EXPLAINER: Why Thousands of Māoris Are Protesting New Laws Targeting Race Relations in the NZ

The Maori King Tūheitia Paki (L) and Makau Ariki (R) during the Powhiri welcome for both the Moana Pasifika and the Maori All Blacks at Turangawaewae Marae in Hamilton, New Zealand, on Dec. 3, 2020. Phil Walter/Getty Images

Although New Zealand’s Māori population is usually seen as homogenous, they are not. Many tribes are not part of the Kīngitanga movement (Māori King movement), and don’t see King Tuheitia as their leader.

So when the king called a hui (meeting) at Tūrangawaewae to discuss the government’s proposed Treaty Principles Bill, it was initially expected that perhaps 3,000 people would attend.

Yet Māori people came from all over New Zealand—from all the major iwi (tribes)—intent on setting aside any differences and uniting to oppose the legislation when it is introduced. Estimates put the eventual number at 10,000.

The Bill is part of the Coalition deal struck between the National and ACT parties, promoted by the latter.

ACT Leader David Seymour said in December that the Treaty of Waitangi—the agreement between 540 Māori chiefs and the Crown, drafted and signed in 1840—“divides us rather than unites us as a people, as most treaties are supposed to do.”

The National Party agreed to support it through its first reading, which means it will get introduced to Parliament and referred to a Select Committee. However, the coalition agreement does not commit National to any further support.

Private Meeting

Prime Minister Chris Luxon did not travel to Tūrangawaewae, but met King Tuheitia on Jan. 15. Both sides have revealed little about the detail of what was discussed.

Māori Development Minister Tama Potaka, who attended, called the hui (meeting) positive and constructive, and appeared to confirm that the National party would not support ACT’s Bill.

“We’ve been very clear to the motu (country) during our campaign and ... coalition agreement to encourage discussions about the Treaty of Waitangi. However, we’re also very clear that we will not support an unhelpful referendum on Treaty principles that will be divisive,” he said.

“My absolute focus is to acknowledge the Treaty as the foundational document at the start of this country ... past, present and future, it is fundamental to our nation.”

Court Action

One of the first actions of the new government was to instruct government agencies—other than those dealing solely with Māori—to scrap their Māori names and return to their English designations. For instance, Waka Kotahi reverted to calling itself the NZ Transport Agency.

That has led to strong opposition from Māori and has led one iwi (tribe), Waikato-Tainui, to lodge proceedings in the High Court, claiming the instruction breached the iwi’s Treaty settlement.

Te Pāti Māori (The Māori Party) has said the move showed “all the traits of typical white supremacists,” and accused the National Party of losing control of its coalition partners, ACT and NZ First.

“The reality is we have an anti-Māori government with coalition partners that are using every power so that not only they know what’s better for us, they know how to design Te Tiriti better for us,” Maori Party co-leader Debbie Ngarewa-Packer said.

The next date on the Māori calendar is only days away, on Jan. 25, and is traditionally an event at which Indigenous leaders and politicians meet—the annual gathering of the Rātana Church.

Waitangi Day, held on June 6, is another event at which—even without the current divisive atmosphere—tensions have often run high. Former Prime Minister Helen Clark was reduced to tears in 1998 after being told to “sit down and shut up,” and former Prime Minister John Key was assaulted by two men as he embraced his Maori affairs minister in 2009.

Mr. Luxon’s office confirmed he would attend both events. So has King Tuheitia, who is traditionally not a guest at Rātana Pā, signalling Māori are determined to maintain a unified front to the government.

What is the Treaty Principles Bill?

The Labour government of 1989 set out “Principles for Crown Action on the Treaty of Waitangi” to help guide the government’s actions on matters relating to the Treaty.

The five principles include acknowledgements that the government has the right to govern and make laws and that iwi have the right to organise as iwi and control the resources they own. This binds the government and iwi to cooperate on major issues.

The ACT Party wants to replace that guide with legislation that enshrines three principles: That all citizens of New Zealand have the same political rights and duties; that all political authority comes from the people by democratic means; and that New Zealand is a multi-ethnic liberal democracy where discrimination based on ethnicity is illegal.

If adopted, the principles would effectively prevent the government from, say, introducing targeted programmes to address Māori health outcomes, which lag behind other ethnicities.

Although ACT leader Mr. Seymour said prior to the election that a referendum on the principles of the Treaty was a “bottom line” for his party, and the bill would include a requirement for a public binding referendum as part of a commencement clause, it seems likely that, without the support of the National Party for passage of the Bill, such a referendum won’t occur.

However, because the Bill will be supported through its first reading and be referred to a Select Committee, and it’s likely public submissions will be sought, the matter will be widely debated both through formal and informal channels, which some see as potentially inflaming racial tensions.