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Former Green MP Eugenie Sage and Rahul Papa made their submissions on Monday.
Former Green MP Eugenie Sage and Rahul Papa made their submissions on Monday.

PoliticsFebruary 18, 2025

Treaty principles bill hearings, day six: ‘A travesty, a tragedy, a call to action’

Former Green MP Eugenie Sage and Rahul Papa made their submissions on Monday.
Former Green MP Eugenie Sage and Rahul Papa made their submissions on Monday.

Everything you missed from day six of the Treaty principles bill hearings, when the Justice Committee heard seven hours of submissions.

Read our recaps of the previous hearings here.

An “insult to every one of our tīpuna” was the first advice the Justice Committee heard on the Treaty principles bill in a seven-hour hearing on Monday. Submitting against, Ngāpuhi Iwi Social Services’ Moana Eruera told the panel a quarter of all tamariki in state care whakapapa Ngāpuhi – “a travesty, a tragedy, a call to action”. The bill would only worsen outcomes for mokopuna and reduce their rights further, Eruera said.

Lesley McTurk, former Housing NZ chief executive and Christchurch City Council CEO, supported the bill as it was “consistent with my belief that we must honour the Treaty and redress past wrongs, of which there have been too many”. She said that while the bill may not proceed, the national conversation sparked about the Treaty is necessary.

Forest and Bird Youth’s Petra Cogger (Taranaki) submitted against the bill, arguing it would leave the environment vulnerable to exploitation without Treaty commitments. Her impassioned submission earned praise from the committee’s James Meager, Steve Abel and Tākuta Ferris, and she offered to email her response to Todd Stephenson’s question on whether the Treaty guaranteed special rights when she couldn’t answer in time. “Tēnā koe Petra, that was great,” Ferris said. “Don’t worry, the answer to Todd’s question is no.”

Urban Māori advocate and former broadcaster Bernie O’Donnell (Te Atiawa) went off script for his submission against the bill, speaking on his experience as a “Māori boomer” – born between the generation of Māori beaten for speaking te reo, and the kōhanga reo generations. “Part of living in a non-te Tiriti world meant that you had to be Pākehā,” O’Donnell said. “We lost our ability to look at the world through a Māori lens.”

Roly Fitzgerald, Te Pūao Māori ward councillor, called on parliament to reject the bill and “wash the stain of assimilation on the fabric of Aotearoa” on behalf of the Palmerston North City Council. Waikato District Council’s mayor Jacqui Church and councillor Lisa Thomson also submitted against, with the evidence that their relationship with local iwi and hapū “enrich” the council’s decision-making.

Amohaere Houkamau (Ngāti Porou), who previously worked as a ministerial advisor during the John Key and Bill English National-led government, submitted against the bill. She said the Key-English era saw a constant effort to uphold Treaty commitments, but this bill represents a “U-turn on what I consider to be one of the more enlightened periods of our parliamentary history”.

Businesswoman Fiona Mackenzie, speaking in support, criticised the “local separatists” who organised nationwide hīkoi against the bill. “New Zealanders are having our democratic rights stripped from us and handed to a dictatorial few – not all Māori, even, just to a few,” she said. When the Greens’ Abel described her as a “white person”, her pale face remained firm: “how do you know that?”

Former conservation minister Eugene Sage described the bill as “the most dangerous piece of legislation to be introduced in 20 years”. She praised the Treaty-based partnership in Te Papa-Kura-o-Taranaki, established in 2014, which has helped to restore ecological vitality. “You get better outcomes for all people and conversation, that restores mana and whakapapa, and opportunity to turn around our biodiversity crisis,” she said. 

Rawiri Wright, co-chair of Te Runanga Nui o Nga Kura Kaupapa Maori o Aotearoa, said Māori were experiencing “cultural defence fatigue”. “We are tired of constantly having to defend ourselves and our way of life,” he said, “but like we have done since the Pākehā arrived in Aotearoa, we will endure.”

