The Treaty of Waitangi was signed in February,1840. The preamble shows that it was designed to bring order to a lawless New Zealand by bringing Maori to agree to Crown sovereignty and governorship so that law and order could be established. It is well known that the treaty is not a law, but a significant contract between Crown and Maori so that one law for all could have been established. There are no such things as “treaty rights” . Equal rights for Maori are given under the Bill of Rights Act, Common law and the automatic citizenship one acquires by simply being born and bred here. Despite this the treaty enjoys government and legislative attention and continues to wreck havoc with our legal, fiscal and democratic systems. It is the position of this paper to explain how this is so and to conclude that the treaty ought to be banished from the provision of government to the historical departments of our public libraries.
Contradictions and breaches of the treaty have been well known for over a hundred years. Articles one and two say on the one hand that Maori must give the queen governorship and on the other hand guarantees Maori their own governorship, added to this there are differences between the translations such as the English version claiming Crown sovereignty and the Maori version claiming Crown governorship. Furthermore, the treaty contract has been breached countless times by both Crown and Maori through land wars. For these reasons it is bizarre to continue to purport its validity and significance within our law systems today. In fact the treaty as a contract is invalid precisely because of these contradictions and breaches!
The present contemporary interpretations of the treaty are expressed as principles. These are protection, participation and partnership. However, these principles are a gross over exaggeration of the original document that sought to give the same level of citizenship and equality under the law to both Maori and Europeans. These contemporary principles are now used to guide both clinical and public health initiatives and educational policies. However, these principles are incompatible with the principles of western government which is supposed to stand up for freedom, democracy and the separation of church and state. Applying these treaty principles has had devastating effects on the western principles that our government is supposed to be upholding.
The application of these contemporary treaty principles has always meant and always will mean that Maori will have to be given handouts for every disparity noted, every human intervention that wishes to pioneer this country forward and every government structure that gets created. Recently with the new mega city council Maori claim a breach of the principles of partnership and participation if they don’t get allocated seating in local government. This means that the treaty is being used to violate the course of democracy which states that representation must be earned by voluntary vote. Another example is in the universities whereby intellectuals claim that Maori disparity is a breach of the Crown’s protection for Maori customs and culture. They strongly endorse the idea for race based handouts to be given out specializing in fixing Maori problems . Legislation follows these recommendations and provides funding, compensation and tribute to Maori self-esteem (mana), spirituality and emotionality . It also provides separatist policies which are packaged to give handouts to Maori for communities in a manner that accommodates their airy fairy spiritual culture - courtesy of the hard earned dollars from our pockets . These movements are not promoting their said bi-culturalism but a profound separatism and they are adding fuel to a nationalist socialist movement within Maori.
Funding for Maori spirituality to be taught in schools and in their own communities around New Zealand is a serious breach of the principle of separation of church and state. This separation has been pivotal in bringing about an end to centuries of wars in our history between folks of different religious backgrounds. It brought about the peaceful co-existence of both the religious and non-religious in the modern developed world. Yet treaty activists continue to violate this too in the name of their ‘rights’ under the treaty. In funding one form of spirituality over others the government is showing an act of favouritism that doesn’t represent the majority and will open up a whole can worms bringing religion back into parliament. The government of NZ is selling out its principles of democracy, freedom and separation of church and state to a group of savages that don’t intend to stop until they have this country back in their own hands.
The fiscal drain on our country since the TOW Act passed in 1975 has been phenomenal . Settlements continue to be paid out to tribes which then invest or absorb the money; however, very few Maori actually see a dime. Disparities in health, education and crime are held to be separate issues for most iwi who hold that these are to be further managed by extra government funding. A report from the Act Party showed that the amount spent on subsidies for Maori total $7.3 billion a year. Government budgets in both the Clark and Key regimes allocate over $100 million to address Maori disparity each time. This is all done in the name of treaty rights and crown responsibility to ensure Maori statistics are equal to European. Despite this, Maori disparities such as those in health, crime and education continue to be unprecedented with most disparities reaching over twice that of their non-Maori counterparts!
None of the hard working New Zealanders were asked whether they agreed to being taken out of pocket by compulsion to fund Maori art, language, culture, spirituality, mana and other raced based policies. The stock in trade for all Maori developments by our government has been compulsion, using force, to take money off taxpayers, land off publicly owned property and giving special rights and privileges to Maori exclusively, courtesy of our money also. We all know that treaty settlements were meant to stop at $1 billion. However, billions of dollars continue to be taken out of the New Zealand economy . We are suffering for it too, the OECD reports that the economic development index for New Zealand shows we have dropped from 7th place in 1975 to 22nd in 2008 [6, 7].
The provision under the government that the treaty receives must stop. Legislation which is guided and built on these modern interpretations is anti-freedom and therefore pro-slavery, it is anti-democracy and therefore totalitarian in nature and it violates the principles of separation for church and state. The implementation of the treaty in government is stifling our economy and strangling our progress by demanding the subservience of western government principles to mystical and communist principles inherent in the Maori world view. When put in the hands of a government responsible for New Zealand’s flourishing it is a monstrous document that plays havoc with our system, it is fundamentally evil. As the old saying goes, “for evil to prevail the good must appease it and stay quiet”. It is time for those of you who have always thought “this just doesn’t make sense”, “this is stupid” to stand up and say so. Be courageous and do justice to your reason. Grab hold of your public solidarity and declare that you want the treaty banished once and for all from the claws of our government.
 David Round. Lawyer: The Treaty of Waitangi, its terms and principles. http://www.nzcpr.com/forum/vie...
 Professor Mason Durie’s book: Whaiora: Māori health development (1998) 2nd edition.
 Maori Health Action plan 2006 http://www.moh.govt.nz/moh.nsf/pagesmh/5583/$File/whakatataka-tuarua-action-plan.pdf
 Ministries of Pacific Island Affairs, Education and Transport, Social Development, Local Government New Zealand and the Energy Efficiency Conservation Authority. Treaty of Waitangi Act 1975, Fisheries Act 1983, State Owned Enterprises Act, (SOE) 1986, Te Ture Whenua Act 1993, Maori Fisheries Act 2004, Health and Disability Services Act 2004, Foreshore and Seabed Act 2004 (instigated formation of Maori Paty.
 OECD indicators: http://www.treasury.govt.nz/pu...
 NZ OECD drop to steep to climb: http://www.nbr.co.nz/article/o...