
It’s January 2nd here in Aotearoa. 5 days left for us to send in our written opposition to the Treaty Principles Bill. We’ve spoken extensively on why this matters to all people in Aotearoa – today I’m going to speak a little bit about why this is important, internationally.
First of all it’s important for us to understand why there has been such little discussion on the international aspects of the Treaty Principles Bill, and this, like many colonial fictions is both intentional, and functional. The particular fiction that I’m referring to is the fiction that Indigenous treaties are domestic documents (often they are treated by colonial governments as domestic race-relations documents). This is a longstanding colonial fiction, along with a few others that seem to cloud the discussion on treaty justice. So let’s outline the foundational facts and fictions for today’s discussion:
| CROWN FICTION | FACT |
| The Treaty of Waitangi has an English version and a Māori version. Both versions are valid, but say different things | All treaties are defined as agreements between two (bilateral treaties) or more (multilateral treaties) political authorities . Only one document comfortably meets this definition: Te Tiriti o Waitangi (written in Te Reo Māori) |
| The Treaty of Waitangi is an agreement between 2 parties: The Crown and Māori | Te Tiriti o Waitangi is a multilateral agreement between the British Crown and 500+ Māori political authorities. Were it between two parties (eg “Māori” and the Crown), it would only require 2 signatures. It holds 500+ signatures because those are the various political authorities |
| The Treaty of Waitangi is a domestic race-relations document | It is not a domestic policy document. No treaty is, and it is legal nonsense to suggest that multilateral agreements are domestic policies |
| The Treaty of Waitangi established the first system of government on this land | Prior to the arrival of Europeans on our shores, hapū were complete nations with our own political and legal systems. These systems did not magically disappear with the arrival of Europeans, and form a part of our social institutions that are protected by Te Tiriti o Waitangi. In Te Tiriti o Waitangi, this is referred to as “tino rangatiratanga”. |
| The Treaty of Waitangi is the source of Māori rights, and about Māori grievance. | There are two sets of rights relating to Māori that are discussed in Te Tiriti o Waitangi: The pre-existing rights of hapū Māori to retain paramount authority over our worlds (ie not sourced from Te Tiriti)Equal rights and privileges as British subjects (never received). Te Tiriti o Waitangi only provided new rights to pākeha. That was the right to call Aotearoa home, on the condition that it would not be at the expense of those whose home it already is (ie Māori). |
These colonial fictions have been necessary for the Crown to maintain across time so that it could maintain power over Te Tiriti o Waitangi. The Crown fiction that Te Tiriti o Waitangi is a domestic race relations document carries out numerous functions for colonial domination, including:
- Enabling the Crown to bring Te Tiriti o Waitangi under the assumed authority of the Crown to reinterpret and review it as it wishes, rather than making it subject to international treaty law
- Removing the Crown from the context of the global colonial project of the West and reinforces the idea that the Crown is an innate feature of Aotearoa
- Enabling the Crown to place Te Tiriti o Waitangi (and all responsibilities within it) alongside other policy and legislation instruments as “competing interests” rather than a primary instrument with dominant responsibilities over and above other rights and interests (especially corporate rights and interests)
- Limiting the ability of people to view and organise themselves around the violation of Indigenous treaties as a colonial crime that is seen around the world
So for this reason, people have become very accustomed to viewing Te Tiriti o Waitangi as a domestic issue, having no relevance to foreign matters or transnational matters like climate change – and that fiction has functioned very well for the Crown government of New Zealand. The truth outlined in the table above remains the truth, whether the NZ Crown government acknowledges it or not – and in fact the journey we have been on as a nation toward Tiriti justice is one that we can describe as a journey of the NZ Crown government slowly acknowledging truths that Māori have always known. Truths such as the fact that Te Tiriti o Waitangi was not a treaty of cession, that Hobson’s English text is not a valid treaty but a fraud, and that Tiriti justice cannot be said to be achieved while political authority is still denied to Māori.

