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ANANISH CHAUDHURI: Debate around ACT’s Treaty Principles Bill essential for a multi-ethnic nation

I support the Treaty Principles Bill introduced by ACT. I believe the debate around this bill is fundamentally important if New Zealand is to remain a multi-ethnic and multi-cultural nation.


Here is the way I see it. While I fully acknowledge the discrepancies between the Maori and English versions of Te Tiriti Waitangi, the debate on whether Maori ceded sovereignty to the British Crown is sublimated by a long list of subsequent acts (and laws) that hold New Zealand to be an independent sovereign state. Parliamentary sovereignty has long been considered a foundational constitutional rule.


I was born in India, a former colony that does not recognize the Crown. I then studied and worked in the United States for many years; another former colony that does not recognize the Crown either. I strongly dislike the idea of having an unelected monarch as the Head of State and the Union Jack on our flag. But that is the law and in agreeing to accept New Zealand citizenship, I have agreed to abide by those as well as the multitude of other laws proclaimed by the nation’s Parliament.


This is the essence of a Parliamentary democracy; that all citizens are equal under the law.


While my interpretation may well be wrong, the fact remains that the proponents of the “Maori did not cede sovereignty” view are ignoring a key issue, which necessitates the need to have the conversation around the Treaty Principles.


According to the 2023 census, New Zealand’s population is 4,999,923. Out of these 3,383, 742 (68%) identify as Pakeha, 887, 493 (18%) as Maori, 442, 632 (9%) as Pacifica, 707,598 (14%) as Asian, 92, 760 (2%) as Middle Eastern/Latin American/African and 1% other. (The percentages add to more than 100 since people are allowed to indicate more than one ethnicity.)


The 1987 Court of Appeals decision argued that the treaty “signified a partnership between Pakeha and Maori requiring each other to act towards the other reasonably and with the utmost good faith” and that “the duty of the Crown was not just passive but extended to active protection of Māori people in the use of their lands and waters to the fullest extent practicable.”


But this emphasis on a bicultural view of New Zealand citizenship is antithetical to the basic tenets of a liberal democracy. If the treaty indeed establishes a partnership between two out of many ethnic groups residing in the country, and we are going to view our political process through this lens, then what does this imply for the quarter of the population that is neither Maori nor Pakeha?


This quarter of the population typically originates from other colonized nations, are not necessarily financially well-off and are people who have ventured to our shores in search of a better life. Did these people somehow become colonizers and the privileged by the wave of a magic wand? Or are they destined to be second tier citizens governed by an uneasy alliance between the Pakeha and Maori? If the basic argument is about equity then why are these people being excluded?


As David Lange pointed out in a 2000 speech (paragraph 9):


Here I come back to the government’s aim of closing the gaps between rich and poor, and the way in which it was overtaken in public understanding by the subsidiary goal of closing the gaps between Maori and the rest. I don’t describe the second goal as lesser than the first out of any wish to minimise the effect of growing inequality on Maori people. What I mean is that from the point of view of a democratic government, the first goal can encompass the second, but the second can’t encompass the first. If the government’s goal is to reduce inequality, it follows that it will do whatever it can to improve the position of Maori.


Democratic government can accommodate Maori political aspiration in many ways. It can allocate resources in ways which reflect the particular interests of Maori people. It can delegate authority, and allow the exercise of degrees of Maori autonomy. What it cannot do is acknowledge the existence of a separate sovereignty. As soon as it does that, it isn’t a democracy. We can have a democratic form of government or we can have indigenous sovereignty. They can’t coexist and we can’t have them both.


We have a choice. We can choose to remain a liberal democracy where everyone counts, or we can become an ethnocentric nation based on identity politics and riven by ethnic tensions. Make no mistake; the current path where particular ethnicities are granted “partnership” status can only lead to the eventual appearance of more ethnic parties fighting it out for a seat at the table.


Ananish Chaudhuri, PhD.

Professor of Experimental Economics | University of Auckland


1,693 views47 comments

47 Comments


Janine
4 hours ago

It just shows how duplicitous our politicians are. By changing principle 2, they have rendered the Bill virtually useless. Those of us supporting the Bill were happy with the original version. Those opposed would not support it in any form. Chris Luxon has pledged in parliament many times that he will not support the bill after the first reading. To proceed further, National Party MPs and NZF MPs will need to go against their parties.

