Post by Kiwi Frontline on Feb 2, 2024 12:15:59 GMT 12
Jack Vowles: THE IDEA OF ‘SOVEREIGNTY’ IS CENTRAL TO THE TREATY DEBATE...…
But ACT’s initiative, even if ill-conceived, could still open up a widened debate that is long overdue.
The current Treaty “principles” were devised by the Waitangi Tribunal and the courts, and are based on interpretations of both English and Māori texts. ACT’s draft bill would rewrite the principles according to the English text only – or, at best, on a shallow reading of the Māori.
On the other far side of the debate, Māori “decolonialists” would simply abandon the principles, and advocate a return to their interpretation of the Māori text of Te Tiriti.
The decolonialists are correct on two key points: the Māori text is the original text and has the standing in international law; and the principles derived from both texts are problematic.
However, the decolonialists say Māori did not cede sovereignty in Te Tiriti, only the right for the Crown to govern non-Māori. They then revert back to a poorly defined Treaty principle in calling for an “equal partnership” that would constitutionally entrench a Māori parliament deep in the political process.
I argue against such a major constitutional change. If Māori did not explicitly cede sovereignty in 1840, neither did they fully retain it. Sovereignty is already being shared…..
breakingviewsnz.blogspot.com/2024/02/jack-vowles-idea-of-sovereignty-is.html
But ACT’s initiative, even if ill-conceived, could still open up a widened debate that is long overdue.
The current Treaty “principles” were devised by the Waitangi Tribunal and the courts, and are based on interpretations of both English and Māori texts. ACT’s draft bill would rewrite the principles according to the English text only – or, at best, on a shallow reading of the Māori.
On the other far side of the debate, Māori “decolonialists” would simply abandon the principles, and advocate a return to their interpretation of the Māori text of Te Tiriti.
The decolonialists are correct on two key points: the Māori text is the original text and has the standing in international law; and the principles derived from both texts are problematic.
However, the decolonialists say Māori did not cede sovereignty in Te Tiriti, only the right for the Crown to govern non-Māori. They then revert back to a poorly defined Treaty principle in calling for an “equal partnership” that would constitutionally entrench a Māori parliament deep in the political process.
I argue against such a major constitutional change. If Māori did not explicitly cede sovereignty in 1840, neither did they fully retain it. Sovereignty is already being shared…..
breakingviewsnz.blogspot.com/2024/02/jack-vowles-idea-of-sovereignty-is.html