Once we reconnect this story back to the international story of Indigenous treaty violations, we start to see many patterns. We see the way in which colonial nations have drafted treaties with Indigenous treaties only to violate them before the ink was wet. We see, over and over again, Indigenous nations demonstrating remarkable grace, goodwill and generosity towards Indigenous nations. We see, around the world, that it has been Indigenous peoples who have upheld their treaties and continue to drag governments to the table and place the treaty in front of them to remind them of their promises, and we see, time and time again, colonial nations attempting to re-interpret, re-define, water-down and de-contextualise treaties. In fact, in 1999 a paper was published by United Nations rapporteur Alfonso Martinez, on the status of Indigenous treaties. The UN Study on treaties, agreements and other constructive arrangements between States and indigenous populations is a very important study which exposes these patterns seen around the world. International Indigenous treaty expert, Michael Lane from Menominee nation notes these patterns as they arose out of the United States and Canadian governments during a period known as the “Termination Era” where the US government forced Indigenous assimilation into mainstream, English-speaking, Christian American society by getting rid of Indian reservations, terminating all treaty obligations to Indian nations, and by terminating all government programs intended to aid First Nations:
“The Termination policy in the United States in the 1950s sought to sever the legal/political relationship between 103 Indian nations and the US government. Repudiated as an utter disaster and most have subsequently been restored as it were after devastating impacts upon those Terminated. Canada sought to do the same with its White Paper of 1969. In 1978 a US Congressman introduced a bill to abrogate all Indian Treaties (371 have been ratified). The Longest Walk, five months Spiritual Walk and 3000 miles (5,000 kms) ensued from Alcatraz to Washington D.C. that was opposed that and ten other pieces of anti-Indian legislation.” Michael Lane

William Chaplis. Source: Lewis and Clark in Indian Country (Newberry Library)
Importantly, all of these attempts by the colonial governments of so-called USA/Canada to redefine and extinguish treaty rights with first nations were pushed through using the same language of “fairness”, “democracy”, and “equal rights” which framed unique protections as an unfair advantage. This language has been retained by conservative think-tanks today in their opposition to Indigenous rights particularly as they pertain to oil and gas extraction, such as Atlas Network partner the Frontier Center for Public Policy in Canada (previous employer of David Seymour ACT party leader and author of the Treaty Principles Bill), and the Manning Foundation, another Atlas Network partner who has lobbied against Indigenous rights in so-called Canada (also previous employer of David Seymour).
So we can see, very clearly, that the ideology behind this bill is not domestic, but is rather a product of global colonialism. It is a continuation of 500 years of colonisers seeking in every way to protect their stolen wealth, and protect their ability to steal, through colonial policy and legislation. That 500 year story is exactly what creates the levers of privilege within transnational spaces like the United Nations and Bretton-Woods systems of the World Bank, World Trade Organisation and International Monetary Fund. These levers of privilege are the very reasons why the UN cannot stop a genocide, and cannot lower emissions – it is a part of the decolonisation work that needs to be carried out at an international level. People often say that the left is out-organised, and even if that is partly true, it obscures the fact that the right only has to organise half-as-well in order to get traction within global systems, because those systems were designed to benefit the right.
This is exampled by New Zealand’s strongest alliances within the United Nations:
- CANZUS – (Canada, Australia, New Zealand, USA) who also happened to be the collection of nations that uniquely opposed the adoption of the Declaration for the Rights of Indigenous Peoples by the General Assembly when it was first introduced.
- CANZUK- (Canada, Australia, New Zealand, United Kingdom) an alliance built upon our shared Commonwealth history and being “white” in appearance
- CORE ANGLOSPHERE – (Canada, Australia, New Zealand, United Kingdom, United States) an alliance which is credited with creating “transnational governance norms”, and largely shares workstreams in the spheres of immigration, military and surveillance (eg 5 eyes).
- WEOG (Western Europe and Others Group) – The UN regional group within which New Zealand and Australia resides which is uniquely defined by virtue of being colonised (all other regional groupings in the UN are defined by geography). It includes all Western European nations as well as United States, Canada, Australia, New Zealand and Israel.
