Treaty does not exist, ignore it and remove all traces of it from the New Zealand
statute book. Not even the most muscular solutions that have been offered in
recent times go so far. Neither can we re-write our own history. Our history is our
history; we can argue about what happened and what it means. But New Zealand
as one of the worlds oldest continuous democracies has a long history of dealing
with the Maori people. How New Zealand performed as a state in respect to its
indigenous peoples is a matter of public record.
4
But what we should do now in policy terms is another issue. I am struck by the
impression that while we cannot go back, there is no widespread will to go
forward either. We are suspended in a place from which there is neither advance
nor retreat readily available. This may be no bad thing looked at in the larger
view. There has always been an ebb and flow in the attitudes towards the Treaty
in New Zealand. It started life here as something of a sacred compact, only to be
dismissed 37 years later as a simple nullity; much later came the phrase that the
Treaty is a fraud; then that the Treaty is the Maori Magna Carta. We should
remember, however, the Treaty is only part of the framework for Maori-Crown
relations and for Maori-Pakeha relations.
5
The great modern advances for the Treaty began in 1975 with the establishment of
the Waitangi Tribunal, a decade later its jurisdiction was widened to deal with
claims back to 1840. References to the Treaty in legislation began to be made
followed by block busting litigation in the State-Owned Enterprises case of 1987,2
where the Treaty began to be enforced in the courts, but only because it was
referred to by Parliament in legislation. Then were added direct negotiations with
the Crown concerning Treaty grievances and the Maori Fisheries Settlements.
Then there were the policies of devolving responsibility in the social areas to
Maori organisations and measures to protect Te Reo Maori. These were, in their
day, massive advances in protecting the interests of Maori under the Treaty. All
this happened under first-past-the-post Parliaments and there was a significant
measure of accord among the two main political parties of those days as to the
essential components of the policy.
2
New Zealand Maori Council v Attorney-General [1987] 1 NZLR 641.