But the Treaty DOES guarantee sovereignty to all Kiwis – stop the woke academics killing our Treaty!


The woke academics are up to it again folks, this time killing off everyones sovereignty with the Treaty…

Christopher Luxon retains confidence in MP Joseph Mooney who said all Kiwis are guaranteed tino rangatiratanga under Treaty of Waitangi

The National Party leader continues to have confidence in one of his MPs who claimed “every single person in New Zealand” is guaranteed tino rangatiratanga (sovereignty) under the Treaty of Waitangi.

One academic described the comments by Southland MP Joseph Mooney, who’s also the National Party’s Treaty Negotiations spokesperson, as “an utterly incomprehensible interpretation of Te Tiriti”.

Mooney at the weekend, posting on Twitter, commented on a news article about Local Government Minister Kieran McAnulty justifying keeping co-governance in its reset version of Three Waters. 

“I would suggest @Kieran_McAnulty has a read of Ko te tuarua (Article 2) of Te Tiriti o Waitangi and the guarantee of tino rangatiratanga to ‘ki nga tangata katoa o Nu Tirani’ – every single person in New Zealand,” Mooney said.

His comments were blasted by Luke Fitzmaurice-Brown, a faculty of law lecturer from Victoria University.

“Joseph this is an utterly incomprehensible interpretation of Te Tiriti. Whatever you take the extent and limits of the Art 2 guarantee of tino rangatiratanga to be, there’s no doubt at all (and never has been) about who it applies to,” Dr Fitzmaurice-Brown wrote. “It’s a guarantee to Māori – pure and simple.”

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…these woke academics want to kill the Treaty for Pakeha and we shouldn’t allow them to.

The First
The chiefs of the Confederation and all the chiefs who have not joined that Confederation give absolutely to the Queen of England for ever the complete government over their land.

The Second
The Queen of England agrees to protect the chiefs, the subtribes and all the people of New Zealand in the unqualified exercise of their chieftainship over their lands, villages and all their treasures. But on the other hand the chiefs of the Confederation and all the chiefs will sell land to the Queen at a price agreed to by the person owning it and by the person buying it (the latter being) appointed by the Queen as her purchase agent.

The Third
For this agreed arrangement therefore concerning the government of the Queen, the Queen of England will protect all the ordinary people of New Zealand and will give them the same rights and duties of citizenship as the people of England.

Personally I am tired of Waitangi Day.

I’m tired because no matter how much Māori try, Pakeha in this country still don’t get the reason why many Māori protest at Waitangi Day. It’s like living in an abusive home where dad spends most of the year beating his children and then complains when no one wants to celebrate Christmas dinner.

In less than 1 century, Māori lost 95% of their land and their population was decimated to almost extinction levels. That reality of colonialism is at odds with the idea of a ‘treaty’ between two peoples and is the reason why Māori are over represented in every single negative social statistic. Rob a people of 95% of their economic base and then ignore that impact on their current position in society is adding insult to injury.

We should be thankful in this country that Māori have been so generous in their forgiveness of this atrocity. Watch the fury of pakeha having to mow their berms to appreciate how one sided our preciousness of ownership is in this country.

This country’s wealth has been built upon one simple concept, steal as much indigenous land as possible and NEVER pay it back!

For me, I love the Treaty because of the relationship of responsibility it immediately sets up between the Crown and its people. I believe the Treaty needs to be expanded to all NZers and not just Maori because it sets out the obligations of the Crown to protect the rights of its people. We deserve as a nation to entrench the Treaty as the basis of our constitution so we can force Governments to protect our rights rather than strip us of them.

Pakeha want to gloss over the theft and confiscation of indigenous lands because it’s a shameful denial of the promise of a Treaty between two peoples and when you consider the paltry compensation that has been paid back to Maori via the Waitangi Tribunal, it’s a mere $2Billion.

$2 Billion for confiscating the majority of NZ??? What is most egregious is that some Pakeha have the audacity to claim that pathetic reparation is a ‘gravy train’.

It’s not the Treaty of Waitangi – it’s the Cheaty of Waitangi and until Māori get their fair share it’s a national day of embarrassment, not celebration and Māori have every right to use the day to voice their anger at being cheated.

The beauty of the Treaty is that it spells out the power dynamic between the State and all the peoples of New Zealand.

It is the State’s obligation to protect the rights, agency and self sovereignty of all people and seen within that lens, the State has not only failed Māori appallingly, it has failed us all.

Intergenerational poverty, widening inequality, skyrocketing suicide rates, domestic violence rates that never stop, racist justice systems.

The State has failed in its obligations to us all!

Rather than pointlessly demand everyone speaks Māori, why not demand no child is hungry and in poverty?

The enormity of the number of vulnerable children abused by the State in NZ must force reflection…

Royal Commission into Abuse in Care: Estimated 250,000 victims

The numbers are astounding – figures out this morning from the Royal Commission into Abuse in Care estimate there are up to 250,000 victims over 70 years.