There has also been considerable discussion on how policy negotiation has evolved over recent decades, from a space where once member states in these alliances would compare their domestic policies, to one where they would co-develop their policies. In many cases, the people at these tables would see and contribute to policies, positions and legislation before it was ever taken through to the people of those nations. Look carefully at the membership – they are all either colonised, or colonising nations. For the colonised nations, their political and economic existence rests upon maintaining colonial domination over Indigenous peoples – they would not look kindly upon Aotearoa-New Zealand’s continued pathway towards Treaty Justice, and would not feel at all comfortable about a future where Te Tiriti o Waitangi is being honoured in its most important way: political authority for Māori.
A Fearful Vision for Colonisers
The New Zealand government has never actually honoured Te Tiriti o Waitangi, as its very existence is a treaty breach – and it will continue to dishonour it until political authority is restored to Māori. That is the journey we have been on, and since 1975 we have made numerous advances towards Treaty justice. As I’ve outlined above, this journey, and the precedent it sets, strikes fear into the black hearts of colonizers all around the world. What would that vision look like?
Well, we know that for the most part, Te Tiriti o Waitangi has been used to protect Aotearoa from overseas interference. Don’t believe David Seymour or Winston Peters for a moment when they say they are New Zealand patriots – the very basis for their attempt to weaken the political status of Te Tiriti o Waitangi is to secure access for their overseas corporate mates to plunder our seabed, our lands, and our waters. Te Tiriti o Waitangi played a significant role, for instance, in curtailing the most harmful aspects of the CPTPP (aka the Transpacific Partnership) Agreement. It also played a strong role in achieving the seabed mining ban which NZ First have now reversed. According it more power will undoubtedly lead to stronger protections in our environmental, human rights and foreign policies, including:
- Protection of our marine territories, one of the largest and most bio-diverse marine territories in the world
- Protection of uniquely climate-relevant territories such as Antarctica (as a member of the Antarctic treaty)
- Multilateral trade agreements
- Foreign policies that relate to Pacific nations
- Foreign policies that relate to the ecological wellbeing of the Pacific ocean (which retains the bulk of the planet’s biodiversity by volume, and is another significant climate-relevant territory)
- Our voting behaviour in relation to climate justice and lowering emissions
- Our voting behaviour in relation to Indigenous justice in the Pacific (eg West Papua, Kanaky, Rapa nui, Guahan, Ma’ohi nui, Hawai’i) and beyond (Palestine, Great Turtle Island-Abya Yala)
In short, a Tiriti led Aotearoa would mark a shift away from the colonial alliances that have wrought devastation far beyond New Zealand’s borders. It’s for this reason that we have reached out to our international allies, both Indigenous and Non-Indigenous for solidarity in this matter – the drivers for this bill are absolutely international in nature, and the consequences for this bill are, too.
The response from the international community has been overwhelming and generous. Many were powerfully moved to express their support when they witnessed Hana-Rawhiti Maipi-Clark’s haka in parliament at the introduction of this bill.
Now, there is an opportunity for that support to turn into material acts of solidarity by writing in opposition to this bill to the Justice Select Committee of New Zealand parliament. People can write in from anywhere around the world – there are no citizenship requirements, there are no residency requirements. It can be as simple as 2 sentences:
- I oppose this bill
- I recommend you reject this bill
Attached below are a series of examples for written opposition to the bill by the incredible Tonatierra Indigenous Embassy. Here is the parliamentary portal for submitting your written opposition. If you need inspiration for your written opposition, here is the Koekoeaa linktree which includes many worthwhile written responses to the bill from Māori and non-Māori. You can also go onto the Koekoeaa facebook page, Instagram account or Tiktok to source information.
Below is our event that was generously hosted and promoted from valued allies around the world – at the end of the event is an incredible panel of Indigenous treaty and legal experts speaking to the importance and inter-connectedness of Indigenous treaties. It is these global allies, the people and organisations who have come together from around the world to support treaty justice for Indigenous nations, that form the basis of our righteousness, the basis of our humanity, and the true vision for a just future for Aotearoa and the World.
In love, respect, gratitude and deep solidarity with you all x


