There is no provision that I can see for a conscience vote.


Therefore.... a dead duck and a waste of time and money. Just before Christmas too when people are preoccupied with other things.


The question has to be: Why do politicians only see us…


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winder44
winder44
17 hours ago

A great post. It kind of throws any aspirations that the activist part Maori are peddling. right out of the window.

Democracy without favour to any specific race, or section of the population is the only way our country can go forward. just as article 3 of the treaty states. No manipulation of versions of the treaty. No "we are special" or partners. We are one!

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Tall Man
5 hours ago
Replying to

"We are one!"


Unfortunately young man we are not and have not been for some time.


The ardern government specialised in and weaponised the divisions that percolated under the surface as part of the old "divide and conquer" routine and as 2020 showed it was very successful.


The political divide became a chasm, the race divide the same and all ardern and labour had to do was pander to a few outside interests and they garnered 50% plus of New Zealand. The "vaccinated" were pitted against those that stood their ground and I'll guarantee few of those who believed in free choice voted for ardern/labour.


Granting a few baubles attracted Winston to the fold, cemented the maori/labour relationship and some…


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GordonR
17 hours ago

“…a bicultural view of New Zealand citizenship is antithetical to the basic tenets of a liberal democracy.”


So very true. I’m encouraged by Dr. Chaudhuri’s point that ‘everyone counts’ and agree with his post 💯%.

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Tall Man
6 hours ago
Replying to

I agree. Stating that the treaty is "akin" to a partnership is very different than "significant partnership" in my opinion.


Having a "discussion" is preferable to imposing imagined principles that will form the basis for even more legal argument over the ensuing years.


Whether sovereignty was ceded is moot in my opinion when maori have lived and accepted all the trappings that the modern world brought for countless generations without complaint until now.


If soverignty was not ceded do we need a war to establish that sovereignty?

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Jules
18 hours ago

Dr Chaudhuri is right in his last paragraph, but I don’t identify as “pakeha” - and I very much doubt 68% of New Zealanders do either. We’re New Zealand Europeans and proud of it. We’re proud of our history and heritage too - I’m not sure he does himself too many favours by criticising our flag or Crown. We don’t need to be preached to by an immigrant about multiculturalism either (which has long been discredited in the UK) or promote the idea that NZ should be multi-ethnic - we need legislation to ensure all New Zealand citizens are treated equally before the law, ensure all references to the Treaty of Waitangi are removed from legislation and that it…

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Replying to

I agree, particularly regarding criticism of the Union Flag. It's become very popular / fashionable in some quarters to vilify the British, in particular the English. This is often accompanied by revisionist historical myths and mumbo jumbo. Never let the truth , or facts, get in the way of a good story.


As a keen historian, I acknowledge that there have been many negative aspects of the British Empire. However, the good far outweighs the bad, as any serious debate would show.


e.g. The story of American Independence is basically about a third of the population deciding that they wished to avoid, quite justified, taxation. Much nonsense surrounds the rebellion. Land of the free. Ha Ha. Native Americans were…


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KiwiResistance
18 hours ago

Firstly, I don't identify as pakeha, never will. Secondly, we don't need more circular debate about the bloody reinvented treaty, we need concrete government action to put an end to radical tribal insurgent indoctrination & their takeover of NZ.


Also, my colonial ancestors, who participated in building this country, have been here for 5/6 generations, so I don't appreciate being lectured to about this very complex NZ issue, by a newbie to this country. We, white as the driven snow & proud of it, are of this land, this is our country & no person with a smidgen of Polynesian ancestry or a recent arrival, will take it from us.


In my view, the writer of this post, who sounds…


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Replying to

"Also, my colonial ancestors, who participated in building this country, have been here for 5/6 generations, so I don't appreciate being lectured to about this very complex NZ issue, by a newbie to this country."


"In my view, the writer of this post, who sounds like an economic migrant, is part of the new wave of "great replacement" colonists from Asia. They're gradually taking over the area I live in & I'm not happy about it."


I totally agree.

I see you have the mindless chant of " Racist" directed at you. I loathe racism. In my view you are simply a realist. Incidentally, the surname Singh was the greatest number of births registered in Auckland last year.

During my…

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