Introduction
E nga iwi o te motu, tena koutou, tena koutou, tena koutou katoa
1
The problem with a presentation of this sort is to know where to start. So much
has been said by so many for so long. The Treaty of Waitangi has spawned a vast
scholarly industry of great variety. It is a literature of some distinction and it is
unique to New Zealand.1 It is hard to know which Treaty prism to look through in
order to distil insights of any value. Treaty of Waitangi jurisprudence as it has
developed in New Zealand by now has become a big field of near Byzantine
complexity. And that is just the law as it is. Debates on what the law ought to be
seem to me in political terms to have become unmanageable. The politics of the
Treaty has become a battlefield upon which people have become increasingly
reluctant to tread.
2
It is not necessarily helpful to refer to my own political experience in the Treaty
field. Although there were a lot of important Treaty policy measures created by
the Fourth Labour Government, in political terms it was another country. There
was no MMP and MMP has transformed both the political and constitutional
landscapes in New Zealand in ways that remain in many quarters little
understood. In its latest iteration MMP has given us a Maori party represented in
Parliament. While it is too early to divine what effects this may have on the
Treaty and its place in New Zealand society, it is bound to have some.
The Policy Place we are at
3
To arrive at a balanced appreciation of where New Zealand is now located in
relation to the Treaty of Waitangi it is necessary to see where we have come from
in public policy terms and where we might go next. I shall share with you now
the conclusion I reach from this analysis. Clearly we cannot go back, even if we
knew what going back means. We cannot, or so it seems to me, pretend the
1
Michael Belgrave, Merata Kawharu and David Williams (ed) Waitangi Revisited:
Perspectives on the Treaty of Waitangi (Oxford University Press, South Melbourne, 2005)
is the most recent book and it contains some excellent contributions. I have also found
delightful: JGA Pocock The Discovery of Islands, (Cambridge University Press,
Cambridge, 2005).