Tuesday, 14 January 2025 marked a critical moment for Aotearoa New Zealand as submissions on the Principles of the Treaty of Waitangi Bill closed. On the surface, the Bill claims to promote equality under the law. In reality, it risks undermining the foundational principles of Te Tiriti o Waitangi (Treaty of Waitangi), eroding the rights and protections that have been hard-fought by Māori over generations.
B Lab Australia & Aotearoa New Zealand (AANZ) has submitted a strong call for this Bill to be abandoned. Here’s why.
About the Bill: what’s at stake?
Te Tiriti o Waitangi, signed on 6 February 1840, is Aotearoa New Zealand’s founding document. It established a partnership between Māori rangatira (chiefs) and the British Crown, with promises to protect Māori tino rangatiratanga (sovereignty) and taonga (resources), while enabling structured migration and governance. Over time, these principles have been woven into New Zealand law to uphold justice and redress historical wrongs.
The proposed Principles of the Treaty of Waitangi Bill, introduced by the Act Party, aims to legally define the principles of Te Tiriti. Act argues that the current interpretation of the Treaty has divided the nation along racial lines and that the Bill would ensure a fairer, more consistent interpretation through Parliament rather than the courts.
The proposed Bill has been divisive, with the Select Committee’s own submission webpage stating it is “conscious that the bill is controversial”, alongside requests for the omission of abusive or racist content in submissions.
In recent weeks, Opposition MP Hana-Rawhiti Maipi-Clarke’s powerful haka temporarily halted Parliament. Soon after, New Zealand witnessed its largest-ever national march (hikoi), which spanned the country and reached Parliament in Wellington. Reports of the Parliament website crashing under the weight of public submissions highlight the scale of public engagement.
Critics of the proposed Bill, including B Lab AANZ, have raised concerns about the lack of consultation with Māori, Treaty partners, and Māori organisations guided by Te Tiriti, and argue that the Bill would undermine established Māori rights and the Treaty’s role in addressing historical injustices.
The Waitangi Tribunal’s own report on the Bill recommends that it be abandoned, highlighting that if enacted, the Bill would “reduce the constitutional status of the Treaty/te Tiriti, remove its effect in law as currently recognised in Treaty clauses, limit Māori rights and Crown obligations, hinder Māori access to justice, impact Treaty settlements, and undermine social cohesion.”
Equity vs. equality: why the difference matters for Aotearoa New Zealand’s future
At B Lab AANZ, we believe that an inclusive, equitable, and regenerative economy is only possible when we address historic and ongoing systemic inequities. B Lab’s evolving standards for B Corp Certification, set to launch in the coming months, reflect this commitment to justice, equity, diversity, and inclusion (JEDI).
Businesses that achieve B Corp Certification will need to demonstrate continuous, measurable action to protect human rights and build just, equitable, diverse, and inclusive workplaces and value chains. This reflects the leadership of B Corps, as well as changing social and cultural norms for business.
We expect governments to uphold the same principles.
JEDI is founded on a recognition that equality and equity are not the same. Equality assumes everyone starts from the same place and deserves the same resources and opportunities. Equity acknowledges that some groups face historic and systemic disadvantages and require intentional efforts to achieve the same outcomes.
The Principles of the Treaty of Waitangi Bill, if enacted, would remove critical protections for Māori under the law and threaten their human rights. For generations, Māori have faced systemic barriers to accessing their rights and achieving equitable outcomes. This Bill ignores the need for equity and risks exacerbating existing disparities.
Our position is clear: groups who face disadvantage or discrimination through systems, structures, and policies cannot enjoy the same fundamental human rights without specific and intentional plans to protect those rights. The Principles of the Treaty of Waitangi Bill, by removing existing protections, would set us back in our journey towards a fair and equitable society.
The trust decline
Trust in government institutions is declining in New Zealand. According to recent studies, government leaders are now seen as “distrusted,” while businesses are viewed as both competent and ethical. If the people of Aotearoa New Zealand expect businesses to protect human rights and uphold equity, they certainly expect the same from their government.
By pursuing the Principles of the Treaty of Waitangi Bill, the government risks further eroding trust and credibility – not just domestically but also on the global stage. The world is watching how New Zealand handles its unique history and partnership with Māori. Upholding the principles of Te Tiriti is crucial not only for building an inclusive society, but in maintaining New Zealand’s reputation as a leader in human rights and social equity.
Our call to action
B Lab AANZ stands in solidarity with Māori and other advocates, urging the New Zealand Government to abandon the Principles of the Treaty of Waitangi Bill.
We believe that rejecting this Bill is a critical step towards building a just, equitable, and inclusive Aotearoa New Zealand. Honouring the principles of Te Tiriti o Waitangi – partnership, protection, and participation – is essential for fostering unity and creating a future grounded in fairness and equity for all Kiwis.
