Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Principles of the Treaty of Waitangi Bill

Principles of Treaty of Waitangi

6: Principles of Treaty of Waitangi

You could also call this:

“Explaining how the Treaty of Waitangi should work in today's laws”

The Principles of the Treaty of Waitangi Bill proposes to define three main principles of the Treaty. These principles would help explain how the Treaty should work in today’s world.

The first principle says that the New Zealand government and Parliament can make decisions and laws for everyone in the country. They should do this in a way that’s best for all people and follows the rules of a free and fair society.

The second principle is about recognising Māori rights. It says the government will respect and protect the rights that Māori groups (hapū and iwi) had when they signed the Treaty. But if these rights are different from what everyone else has, they only count if they’ve been agreed to in a special process called a Treaty settlement.

The third principle is about equality. It says that everyone should be treated the same under the law. This means everyone should have the same protection from the law, the same benefits from the law, and the same basic human rights. No one should be treated unfairly or differently.

Remember, this is just a proposed law, not something that’s in place right now. It’s trying to make the Treaty principles clearer for everyone to understand and use.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1003447.

Topics:
Māori affairs > Treaty of Waitangi
Government and voting > Government departments
Rights and equality > Anti-discrimination
Previous

5: Act binds the Crown, or

“This law would apply to the government and its workers”

Next

7: Principles of Treaty of Waitangi set out in section 6 must be used to interpret enactments, or

“Use the Treaty principles in section 6 to understand laws about the Treaty”

Part 2 Principles of Treaty of Waitangi

6Principles of Treaty of Waitangi

  1. The principles of the Treaty of Waitangi are as follows:

     
    Principle 1
    The Executive Government of New Zealand has full power to govern, and the Parliament of New Zealand has full power to make laws,—
    (a)

    in the best interests of everyone; and

    (b)

    in accordance with the rule of law and the maintenance of a free and democratic society.

    Principle 2
    (1)

    The Crown recognises, and will respect and protect, the rights that hapū and iwi Māori had under the Treaty of Waitangi/te Tiriti o Waitangi at the time they signed it.

    (2)

    However, if those rights differ from the rights of everyone, subclause (1) applies only if those rights are agreed in the settlement of a historical treaty claim under the Treaty of Waitangi Act 1975.

    Principle 3
    (1)

    Everyone is equal before the law.

    (2)

    Everyone is entitled, without discrimination, to—

    (a)

    the equal protection and equal benefit of the law; and

    (b)

    the equal enjoyment of the same fundamental human rights.