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Te Tuhi Kelly: We did not cede sovereignty

Tuesday 19 November 2024 | Written by Te Tuhi Kelly | Published in Editorials, Opinion

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Te Tuhi Kelly: We did not cede sovereignty
Te Tuhi Kelly.

Britain colonised my other country Aotearoa in the early 1840's. At that time Maori held sovereignty over land, sea and air. We are known by our tribal names and the area that we have sovereignty over.

The colonisers and their social scientists gave us the name Maori. They signed a treaty with my people in the native language and English, we did not cede sovereignty, the English version interpretation said we did. The coloniser then ignored the Treaty and introduced Westminster law and so proceeded the taking of our lands, air and sea that we had sovereignty over.

The colonisers descendants now hold the balance of power using Westminster law and now want to change the Treaty under a Bill introduced by David Seymour of the Act Party who is in coalition with the One NZ Party headed by Winston Peters and the National Party led by Christopher Luxon so that the Government and only the Government has exclusive right to make laws on and for everyone in the country. This Bill has passed its first reading. Maori understandably have not taken this lying down and have marched in protest and I suspect that civil unrest will ensue.

The situation I have described in Aotearoa is a profound example of the long-term struggles Indigenous peoples face in asserting their rights and sovereignty in the face of colonisation and ongoing systemic marginalisation. My brief intro highlights the deep historical injustices and the contemporary political challenges that exacerbate them.

The Treaty of Waitangi (Te Tiriti o Waitangi) is at the heart of this conflict. The differences in interpretation between the Māori and English texts have been a source of contention since its signing in 1840. The Māori version emphasised partnership and protection, while the English version implied cession of sovereignty and more of a focus on a partnering arrangement that suited their interpretation.

Successive governments have historically disregarded the Treaty, using Westminster law to systematically alienate Māori from their land, resources, and governance. In the modern political landscape, the introduction of legislation by David Seymour (kupapa) and the ACT Party, supported by coalition partners, seeks to centralise legislative power under the government. This move appears to undermine the principles of partnership, protection, and participation guaranteed in the Treaty.

Such a bill could erode the hard-won recognition of Māori rights and further marginalise Indigenous voices in governance, potentially exacerbating existing inequalities. There will be Maori resistance and civil unrest, you mark my words, because Māori protests are deeply rooted in a history of resilience and the fight for justice. The hīkoi (marches) and other forms of resistance are expressions of collective will to safeguard rights and assert sovereignty.

If the government continues to disregard Māori voices, civil unrest is indeed a possibility. Historical precedents like the Bastion Point occupation and the Foreshore and Seabed protests show that Māori are prepared to mobilise when their rights are threatened.

The proposed legislative changes risk deepening divisions in Aotearoa. Māori and Pākehā relations are already fraught due to unresolved grievances over land, resources, and systemic inequities. Any attempt to diminish Māori rights and participation, risks undermining the progress made toward reconciliation and may damage New Zealand's international reputation as a leader in Indigenous rights.

Māori leaders and organisations are not going to take this on the chin, and will continue to challenge such legislation in courts, both domestically and internationally, leveraging New Zealand’s obligations under international law, such as the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

Educating the public about the historical context of the Treaty, the importance of its principles, and the potential impact of the bill can galvanise broader support. Building coalitions with sympathetic groups and parties can amplify Māori voices in the political arena.

 Maintaining the moral high ground through peaceful demonstrations can strengthen public sympathy and support. Although in the past this can escalate into civil disobedience, civil unrest and violence.

There is only one pathway forward and the Crown must honour its commitment to the Treaty as a living document. This requires genuine partnership, shared decision-making, and a commitment to addressing historical and contemporary injustices.

Both Māori and Pākehā must engage in dialogue that acknowledges the past while working toward a shared future rooted in mutual respect and equity. My analysis underscores the importance of vigilance and action in the face of legislative and political threats to Indigenous rights. The situation demands both a steadfast defence of Māori sovereignty and strategic engagement to prevent further erosion of the Treaty’s principles.

This is a shout out to the National Party coalition, you have been warned, if you continue down this path of extinguishing Maori sovereignty, you will reap what you sow.