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Michael Stevens, who committee chair James Meager called “the people’s professor”, presented for Te Rūnanga o Ngāi Tahu. He spoke about Sir Apirana Ngata’s campaign for Māori to fight in both world wars, which he saw as a way to strengthen relationships between Māori and the Crown and give more mana to Te Tiriti. “The framers and supporters of this bill are ignorant or indifferent towards that sacred backdrop, but the Justice Committee should not be,” he said.

Kara Puketapu-Dentice, the chief executive of Taranaki Whānui ki te Upoko o Te Ika, gave an emotive speech calling the bill “not just an insult to our past, but a threat to our future. It tells us once again that our place in this country is conditional. That our mana, our rights, our very existence as tangata whenua is subject to the political whims of those who sit in power today.”

Auckland councillor Richard Hills said the bill would create legal uncertainty and negatively impact the council’s relationship with the 19 tribal authorities of Tāmaki Makaurau. Fellow councillor Angela Dalton said working with iwi had been beneficial. “It’s our experience that when we engage with iwi from the beginning, we get the best decisions.” Rawiri Waititi asked if council relationships counted as a special privilege. “Maybe for us,” Dalton replied. 

Auckland councillors Richard Hills and Angela Dalton making their submission.

Rawinia Higgins, Victoria University’s deputy vice-chancellor (Māori), said the bill “overreaches on the kāwanatanga principle, and undermines tino rangatiratanga.” She said principle 2 in the proposed bill amounted to “an unreasonable limitation on the rights promised to Māori in 1840” and disregarded pre-existing Māori rights. If the bill were to go to a referendum, she argued that it should only be for Māori. “If this is up for everyone to vote on, then [Pākehā] settlers would have been party to the signing of the original documents,” she said.

A standout among the final submissions of the day was Ngaire Rae, a Pākehā Treaty educator with Network Waitangi Whangārei. She said her group’s work was inspired by Pākehā who stood up against the Springbok tour, those who protested social welfare cuts, and the Pākehā Māori who integrated with iwi pre-1840. “It is from this history that I speak here today,” she said. “The only way tangata tiriti can be truly settled in this land is if we are in an honourable relationship with the people of this land.”

Submissions on the Treaty principles bill will resume on Thursday, February 20.

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A grayscale image showing Brian Tamaki in a jacket speaking into a microphone. Surrounding him are red abstract scribbles, large quotation marks, a megaphone with a spiral design and two tiny mice. The background is a black and red geometric shape.
Brian Tamaki (Image: Tina Tiller)

OPINIONPoliticsFebruary 18, 2025

When protest isn’t peaceful, you don’t have to be a church mouse about condemning it

A grayscale image showing Brian Tamaki in a jacket speaking into a microphone. Surrounding him are red abstract scribbles, large quotation marks, a megaphone with a spiral design and two tiny mice. The background is a black and red geometric shape.
Brian Tamaki (Image: Tina Tiller)

It’s important to respect people’s right to free speech and peaceful assembly, but how much political deference is due when it isn’t peaceful?

Commenting on Destiny Church members storming a children’s event at the Te Atatū library and community centre on Saturday, prime minister Christopher Luxon said it’s important to respect people’s right to free speech and peaceful protest, but the Destiny Church protest went “too far”.

Auckland mayor Wayne Brown also caveated his response to the incident with a similar line about respecting “people’s right to free speech and peaceful protest” but gave it some oomph by calling it “thuggery”. Auckland Council CEO Phil Wilson also dialled in the right to free speech line but left his mark by calling it “outrageous” and “unacceptable”.

While it’s fair and right that leaders slightly hedge their bets when speaking publicly, waiting for facts to emerge, both Brown and Wilson were still able to be confident in their condemnation. Luxon, less so.

The protest in question was not peaceful. Footage of the incident surfaced online very quickly. Brian Tamaki’s Freedomand Rights Coalition West Auckland was live-streaming the event but has since deleted the footage. The Herald reported that the live stream showed church members “attempting to force their way up the stairs” and “two women throwing punches.”

Other media reports over the weekend described members of the church pushing, shoving and punching their way into the library, where families had gathered to attend a children’s science show hosted by drag artist Hugo Grrrl as part of Auckland Pride. The police have confirmed they are investigating allegations of assault. A 16-year-old girl attending a sports event at the community centre suffered a concussion, and 30 people, including toddlers, had to barricade themselves in a room as church members banged on the doors.

