Where should the Treaty of Waitangi sit within our law?
Feb 1, 2024
auto_awesome
Elizabeth Rata, a sociologist from the University of Auckland, discusses the Treaty of Waitangi's place in our law. Topics include the lack of a fixed definition, the power grab by retribalists, the debate over including the Treaty in legislation, the legitimacy of the political system, the Māori Party's support for co-governance, sovereignty, historical reasons for present issues in the Māori community.
The guest, Elizabeth Rata, criticizes the retribalists' strategy and argues against the inclusion of invented treaty principles advocating for tribalism in contemporary constitutional arrangements.
Rata emphasizes the importance of individual rights in a liberal democracy and warns about the implications of the retribalist movement for New Zealand's democratic system.
Deep dives
Treaty Principles and Redefinition
The podcast episode explores the Treaty of Waitangi and the New Zealand government's approach to its principles. The New Zealand First party aims to redefine the principles and potentially put them to a referendum. Act party also wants to redefine the principles significantly. Although it is unlikely that a referendum will happen, the discussions around the principles have generated significant debate and interest.
The Invention of Treaty Principles
The guest, Elizabeth Rata, an academic at the University of Auckland, is critical of the retribalists' strategy in inventing new treaty principles. She argues that the principles have no connection to the original 1840 Treaty and were created in the 1980s. Rata opposes the idea of principles that advocate for tribalism, stating that tribalism and democracy are incompatible. She emphasizes the importance of recognizing the historical value of the Treaty as a symbolic document but rejects its inclusion in contemporary constitutional arrangements.
Democracy vs. Communitarianism
Rata argues against the concept of communitarianism and the belief that group rights should take precedence over individual rights in a liberal democracy. She emphasizes the importance of individuals and their political rights within a democratic system. Rata claims that retribalists are promoting a political ideology based on tribalism, attempting to gain power and resources through an invented interpretation of the Treaty since the 1980s. She encourages a thorough examination of the retribalist movement and its implications for New Zealand's democratic system.
Debate on Sovereignty and the Treaty
A debate arises regarding the interpretation of sovereignty in the Treaty. Rata argues that sovereignty was seated by Māori in 1840 through the Treaty, and the subsequent democratic system established in 1853 holds the legitimacy of governance. She dismisses claims that the Treaty's historical context invalidates the current liberal democracy. The host questions whether the historical context and interpretation of the Treaty impact the legitimacy of the democratic system today. Rata mentions the need for discussions on sovereignty, historical awareness, and potential challenges posed by retribalists to New Zealand's democracy.
In the second instalment of our series on the Treaty of Waitangi / Te Tiriti o Waitangi and the Government's plans, Thomas is joined by University of Auckland sociologist Elizabeth Rata to discuss her views on the Treaty, where it sits as a legal document, and how principles play into this.