With Aotearoa heading towards the November 7 general election, the place of Te Tiriti o Waitangi in New Zealand’s laws, politics and constitutional arrangements remains one of the most significant questions facing voters, particularly Māori communities concerned about tino rangatiratanga, Treaty obligations and the future relationship between Māori and the Crown.
Leading Māori legal scholar and Treaty expert Professor Carwyn Jones joins Radio Waatea to examine the role of Te Tiriti in the election campaign, the ongoing debate over Treaty principles and what the next government could mean for Aotearoa’s constitutional future.
The discussion comes against a backdrop of political disagreement over the interpretation of Te Tiriti, the responsibilities of the Crown and the recognition of Māori rights within public institutions.
For Jones, these are not simply abstract legal questions. They concern the foundations of New Zealand’s constitutional system and the relationship established between rangatira and the Crown in 1840.
What Does Te Tiriti Actually Guarantee?
In his 2024 paper, Primer on Treaty Principles, Professor Jones explains that the principles of the Treaty of Waitangi are the underlying ideas used to interpret the agreement between Māori and the Crown.
The concept has been part of New Zealand legislation since the 1970s, particularly following the establishment of the Waitangi Tribunal under the Treaty of Waitangi Act 1975.
Jones distinguishes between the articles of Te Tiriti itself and the legal principles subsequently developed to interpret the Treaty relationship.
He argues that understanding the Māori-language text is essential because the overwhelming majority of rangatira signed Te Tiriti o Waitangi rather than the English-language version.
Central to that understanding are two important concepts: kāwanatanga and tino rangatiratanga.
Kāwanatanga concerns the authority exercised by the Crown, while tino rangatiratanga recognises the continuing authority of Māori over their own affairs.
Jones argues that the guarantee of tino rangatiratanga extends beyond ownership of land and property to encompass broader political and constitutional authority.
Treaty Principles Are Already Part of New Zealand Law
Despite political arguments about the meaning of Treaty principles, Jones points out that they have been interpreted and applied through decades of legal decisions, Waitangi Tribunal inquiries and government policy.
His paper identifies several established principles, including partnership, active protection, redress, mutual benefit, options and equity.
These principles have helped shape the Crown’s responsibilities towards Māori and the interpretation of legislation.
For example, the principle of active protection recognises that the Crown has obligations to safeguard Māori interests and support the exercise of tino rangatiratanga.
The principle of equity requires attention to discrimination and unequal outcomes, while the principle of options recognises the importance of protecting kaupapa Māori approaches alongside mainstream public services.
Jones notes that there is no single exhaustive statutory list of Treaty principles, but that a substantial body of legal interpretation has developed around their meaning.
The courts and Waitangi Tribunal have played important roles in that development, although their powers and the legal effect of their decisions differ.
Treaty Politics and the Election Campaign
The debate over Treaty principles became a major political flashpoint during the current parliamentary term, particularly following proposals to redefine those principles through legislation.
ACT has argued for a different approach centred on equal rights before the law and a common understanding of government authority.
Supporters of that approach contend that Treaty principles should be clearly defined by Parliament rather than developed through judicial and administrative interpretation.
Critics, including Jones, argue that such an approach risks overlooking the specific guarantees made to Māori under Te Tiriti, particularly tino rangatiratanga.
In his 2024 analysis, Jones challenged ACT’s proposed interpretation, arguing that it did not accurately reflect the substance of the agreement reached in 1840.
He also raised concerns about using a referendum to resolve complex constitutional questions involving the rights of Treaty partners.
His central argument is that changing the legal recognition of Treaty obligations without meaningful agreement from Māori raises fundamental questions about the nature of the Treaty relationship.
As political parties campaign ahead of the election, those competing interpretations remain relevant to the wider debate about Māori rights and the role of Te Tiriti in government decision-making.
What Does It Mean for Māori Whānau?
The significance of Te Tiriti extends well beyond Parliament and the courts.
Treaty obligations influence decisions affecting Māori health, education, environmental management, whenua, natural resources and the delivery of public services.
They are also relevant to questions about Māori participation in decision-making and the Crown’s responsibility to address inequitable outcomes.
For Māori communities, changes to the legal recognition of Treaty principles could affect how government agencies interpret their responsibilities and how Māori interests are considered in policy development.
Jones’s analysis highlights the importance of protecting kaupapa Māori solutions and ensuring that Māori are not disadvantaged when exercising choices about services and institutions.
The debate therefore raises wider questions about whether future governments will strengthen, maintain or reduce the recognition of Treaty obligations across different areas of public policy.
Is Aotearoa Heading Towards Constitutional Change?
One of the most important questions facing New Zealand is whether its existing constitutional arrangements adequately reflect the agreement made between Māori and the Crown.
Unlike countries with a single entrenched written constitution, New Zealand’s constitutional system draws on legislation, judicial decisions, conventions and foundational documents, including Te Tiriti o Waitangi.
Jones’s work raises questions about whether the current legal framework fully recognises the authority guaranteed to Māori.
He argues that the modern concept of Treaty principles emerged partly as an attempt to reconcile Te Tiriti with a constitutional system built around extensive Crown sovereignty.
From his perspective, this has resulted in a more limited recognition of Māori authority than the Māori-language agreement itself provides.
The broader constitutional debate therefore involves more than the wording of Treaty clauses in legislation.
It asks how political authority should be exercised, what responsibilities the Crown owes Māori and whether the existing system provides sufficient space for tino rangatiratanga.
A Critical Conversation Ahead of November 7
As voters prepare to head to the polls, the future of Te Tiriti remains closely connected to the policies and priorities of the next government.
Questions about Treaty interpretation, Māori representation, the role of the Waitangi Tribunal and the protection of Māori rights are likely to remain significant regardless of the election outcome.
For Professor Carwyn Jones, his published analysis places particular emphasis on the importance of informed public discussion grounded in the history, language and legal meaning of Te Tiriti.
He argues that constructive constitutional conversations require engagement with Māori as Treaty partners rather than treating the agreement as something that can be redefined through ordinary political competition alone.
The central question facing Aotearoa is not simply what politicians believe Te Tiriti should mean, but how the country honours the agreement made in 1840 while determining the shape of its constitutional future.
Professor Carwyn Jones joins Radio Waatea to explore those questions and what is at stake for Māori, the Crown and future generations.
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