Historical anomalies

In his speech on the Principles of the Treaty of Waitangi Deletion Bill, Winston Peters called the insertion of "treaty clauses" into legislation a "historical anomaly" and claimed that

Maori didn’t ask for them - nobody did, but inserted they were.

It's a claim he's made frequently when speaking on this subject, but unfortunately its false. The original treaty clause - that in the State Owned Enterprises Act 1986 - was inserted specifically at the request of Ngati Tuwharetoa chief Sir Hepi Te Heu Heu to allay concerns that the transfer of crown land to SOEs would undermine the treaty settlements process. While some provision had been made in the Act to protect land already subject to a claim, those who had not already filed with the Waitangi Tribunal faced the prospect of their land being onsold and alienated forever. The solution was a clause forbidding the government from acting in a manner inconsistent with the principles of the Treaty of Waitangi.

This was not some sort of plot by PC legislators; it was a perfectly reasonable response to concerns about the law, inserted at the request of Maori. And while some may not like the subsequent Court of Appeal ruling in NZ Maori Council v Attorney General (1987), that is exactly how the clause was supposed to be used: to prevent the government from grossly violating the Treaty. And while there may be some disagreement over exactly what the Treaty means and what is covered, that principle at least is one well worth sticking to.