Submissions to the Justice Committee on the controversial legislation are currently tracking at three times the previous record number.

Following complaints that the parliamentary website had failed to register online submissions, the Justice Committee has announced that submissions for the Principles of the Treaty of Waitangi Bill will be reopened until 1pm next Tuesday January 14.

The select committee members unanimously agreed to the extension at a meeting this morning as a result of “technical issues affecting the parliament website in the closing days of the submission period”. In a statement, the committee said it was necessary “to ensure that everyone who tried to make a submission but was unable will have the opportunity to do so”.

Both Labour and Te Pāti Māori had publicly urged a reopening of submissions, while the bill’s sponsor, Act leader David Seymour, had encouraged anyone facing difficulties to email the committee seeking an extension.

The tally of submissions so far is above 300,000, about triple the previous record of 100,000 submissions on the Conversion Practices Prohibition Legislation Bill in 2021.

The government legislation, which stems from an agreement in the National-Act coalition deal, has provoked enormous heat, despite Christopher Luxon’s insistence that it will not proceed beyond the select committee stage. After a massive hīkoi and a parliamentary haka that swept the globe, the formal process has seen another groundswell, with submissions for and against lodged via the parliament website numbering more than 150,000 on January 7, the original deadline for submissions.

The committee is now urging anyone planning to make a submission to “do so promptly, and to not leave doing so until the final hours”.

The committee has also decided to accept submissions emailed to treatyprinciples@parliament.govt.nz or justice@parliament.govt.nz between January 6 and 9, “provided their email references the technical issues with the website, contains a name, a submission, and meets the conditions put in place by the Justice Committee for this item of business. If your email submission meets the criteria above, you do not need to re-make your submission via the website portal.”

Multiple submissions from a single submitter will only be counted once.

Anyone encountering technical difficulties in online submissions or wishing to check if a submission previously emailed meets the criteria is asked to email treatyprinciples@parliament.govt.nz. Include a screenshot if you hit a technical snag.

A final note from the committee: “Please note that due to the high level of public engagement, you may experience a delay in receiving a response to queries. Committee staff are working hard to support everyone to participate in the committee’s work, and the committee appreciates your patience.”

The committee has advised it will not accept contributions containing “racist material, particularly overt racism and characterising people as racist”. In an interview with the Spinoff, committee chair James Meager said: “We’re very much aware of being in favour of people having their views and being as free speech, as far as possible. But I think there’s a distinction between accusing an individual of being racist and accusing someone’s policies or someone’s ideology of having racist undertones, or, you know, a government policy being racist.”

The treaty principles bill – all you need to know …

What stage is the bill at now?

It was voted for by all three parties of government at first reading on November 14, and referred to select committee for a six-month process.

Which select committee has it been sent to?

The Justice Committee.

Who’s on the Justice Committee?

First-term National MP Jason Meager is the chair, with Jamie Arbuckle of NZ First deputy. Other National MPs on the committee are Cameron Brewer, Paulo Garcia and Rima Nakhle. Labour is represented by Ginny Andersen, Tracey McLellan and Duncan Webb. Making up the Justice-11 are Tākuta Ferris of Te Pāti Māori, the Greens’ Tamatha Paul and Act’s Todd Stephenson.

If those MPs can’t make it, a caucus colleague can tag in. But any MP can head along to any meeting if they fancy it.

How do I make a submission to the committee?

Submissions (in English or te reo Māori) can be made via the parliament website – here – or via post (to Principles of the Treaty of Waitangi Bill, Committee Secretariat, Justice Committee, Parliament Buildings, Wellington). Written submissions can be made in English and te reo Māori and following the decision to reopen, if you haven’t already you can submit any time from now until 1pm on Tuesday January 14. 

Can I email a submission?

Nope (unless you emailed between January 6 and 9 and meet the criteria; see above). 

What about if I want to make a submission in person?

You should check the box saying as much, but there’s no guarantee – given the breadth of response overall, they’re expecting a lot of submissions. The committee won’t make a call on how many oral submissions it will hear – or precisely when – until after January 14, when the written submissions are in. At this stage the plan is to hold hearings (with submitters in person or on Zoom) across four weeks in 2025 – the weeks beginning January 27 and February 10, 17 and 24.

Are there any plans to take the select committee on the road?

Committees are able to travel for hearings should they wish, but so far there has been no indication that will happen for this bill. 

Anything else to bear in mind about submissions?

The committee has advised it won’t accept anonymous submissions and will send back anything containing “racist material, particularly overt racism and characterising people as racist” or “strong swear words” or “abusive personal reflections against MPs or other individuals”.

What has happened so far in parliament?

You can read the Spinoff summary of the first reading here, digest the full debates via Hansard here or watch it as it happened here.

Just quietly, what’s the bill about again?

If enacted, the Principles of the Treaty of Waitangi Bill – here it is – would put into statute a set of principles to guide interpretation of the Treaty of Waitangi, pending a referendum. But it won’t become law.

Says who?

Says the prime minister. The bill was agreed to as part of the National-Act coalition deal, but only as far as select committee. Christopher Luxon has confirmed numerously since that it will be voted down at second reading, after it returns from the select committee. 

What does the select committee do?

It will hear submissions, discuss the proposed legislation and complete a report on its recommendations. Sometimes, if the MPs can’t agree, a minority report will also be issued – though it’s not a separate report, strictly, but a minority or differing view expressed within the committee report.

Like in the Tom Cruise film?

Yes, exactly like that.

Are meetings open to the public?

When submissions are being heard, they default to being open to the public. Other proceedings are confidential.

Can I watch the justice committee hearings online?

Those open to the public will be livestreamed here. 

Is there a way of checking who will appear and when?

When that’s been determined, yes, you’ll find the list of submitters here.

Are submissions made public?

They’ll be posted on the parliamentary website and remain there in perpetuity apart from in exceptional circumstances by order of the clerk of the house.

For more detailed information on the select committee process, go here.