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Council urges Government to drop Treaty Principles Bill

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Councillors have agreed to put forward a submission to the Justice Committee, calling on the Crown to abandon the Principles of the Treaty of Waitangi Bill.

The Council has particular concerns that the Bill would negatively impact the trust and collaboration underpinning its long-standing relationship with Ngāi Tahu.  

Chair Craig Pauling said it’s important that Council makes its stance on the Bill known. 

"There are many times in human history where people should have said something, and they didn’t. I don’t believe that speaking out on this issue will inflame the situation – instead, our submission provides clarity and gives our view."

The decision to bring the matter to today’s Council meeting followed a public workshop on Thursday 5 December, where the Bill was discussed.

Our submission's key points

The submission addresses concerns under three main headings: 

  • Constitutional matters 
  • The Canterbury context
  • The financial and operational impacts. 
Craig Pauling, Chair, Environment Canterbury

Craig Pauling, Chair, Environment Canterbury

The submission highlights the absence of consultation with Māori during the development of the Bill, which Council believes is inconsistent with Treaty partnership and the obligation to act honourably and in good faith.

There’s also concern that the Bill overlooks regional nuances. The submission points out that the Council’s successful partnership with Ngāi Tahu has been developed through practical application of Treaty principles in our regional context – an approach which has allowed the relationship to evolve and strengthen over time. The Bill limits flexibility, and doesn’t appear to take into account the progress achieved through years of good-faith dialogue and collaboration in Waitaha/Canterbury. 

Chair Pauling said it’s clear the Bill doesn’t represent the Treaty – neither the Māori nor the European version. 

"People have mentioned that our partnership should be strong enough to remain – should the Bill be passed into law. But it’s hard to make a partnership work when one partner’s rights have been diminished. Partnerships have to be mutually beneficial, or it just won’t work."

Potential of increased costs

At an operational level, the Council notes the Bill would likely result in increased costs through undoing operational efficiencies achieved through its partnership approach. The submission warns of a likely increase in litigation costs as councils, stakeholders and the judiciary grapple with interpreting and applying the new principles. 

The Bill was introduced on 7 November 2024 and is currently before the Justice Committee for public submissions which close on 7 January 2025. 

Council’s submission will be available in full on the 'Our submissions' section of our website.

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