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Principles of the Treaty of Waitangi Bill

Principles of Treaty of Waitangi

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

You could also call this:

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

This proposed law says that when you need to understand a law that mentions the Treaty of Waitangi principles, you must use the specific principles listed in section 6 of this bill. You can’t use any other Treaty principles to interpret the law. This rule would apply to all laws, except for what’s mentioned in section 8 of this bill.

If a law talks about Treaty principles, either directly or indirectly, you would have to use the principles from section 6 to understand what that law means. You wouldn’t be allowed to use any other Treaty principles that aren’t in section 6.

This new rule would override any other laws that might say something different about using Treaty principles, except for what’s in section 8 of this bill.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS1003448.

Topics:
Māori affairs > Treaty of Waitangi
Government and voting > Government departments

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6: Principles of Treaty of Waitangi, or

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


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8: Act not to apply to interpretation of Treaty settlement Act or settlement of historical Treaty claim under Treaty of Waitangi Act 1975, or

“This law won't change how we deal with old Treaty settlements”

Part 2 Principles of Treaty of Waitangi

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

  1. The principles of the Treaty of Waitangi set out in section 6 must be used to interpret an enactment if principles of the Treaty of Waitangi are relevant to interpreting that enactment (whether by express reference or by implication).

  2. Principles of the Treaty of Waitangi other than those set out in section 6 must not be used to interpret an enactment.

  3. This section applies despite any other enactment, except section 8.