If the truth be known the principle reason for the defeat of the Labour government in the recent general election was its polices in respect of the Treaty of Waitangi, and in particular its support of the "co-governance" proposal and its reliance on "the principles of the Treaty".
Co-governance was simply a slogan. There was no explanation of where it came from, what it actually entailed, and whether it was legally feasible in the constitution of New Zealand where absolute sovereignty is vested in the Crown.
The principles of the Treaty were presented as an overriding set of rules that supposedly emanate from the Treaty, but are not actually part of the Treaty, and were starting to govern almost every aspect of life in New Zealand. If the Labour government had been reelected then perhaps we would have all been obliged to perform every aspect of our daily lives in compliance with the principles of the Treaty.
New Zealand has been overtaken with rhetoric and slogans about the Treaty that are fundamentally flawed and have no basis in fact or in law. Unfortunately Treaty activists have dominated the stage with their propaganda, supported by the Labour party, the Greens and Te Pati Maori and by a vast army of woke bureaucrats who inhabit almost all of our institutions. The mainstream media has been bribed by the government through the Public Interest Journalism Fund to report only the propaganda of the activists, so that the truth about the Treaty and the legal situation is not revealed.
See: https://thetreatyfacts.blogspot.com/p/public-interest-journalism-fund-facts.html
If we continue down the same track New Zealand will become a country divided by race, with preferential treatment based on race. Democracy will be destroyed and our country will be racked with racial tension, lawlessness and even anarchy. The threats of violence have already been made by the activists.
The success of the more liberal coalition in the election creates an opportunity for the whole issue of the Treaty and the part it plays in the lives of New Zealanders to be reexamined.
The reset
The "reset" is the opportunity to rebut the propaganda and the slogans, expose the fundamental flaws in the claims of co-governance and partnership, and reveal the limitations of the ill-conceived principles of the Treaty. The real facts about the Treaty can be stated and the relevant law explained. We will then be able to define the role played by the Treaty in New Zealand today. We will be able to assign the Treaty to its correct role and how it aligns with the sovereignty and constitution of New Zealand. We can then go forward as a liberal, multicultural, democratic state based on the equality of all citizens. This would fulfill article 3 of the Treaty.
This appraisal of the Treaty is broken down into 13 parts. This introduction is Part 1. The following parts are:
Part 2 What is a Treaty? explains that a treaty contains various agreements or undertakings on how issues are to be settled between the treaty parties. The undertakings in the treaty then have to be implemented, usually by incorporating them into the domestic law of each party so that they can be enforced through the courts of that country.
https://thetreatyfacts.blogspot.com/p/what-is-treaty.html
Part 3 The meaning of the Treaty examines the various versions of the Treaty and the conflicting translations. It suggests that the Maori version of the Treaty should be adopted as the sole official version of the Treaty. To establish an accepted translation into English there is an analysis of the various English versions. There is also a detailed analysis of the wording of articles 1 and 2 in particular, and the translation of words such as kawanatanga, tino rangatiratanga and taonga. It concludes with a suggested summary of the meaning of the Treaty in English which could be adopted as the legally binding English version.
https://thetreatyfacts.blogspot.com/p/the-meaning-of-treaty.html
Part 4 Implementation of the Treaty examines how the three articles of the Treaty have been implemented and have become part of the law of New Zealand.
https://thetreatyfacts.blogspot.com/p/implementation-of-treaty.html
Part 5 Constitution of New Zealand explains how the constitution of New Zealand was established by the assertion of sovereignty in 1840. It considers the Constitution Act 1986 which sets out the role of the sovereign and Parliament in the constitution - but there is no mention of the Treaty.
https://thetreatyfacts.blogspot.com/p/5-constitution-of-new-zealand.html
Part 6 Treaty's significance today explains how the Treaty's role in new Zealand law has been misrepresented. It explains why the obligations and rights under the Treaty are not part of New Zealand law and explains the constitutional reason for this.
https://thetreatyfacts.blogspot.com/p/6-treatys-significance-today.html
Part 8 Principles of the Treaty: Courts explains Treaty clauses and how the courts overreached their statutory powers in identifying the principles of the Treaty. It also explains that the principles of the Treaty identified by the courts only apply legally in very narrow circumstances.
https://thetreatyfacts.blogspot.com/p/8-principles-of-treaty-courts.html
Part 9 Slogans considers the activists' slogans including self-determination (He Puapua), co-governance, and partnership. It points out the origins of the slogans and the lack of any legal basis.
https://thetreatyfacts.blogspot.com/p/9-slogans.html
Part 10 Treaty reset considers the opportunity to reset the Treaty issues, the need to be bold, the facts and the law, and other considerations. It also looks at the Principles Of The Treaty Of Waitangi Deletion Bill 2005 as a precedent. It emphasises the need for New Zealand to comply with the New Zealand Bill of Rights Act, the Human Rights Act and United Nations declarations, all of which prohibit preferential treatment based on race.
https://thetreatyfacts.blogspot.com/p/treaty-reset.html
Part 11 David Lange's views on the Treaty (in the year 2000) show a deep concern about the Treaty issues and the effect that they would have on the democracy of New Zealand if allowed to fester. He also doubted if the government at that time would have the courage to take any action to stem the tide of activism. Many wise words that should be heeded 23 years later as New Zealand is teetering on the brink of becoming a divided country with no democracy and the imminent threat of violence and, possibly, anarchy. In David Lange's words:
The result, if the worst comes to the worst, will be a fractured society in which political power will be contested in ways beyond the limits of our democratic experience.
https://thetreatyfacts.blogspot.com/p/11-david-lange.html
Part 12 Violence details the public threats of violence made by senior Maori politicians if there is a referendum on co-governance. It considers other acts of civil disobedience by protestors in Kaipara over the decision not to have any form of opening for council meetings (including karakia). It illustrates the Maori insistence on requiring compliance with tikanga but the reluctance to comply with standing orders that are mandated by legislation. It considers the Latin adage "Argumentum ad Baculum" - to argue with the threat of a stick- and how it was part of tikanga in the days of Hongi Hika and how it still seems to be part of tikanga today.
https://thetreatyfacts.blogspot.com/p/12-violence.html
Part 13 The constitution versus the activists explains that when Parliament reconvenes in the next few weeks all newly elected MPs will be obliged to swear an oath of allegiance to King Charles the Third as the Sovereign in right of New Zealand. MPs who refuse to swear the oath cannot sit in Parliament, cannot vote, and do not get paid. The requirements are laid down in the Constitution Act 1986. It also recounts the refusal of Hone Harawira to swear the oath in 2011 and his eviction from Parliament, along with the mini protests of Debbie Ngarewa-Packer and Rawiri Waititi in 2020.
https://thetreatyfacts.blogspot.com/p/13-constitution-versus-activists.html
Note: The various parts all contain links that provide further information on the particular issue.
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