‘The Te Tiriti o Waitangi did not create Partnerships nor Principles’

Nothing in this ACT shall permit the Crown to act in a manner that is inconsistent with the Principles of the Treaty. First tie the Principles of the Treaty had been documented) There are NO Principles in the Treaty Of Waitangi 1840.

1985 Treaty of Waitangi Amendment Act. While the 1975 Treaty of Waitangi Act was about the settlement of historical grievances, the 1985 Amendment Act was a very different matter. The recognition of iwi-Māori rather than pan-Māori as the inheritors of Treaty settlements established the reviving tribe as both political player and economic corporation.

1985 Amendment Act, Deputy Prime Minister Geoffrey Palmer agreed to Sir Hepi Te Heuheu’s request to insert the clause “Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi” into Section 9 of the State-owned Enterprises Act 1986. This is the first reference in legislation or policy to the principles of the Treaty – indeed, the first indication that the Treaty has principles. Parliament did not define the principles — an unconscionable failure which opened the way for the courts and government officials to determine what is probably one of the most important political events of the 20th century. Treaty principles, including that of partnership, now appear in almost all legislation.

1987 Court of Appeal decision stating that the Treaty established a relationship “akin to a partnership”. Although the judges likened it to the obligation partners in a partnership had they did not say that the Treaty actually created a partnership. Nor did it. However, “partnership” was quickly picked up by the Waitangi Tribunal and by the 1987 Iwi Leaders’ Forum. From that time this powerful interest group has achieved enormous success in claiming constitutional change and ownership rights. “Partnership” is the justification. The possibility that the He Puapua Report will be implemented either in full or modified form demonstrates the group’s success to date. Horomia speech

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