As an outcome of the 18th Protecting Mother Earth (PME) Conference on the Qualla Boundary in Cherokee, North Carolina, Māori representatives from Aoterora PME participants developed the following treaty position statement:
We condemn in the strongest terms the abrogation of Te Tiriti o Waitangi by the New Zealand government.
Indigenous Peoples have significantly shaped notions of Western democracy, and we recognize the New Zealand Crown government actions towards Te Tiriti, which include the re-defining of Treaty principles and a review of the Waitangi Tribunal – all without the consent of their treaty partner – as a profound violation of democratic process, established Treaty jurisprudence and contractual ethics.
We note the UN Declaration for the Rights of Indigenous Peoples, article 37 – that Indigenous Peoples have the right to the recognition, observance, and enforcement of treaties with States or their successors and to have States honour and respect such treaties.
We recall that the New Zealand Crown government has repeatedly upheld Te Tiriti o Waitangi and its associated processes within United Nations forums as a unique constitutional context and as the preferred process through which the Crown is held to account for grievances it causes. This applies both to the New Zealand Crown refusal to endorse the Declaration for the Rights of Indigenous Peoples, and in the caveats for its eventual endorsement. This turn of events underpins the importance of implementing the rights of Indigenous Peoples, as determined by Indigenous Peoples.
Māori rights to self-determination are affirmed and enshrined both within Te Tiriti o Waitangi and the United Nations Declaration for the Rights of Indigenous Peoples.
We note that Te Tiriti o Waitangi is a protective mechanism from the harms of colonial supremacy, which is a global project. The actions and language of this government mirrors that of far right conservative governments and movements overseas, and we hold great concern for the future harm that Māori will be further exposed to with the removal of these important protections. The actions and discussions to date from the New Zealand government amount to racist fear-mongering, and are resulting in increased racial tension across Aotearoa and real risk for Māori leaders, communities, and individuals.
The Treaty Principles Bill is an act of extreme bad faith, is fundamentally undemocratic, and corrodes important processes of accountability.
We call for the New Zealand government to act in good faith, and with respect for Te Tiriti upon which the legitimacy of their existence rests.