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November 10, 2023
Seymour slammed for rigid treaty originalism
Atereano Mateariki
Posted On November 10, 2023
Download AudioAn experienced treaty barrister says proposals like ACT’s referendum on treaty principles have a history of failure.
Tom Bennion, the founder of the Māori Law Review and a former Waitangi Tribunal registrar, says former New Zealand First MP Doug Woolerton introduced the Principles of the Treaty of Waitangi Deletion Bill in 2006.
The Bill never made it pass the second reading.
He says ACT leader David Seymour’s push for a referendum is toxic and fails to recognise that ambiguity in the law can allow for flexibility.
“We haven’t just focused on single words and the text and said that those are hard and fast. I mean, Look at the US Constitution – they have got these terrible people, originalist, who just focus on the text and allow terrible things to happen. So focusing on the spirit and the principles, I think it’s not a bad way to go,” Mr Bennion says.
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