A protest with people holding signs such as "Keep politics out of the playground" and "My kids, my choice." A police officer talks to Brian Tamaki. The crowd is diverse, with trees and buildings in the background.
Brian Tamaki at a Vision NZ rally encountering a trans-rights counter-protestor, March 25, 2023 (Image: Troy Rawhiti-Connell)

Destiny Church has a history of protesting LGBTQI+ events and targeting drag performers. Auckland Pride has been on the calendar for a while. You might expect people in leadership positions to have formed some views on these matters, especially when one community in particular has been repeatedly targeted.

When there are reports of toddlers being barricaded in a room because a group of “man up” t-shirt wearers think science education is dangerous enough to justify punching your way into a community facility, tempering your response so much that it becomes an inconsequential wisp of air is giving “wet bus ticket”.

A more full-throated condemnation alongside the oft-repeated line about freedom of speech and assembly would not have required more than a beginner’s grasp of linguistics. Expressing as much concern for the people who were being targeted, intimidated and frightened as you do for the free speech rights of Destiny Church only requires basic empathy.

At his post-cabinet press conference on Monday, Luxon said the protesters had crossed the line, which was “not the Kiwi way”. Speaking in platitudes like this demonstrates Luxon’s continuing problem with authentic communication. As Stuff columnist Damien Grant observed, “Luxon has made it clear he opposes the [Treaty Principles] bill but he has failed to tell us why, nor provide any guidance on how we should navigate the complex issues it has exposed. He does not have a view on asset sales. He talks about fiscal responsibility but isn’t willing to do what is necessary to achieve it.”

In that vein, it’s fair for voters to ask what Luxon actually believes is “the Kiwi way.” What values underpin that for him, and in what way did Destiny Church’s actions breach the sacred national covenant of “our way?”

In trying to please everyone by saying not much at all (except “growth”), you please no one. Staying “on message” 24/7 slowly erodes any understanding of what you stand for, breeding a sense that, like a delicate wee reed, you may very well snap in half, falling at the slightest gust of wind.

WillySmacknTush during a drag king storytime in June 2024.

Destiny Church and others who rail against the trans community and drag performers are using what’s known as drag panic to stir up fear, division and hate. It’s a moral panic that exists in the minds of those adrift from reality, weaponising difference and the uneven playing field occupied by minority groups to infer unfounded concerns about “grooming” and “pedophilia”. There is no justification for it.

Children are most at risk of sexual abuse in their own homes or when in state, institutional or faith-based care. This country has a long list of members of the clergy who have been convicted of sexual abuse and assault crimes against children and a shameful history of abusing and neglecting children in faith-based care institutions. As far as I know, there are no equivalent lists involving drag performers. 

Sometimes, the voices of the fringe extremists riding the frothy waves of global culture war rhetoric and populism sound very loud. For those on the receiving end of their hatred, they’re deafening, but Destiny Church members numbered 1,772 at the 2018 New Zealand census, under a third of the 6,000 claimed by Tamaki. Tamaki’s Freedoms NZ party gained 9,573 votes in the 2023 election. They should not be treated as a majority voice or consequential constituency for any major party. 

On the other hand, in 2023, an Ipsos LGBT+ Pride survey showed that 84% of New Zealanders believe transgender people should be protected from discrimination in employment, housing and access to businesses. On average, a majority of New Zealanders agree that transgender teenagers should be allowed to receive gender-affirming care, that transgender people should be allowed to use single-sex facilities, such as public restrooms, that correspond to their gender and that government-issued documents such as passports should have options other than “male” and “female” for people who do not identify as either. Most New Zealanders aren’t siding with Destiny Church here. Most aren’t panicking about children being taught science at a community library by a drag king.

With all of that on your side, meekly responding to violence rooted in moral panic is the opposite of courageous or astute leadership.

What happened over the weekend wasn’t fair or peaceful, and most voters in New Zealand probably wouldn’t have minded their prime minister voicing his condemnation of a fringe group that terrified children a little bit louder than the squeak we got. Perhaps that is “the Kiwi way”.

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Anna Rawhiti-Connell
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