The Waitangi Tribunal has reported back on National's proposed changes to gut the Marine and Coastal Area Act and steal the foreshore and seabed for its greedy fishing-industry donors, and declared it to be another huge violation of ti Tiriti:
The Waitangi Tribunal has found government changes to the Marine and Coastal Area Act are characterised by a blind adherence to pre-existing political commitments at the expense of whānau, hapū, and iwi.They recommend killing the bill and engaging with Māori in an effort to identify and address an actual policy problem, rather than unilaterally attempting to eradicate their rights.[...]
The tribunal found the government dismissed official advice, failed to consult with Māori and breached the principle of active protection and good government by failing to properly demonstrate "Parliament's original intent" and seeking to amend the act before the Supreme Court could hear the matter.
The report said the Crown's consultation with commercial fishing interests, while failing to consult with Māori, was a breach of the principle of good government
The Crown exercised kāwanatanga over Māori rights and interests without providing any evidence for one of its key justifications - namely that the public's rights and interests require more protection beyond what is already in the act - the report said.
Combined with similar reports on Oranga Tamariki, Māori wards, and the Treaty Principles, and you're left wondering if there's any significant national policy regarding Māori which isn't a flagrant breach of te Tiriti. And looking back at those reports, they all identify the same underlying problems: National putting its obligations under its coalition agreements above the state's obligations under te Tiriti; a refusal to consult; and the systematic abandonment of good government practice and ignoring of evidence in order to ram through its policy. it seems that the government no longer recognises its Tiriti obligations, particularly the principles of active protection and partnership, and is actively reneging on our founding agreement, with all that that entails.
...And the Tribunal recognises this. It ends its letter of transmittal with a clear warning:
At present, the Crown’s actions are such a gross breach of the Treaty that, if it proceeds, these amendments would be an illegitimate exercise of kāwanatanga. We caution the Crown that, on the strength of the evidence we have received, to proceed now on its current course will significantly endanger the Māori–Crown relationship.[Emphasis added]
Which is as clear a warning as you can get that the government is on very dangerous ground here. Te Tiriti is the foundation of our constitution. It effectively gives the government its right to exist. The government messes with that at its peril.
