The quiet review that could have far-reaching consequences

While attention has been focused on the Treaty Principles Bill, the government has quietly begun reviewing Treaty of Waitangi clauses in 28 pieces of legislation

Mōrena, and welcome to The Bulletin for Friday, October 25.

In today’s edition: Samoan citizenship bill passes second reading; Dunedin Hospital rebuild proposal could see entire floor scrapped; are Epsom's days as an electorate numbered?; but first, the treaty clause review and the ramifications for the environment

Conservation Act in frame on Treaty clause review

This morning, The Spinoff’s Ātea editor, Liam Rātana, reports on the government “quietly” beginning a review of Treaty of Waitangi clauses in 28 pieces of legislation. As Rātana notes, the review was a part of New Zealand First’s coalition deal with National, and while attention has been focused on Act’s Treaty Principles Bill, this move could have consequences beyond Māori-Crown relations.

Speaking exclusively to The Spinoff, Shane Jones says, “he’s particularly interested in reviewing section four of the Conservation Act, which requires anyone working under the act to give effect to the principles of the Treaty of Waitangi when interpreting or administering anything under the act.” Rātana writes, “The partnership between iwi and the Department of Conservation (DOC) is central in effectively managing New Zealand’s natural environment.”

‘Much greater threat to existing Treaty rights’ than Treaty Principles Bill

Ben Thomas, director of government relations and communications firm Capital and Gone by Lunchtimer, has called the review “a much greater threat to existing Treaty rights than the doomed Treaty Principles Bill because all coalition partners support it.” As Rātana notes, Thomas told Gone By Lunchtime listeners recently that “Seymour gets this [Treaty Principles] bill. Winston Peters and New Zealand First get their review of all of the Treaty clauses in legislation – that might have far more substantive impacts, but it’s flown totally under the radar.”

Officials tell government review could risk further legal battles

Newsroom’s Laura Walters first reported on the review on October 14, detailing the 28 pieces of legislation where the government wants to change or remove Treaty of Waitangi provisions. Walters followed up on October 18, reporting that “Officials have told the government its policy to review legislation including Treaty of Waitangi provisions could risk further legal battles, damage Māori-Crown relations, and won’t stop the courts from “reading the Treaty in anyway”.

Richard Prebble appointed to the Waitangi Tribunal

Former Act leader and cabinet minister Richard Prebble has been appointed to the Waitangi Tribunal. Minister for Māori Development, Tama Potaka, made the announcement yesterday.

A report released in August by the Tribunal determined that the Treaty Principles Bill is unfair and discriminatory and needs to be abandoned. Luke Fitzmaurice-Brown wrote a three-part series for The Spinoff in September outlining the report’s key findings.

Current Act party leader David Seymour congratulated Prebble on his appointment yesterday.

“Richard is also an experienced lawyer, MP, and company director, with an extensive knowledge of te ao Māori. He is exactly the sort of person who should be on the Tribunal,” Seymour said.

Prebble, a columnist for the Herald, wrote about the Treaty Principles bill in February, saying (paywalled): “At one level, Act’s bill is a diversion enabling the coalition to dismantle Labour’s six years of mismanagement. Extreme language is making the Opposition unelectable. But Seymour’s bill is more than a diversion. It is a debate we must have. I have a rainbow of grandchildren. I want for them a colour-blind government with one law for all. It is the way to honour the Treaty.”

Prebble’s appointment follows the appointment of Philip Crump to the board of NZ on Air, Stephen Rainbow as chief human rights commissioner and Melissa Derby as race relations commissioner.

Join us for a one-night only live event

If you're enjoying our countdown of the Top 100 NZ TV Shows of the 21st century, you'll love our upcoming live show in Auckland.

We've enlisted beloved comedians Kura Forrester and Rhiannon McCall, our very own Alex Casey and fellow Spinoff writers Stewart Sowman-Lund and Lyric Waiwiri-Smith to make a case for why their favourite local show should have been #1. Join us at Q Theatre on October 31 for a riotous night out. Tickets are priced between $19.50 - $29.50 (plus fees).

Remedy coming for ‘New Zealand’s most racist immigration law’

As Aui'a Vaimaila Leatinu'u reports for the Pacific Media Network, a bill that aims to restore citizenship to a group of Samoans born between 1924 and 1949 passed its second reading in the House yesterday with unanimous support. I covered the first reading of the Restoring Citizenship Removed By Citizenship (Western Samoa) Act 1982 Bill in April when all parties except National supported it.

Amendments made to the bill at select committee included MPs agreeing not to include the descendants of the cohort, and that the cohort must still pay and apply for citizenship. Former National party MP, Anae Arthur Anae, says the amendments to the bill render it “window dressing” and a “Christmas box with nothing inside it”. Prime minister Christopher Luxon, who is in Samoa for CHOGM, said it was important the bill was contained to those people born between 1924 and 1949.

In 2017, legal expert Graeme Edgeler described the act as “New Zealand’s most racist immigration law”. The Herald’s Audrey Young described it as a “weeping sore” in April.

Dunedin hospital proposal could see whole floor scrapped

RNZ’s Checkpoint understands that under one proposal to rescope the Dunedin hospital build to prevent further cost blow outs, the sixth level of the inpatient building could be scrapped altogether, including mental health beds for the elderly. A leading clinician told the programme that “the plan was ageist and politicians would not dare to do it to paediatric services.”

As the Herald’s Thomas Coughlan reports, a series of documents released yesterday, which date back to 2016, “show officials raising persistent problems with the hospital’s governance, scope, and potential for cost overruns.”

1News reported last night that Whangārei Hospital's redevelopment had been labelled as a project with “significant risk” by Health NZ due to a major funding shortfall.

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The top 100 NZ TV shows of the 21st Century

Mary Lambie and her cat, Jaquie and her diaries, a properly grown-up prequel and a show that started as an online lockdown boredom buster. It’s the top 100 NZ TV shows of the 21st Century, numbers 40-21.

At 9am this morning, we’ll reveal the top 20 and the number one New Zealand TV show of the 21st Century. Sign up to Rec Room to get alerted as soon as the final countdown is live.

My two cents? It’s also just worth subscribing for a great read AND great recommendations from Tara Ward every Friday.

Catch up

Monday: The top 100 NZ TV shows of the 21st Century (100-81)

Tuesday: The top 100 NZ TV shows of the 21st Century (80-61)

Wednesday: The top 100 NZ TV shows of the 21st Century (60-41)

Click and Collect

• Following up on the story from yesterday about the North Island having one less electorate, Andrew Geddis asks whether Epsom's days are numbered.

• Ministry of Health apologises to minister over failure to disclose conflict of interest

• ‘Radical’ shake-up of how the government contracts social services foreshadowed

• What Nate Silver’s gut says about the US presidential election (but don’t trust anyone’s gut, even his, he says)

• Barcelona won't bid to host the 38th America's Cup

Right now on The Spinoff

Lyric Waiwiri-Smith tours almost every western, eastern and southern suburb from every single train line in Auckland. Gabi Lardies introduces the language of home education. Hera Lindsay Bird has some advice for a reader who disagrees with their mother but doesn't want to offend her.

Including this Toby Manhire story again after a broken link yesterday: With the World Cup won, there’s something else the White Ferns really want.

That’s it for today, thanks for reading. See you back here next Tuesday.

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