Maori haka in NZ parliament to protest at bill to reinterpret founding treaty

New Zealand’s parliament was brought to a temporary halt by MPs performing a haka, amid anger over a controversial bill seeking to reinterpret the country’s founding treaty with Māori people.

Opposition party MP Hana-Rawhiti Maipi-Clarke began the traditional ceremonial group dance after being asked whether her party supported the bill, which faced its first vote on Thursday.

At the same time, a hīkoi – or peaceful protest march – organised by a Māori rights group is continuing to make its way towards the capital, Wellington.

Thousands have already joined the 10-day march against the bill, which reached Auckland on Wednesday, having begun in the far north of New Zealand on Monday.

The country is often considered a leader in indigenous rights, but opponents of the bill fear those same rights are being put at risk by this bill.

Act, the political party that introduced the bill, argues there is a need to legally define the principles of the 1840 Treaty of Waitangi, which has been fundamental to race relations in New Zealand.

The core values of the treaty have, over time, been woven into New Zealand’s laws in an effort to redress the wrong done to Māori during colonisation.

But Act – a minor party in the ruling centre-right coalition – say this has resulted in the country being divided by race, and the bill will allow the treaty to be interpreted more fairly through parliament, rather than the courts. The party’s leader, David Seymour, has dismissed opponents as wanting to “stir up” fear and division.

Critics, however, say the legislation will divide the country and lead to the unravelling of much-needed support for many Māori.

The first reading passed on Thursday after a 30-minute break, backed by all parties from the ruling coalition. Maipi-Clarke was suspended from the house.

It is unlikely to pass a second reading, as Act’s coalition partners have indicated they will not support it.

But this has not placated those worried about the bill, and its impact, with the hikoi still making progress along its 1,000km (621-mile) route.

In Auckland, it took an estimated 5,000 marchers two hours to cross the harbour bridge. Officials had closed two lanes, the New Zealand Herald reported, to allow them to continue along the route.

Danielle Moreau, who is Māori, walked over the Harbour Bridge with her two sons, Bobby and Teddy, and told the BBC she “was hoping it [the hīkoi] would be big but it was much more epic than I expected”.

“I marched to make the point that Te Tiriti [the Treaty of Waitangi] is very important to our national identity,” said Winston Pond, who also took part in the march on Wednesday.

“We are a multi-cultural society built on a bicultural base – something that cannot be altered.”

Juliet Tainui-Hernández, from the Māori tribe Ngāi Tahu, and her Puerto Rican partner Javier Hernández, brought their daughter Paloma to the hīkoi.

Ms Tainui-Hernández said those who turned out in support did so “for the respectful and inclusive nation we want Aotearoa [New Zealand] to be for our tamariki mokopuna – our children and grandchildren”.

Kiriana O’Connell, who is also Māori, said that the current treaty principles were already a compromise for her people, and she would not support a “rewrite”.

Under the proposed legislation, the treaty principles that would be defined in law are:

• that the government has a right to govern and that parliament has the full right to make laws
• that the rights of Māori are respected by the Crown
• that everyone is equal before the law and is entitled to equal protection under it.

Act leader Seymour – who is also New Zealand’s associate justice minister – argues that because the principles have never been properly defined legally, the courts “have been able to develop principles that have been used to justify actions that are contrary to the principle of equal rights”.

He says these include “ethnic quotas in public institutions” that go against the spirit of fairness for all New Zealanders.

Prime Minister Christopher Luxon, however, has called the bill “divisive” – despite being part of the same coalition.

Meanwhile, the Waitangi Tribunal, which was set up in 1975 to investigate alleged breaches of the Treaty of Waitangi, notes the bill “purposefully excluded any consultation with Māori, breaching the principle of partnership, the Crown’s good-faith obligations, and the Crown’s duty to actively protect Māori rights and interests”.

It also said that the principles of the bill misinterpreted the Treaty of Waitangi and that this “caused significant prejudice to Māori”.

The tabling of the Treaty Principles Bill comes following a series of measures introduced by the government that have affected Māori.

They include the closure of the Māori Health Authority, which was set up under Jacinda Ardern’s Labour government to help create health equity, and reprioritising English over Māori when it comes to the official naming of government organisations, for example.

While roughly 18% of New Zealand’s population consider themselves to be Māori, according to the most recent census, many remain disadvantaged compared with the general population when assessed through markers such as health outcomes, household income, education levels and incarceration and mortality rates. There remains a seven-year gap in life expectancy.

The Treaty of Waitangi is an agreement between the British and many, but not all, Māori tribes, which was signed in 1840.

It is contentious as it was written in both English and Māori – which had only been a spoken language until colonisation – and the two versions contain fundamental differences when it comes to issues such as sovereignty.

While the treaty itself is not enshrined in law, its principles have been adopted over time into various pieces of legislation.

The bill will now be sent to a select committee for a six-month public hearing process.

Additional reporting by Amanda McGregor