, I have various roles in society, each confering on me different sets of rights and responsibilities.

My worth, value, and dignity is not undermined by this reality. Nor is democracy threatened. In fact, in a thriving democracy, we have diverse groups of people, who hold unique and different positions within society. Perhaps these aren't all great examples.

Perhaps a better example is that of a contract. When two people sign a contract, they commit themselves to upholding certain obligations, taking on certain responsibilities, and, as a result, enjoy certain rights.

Rewriting that contract, without the contract partners' consent and involvement - as Act are proposing to rework Te Tiriti - is to break the contract.

And this is where we come up against it. Te Tiriti is quite literally a contract between the Crown and Tangata whenua. The Crown has no legal right to rewrite it at it's own pleasure.

Now, David may not believe that Te Tiriti should have any place at all in a modern, liberal, democracy, but that is a different conversation.

3. David seems to believe that he has a democratic mandate to push forward this bill and define this debate. Yet, Act won only 8.6% of the vote. They are the only party supporting the Treaty Principles Bill, in fact each party, aside from Act, have clearly stated they oppose it.

Putting that in perspective, 91.4% of voters did not vote for Act, nor this bill.

8.6% is hardly strong enough support to claim a democratic mandate to mess with - what is essentially - our constitutional document.

We totally need a debate about Te Tiriti. The Treaty has never been honoured, and as a result we've built a nation that, baked into it's very being, is in breach of the Crowns responsibility's.

So yes to debate. Let's hash out the important questions, such as what does it actually mean to honour Te Tiriti, moving past principles, how do we truly build a Te Tiriti centric Aotearoa, and what does that look like? Now i think thats a national debate thats well over due...

#LoveIsTheWay

A.J. Hendry is a Laidlaw College graduate, and a Youth Development Worker and rangatahi advocate, working in the Youth Housing and Homelessness space. He leads Kick Back, a service supporting rangatahi experiencing homelessness and is also an advocate working collectively to end youth homelessness in Aotearoa. He is also the curator and creator of When Lambs Are Silent.