This is edition 2024/142 of the Ten@10 newsletter.
Welcome to the Ten@10, where I collate and summarise ten news items you generally won't see in the mainstream media.
This is normally for members in the VIP tier (old Silver and above), but for the next few days I will be sending it to all paid members.
I hope you continue to enjoy this weekday newsletter and if you aren't currently on the VIP plan please consider upgrading.
Enjoy!
1. Are We to Be Governed by the Real, or by Nonsense Versions of the Treaty?
Michael Bassett
- 📜 The term "The Principles of the Treaty of Waitangi" has a complex history, starting with Norman Kirk's 1972 promise to legally acknowledge these principles.
- 🏛️ The Treaty of Waitangi Act 1975 established the Waitangi Tribunal without defining these crucial principles, causing confusion.
- ⚖️ Subsequent governments, including the Lange-led Labour government in 1985, failed to clarify these principles despite giving the Tribunal power to address historical grievances.
- 🌿 The 1986 legislation on state-owned enterprises mentioned Treaty principles but did not define them, leading to legal ambiguities.
- 🤝 The Court of Appeal in 1987 interpreted a "partnership" under the Treaty, urging the government to define the principles to prevent judicial overreach.
- 📝 Attempts by governments to define these principles, such as in 1989 under the Lange government, were insufficiently legislated, leaving room for varied interpretations.
- 🌐 Today, ongoing debates and reinterpretations of the Treaty's principles continue, influencing legal and political discourse.
- 🇳🇿 Current efforts by David Seymour to introduce a Principles of the Treaty Bill aim to clarify and legislate these principles, amidst political controversy and uncertainty about its contents.
- 🤔 Resolving the confusion over Treaty principles through legislation is crucial to avoid continued judicial intervention and promote clarity in New Zealand's governance.
