The controversial Principles of the Treaty of Waitangi Bill threatens public health and equity in Aotearoa New Zealand according to law and public health experts.
Te Wānanga o Raukawa’s Dr Carwyn Jones and co-authors examine the critical implications of the Bill and the urgent need for public opposition to safeguard Māori rights and health equity in the latest Briefing from the Public Health Communication Centre.
The Bill proposes redefining the principles of Te Tiriti o Waitangi, a move that Dr Jones says will radically alter decades of established law and policy recognising Māori rights.
“Aside from the legal uncertainty that such a radical change would create, the substantive effect of the proposed principles would be to erase the Tiriti guarantee of tino rangatiratanga, subordinating Māori rights of self-determination to the authority of the Crown.”
Dr Jones says by hollowing out the substance of Treaty principles, the Bill would also remove the existing legal recognition of distinctive Māori rights. “That is, the primary effect of the Bill would be to remove a legal mechanism that has been used to promote equity in social policy, including health.”
The Briefing authors say this Bill actively damages Aotearoa New Zealand’s ability to advance as a cohesive, progressive society committed to using human rights principles and evidence to find practical ways to improve health and achieve equity. They outline specific threats to public health in the Briefing.
“The Bill risks fueling racism and undermining social cohesion, perpetuating false narratives that Māori enjoy undue advantages despite evidence of structural disadvantages. It also prioritises formal equality over equity, jeopardising targeted actions to close persistent gaps in health, education, housing, and employment for Māori,” says Dr Jones.
The authors urge New Zealanders to reject the Bill as it represents the most significant Treaty breach in modern times.