November 30, 2023
Protest an option as treaty principles revised
A Māori constitutional law professor says Māori may have no other option than protest against proposed policies changes.
ACT is preparing a bill to redefine the principles of the Treaty of Waitangi, which National has promised will be fast tracked to a select committee.
University of Auckland law professor Claire Charters says treaty principles have evolved through interpretation by the courts and the Waitangi tribunal, rather than being defined by parliament.
“There is I guess some opportunities for courts to review some of this, but certainly not when parliament is very clear, because parliament over-rides any legal authority of the courts. When you’ve a got parliamentary sovereignty regime, the only other way to try and influence is through protest,” she says.
National, ACT and NZ First also propose to amend the Treaty of Waitangi Act to limit the scope of the Waitangi Tribunal.