March 23, 2016
TPPA biggest threat to Maori since James Cook
TPPA biggest threat to Maori since James Cook
MARTYN BRADBURY
Last weeks extraordinary Waitangi Tribunal hearing into the TPPA was a stark reminder of just what Maori stood to lose if the Government ratifies the TPPA.
Claimants lawyer Bryce Lyall roasted the idea that Maori could rely on a clause that has no clearly defined meaning. Counsel Alana Thomas stated Maori just didn't trust the Crown. Auckland University law professor Jane Kelsey pointed out that the clause for Maori was so open to interpretation it could protect any action the Government took and Māori Council lawyer Peter Andrews also attacked the idea that the Crown was the one who could determine what was in the interest of Maori.
Over 20 separate lawyers representing most of the interests within Maoridom appeared last week and none of them had anything positive to say about the TPPA. The total defiance to the Government's plan is rare and ignored at the Crown's own peril.
The clause in the TPPA reads…
TPP Article 29.6: Treaty of Waitangi
Provided that such measures are not used as a means of arbitrary or unjustified discrimination against persons of the other Parties or as a disguised restriction on trade in goods, trade in services and investment, nothing in this Agreement shall preclude the adoption by New Zealand of measures it deems necessary to accord more favourable treatment to Maori in respect of matters covered by this Agreement, including in fulfilment of its obligations under the Treaty of Waitangi.
The Parties agree that the interpretation of the Treaty of Waitangi, including as to the nature of the rights and obligations arising under it, shall not be subject to the dispute settlement provisions of this Agreement. Chapter 28 (Dispute Settlement) shall otherwise apply to this Article. A panel established under Article 28.7 (Establishment of a Panel) may be requested to determine only whether any measure referred to in paragraph 1 is inconsistent with a Party's rights under this Agreement.
…this clause means nothing and guarantees Maori nothing. If signed it represents the largest threat to Maori sovereignty since James Cook came ashore.
The enormity of what Key is trying to pass has been understood by many within Maoridom, while the mainstream media have merely shrugged. This disconnect between the fury of what will erupt of Key goes ahead and signs it and the complacency of many NZers makes a dangerous mix.
Martyn Bradbury
Editor – TheDailyBlog.co.nz
Waatea 5th Estate
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