They are children, young people and vulnerable adults who suffered beatings, sexual assault and other cruelty while in state or religious care between 1950 and 2019.

The cost to society of the physical and mental injuries, criminal behaviour, homelessness, lack of education and unemployment is calculated at $217 billion.

…at least quarter of a million NZ children abused, costing over $200billion and causing immeasurable social carnage.

200 000 kids in poverty, another 800 000 adults in poverty and entire generations locked out of home ownership, that’s the legacy of NZ, that is the legacy of the State failing to protect our collective rights under the Treaty.

The neoliberal welfare state is an underfunded punitive stick with which to beat the Christ out of the weakest members of society.

We must all hang out heads in collective shame.

This is what happens when a punitive culture of mini tyrants are left in charge of an underfunded process designed to punish the poor.

Once upon a time in New Zealand, the agencies of state welfare were constructed as an instrumental and direct means to ensure our egalitarian values.

Social welfare was seen as a way to redistribute back to the most vulnerable amongst us and these agencies were critical in carrying out that redistribution.

There was a pride involved in this public service, our compassion made us unique and it built the values from which we as New Zealanders have benefitted from.

That simply is no longer the case.

Between the 1950s-1980s, a perverse mix of ignorance, zero oversight and the darker side of our nature dominated large insinuations that acted more like an abusers paradise than a socially progressive democratic welfare system.

For the last 30+ years, the neoliberal experiment has turned our once egalitarian welfare state into a neoliberal welfare state. The branches of social welfare, the MoD, CYFS, Corrections, Parole Services, Housing NZ, WINZ and Mental health have all been warped and mutated into weapons to punish the poor for being vulnerable.

In a culture of me first and gimme, gimmies where success is private and failure is personal , we see the poor as victims of their own circumstance rather than as a result of the hegemonic structures of power.

The poor, the vulnerable, the weak, the sick and the disabled do everything in their power not to be needing assistance from these Government agencies, because these Government agencies don’t help, they only punish.

We have a MoD who put homeless people into illegal housing.

We have a WINZ service who break people each day and force them to grovel on their belly to make ends meet. Who perform mass surveillance spying on beneficiaries to catch them out in ‘relationships’ despite WINZ not telling anyone what the actual relationship equation is and we have 60% of beneficiaries oweing WINZ money because WINZ claims they’ve defrauded the system by having a ‘relationship’.

We have a Corrections department that is more interested in hiding prisoner suicide stats than actually looking after their prisoners.

We have a Paroles Service that almost every NGO despises having to work with because it’s staffed by people who enjoy the power they have over prisoners lives and are concerned with  only throwing them back into prison.

We have an agency that sexually molests, abuses and assaults the children they are supposed to look after while continuing to remove children from families.

We have a mental health system that still sees skyrocketing suicide rates.

22000 are on social housing waiting lists, 1 in 5 children live in poverty and speculators are pricing home ownership out of reach for every generation who isn’t a boomer.

For me, nothing  sums up the horror of our neoliberal welfare state more than what happened in 2016 with the Auckland Action Against Poverty beneficiary clinic they held for 3 days outside a South Auckland WINZ office. Over a 1000 people lined up to beg for help from activists to gain some type of assistance from WINZ.

Just comprehend that.

WINZ are so evil to these people that a 1000 of them lined up to gain assistance from AAAP. Some had walked since before dawn to arrive in time to get help. Many were in tears and emotionally distraught by the way WINZ had treated them.

What kind of an indictment is that?

Right now we have Oranga Tamariki, a neoliberal welfare experiment that argues early intervention will save the State downstream costs and we are seeing the exact same types of State abuses occur again!

Which demands questions of us on the Left.

Is this abuse because of grotesque underfunding of a welfare system that is about punishing the vulnerable or is there something innate about the State that means its lack of oversight and accountability will always be reduced to an abusers paradise?

The older I get, the more convinced I am that the biggest abuser of rights in NZ is the State.

Every passing year I become more of an anarchist at a time when the State will be essential for surviving the climate crisis.

Elections change Governments.

Revolutions change the State.

We need a revolution at the ballot box to seriously reform the State or we are simply enabling it to continue to damage our fellow citizens.

Our forefathers died and bled on foreign shores to prevent Governments from damaging their own people like this, perhaps the real fight was always here.

Allowing woke academics to write Pakeha out of the Treaty is step backwards, not forwards.

We need a Treaty that works for everyone and resets the obligations of the Crown to ensure all our agency and sovereignty.


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  1. The truly amazing thing about the Treaty of Waitangi is that after over 180 years of British/Crown rule, it is still regarded as relevant to our diverse, multi-cultural 21st Century society.

    • That is because that is exactly what it was supposed to do.
      We can rid ourselves of this obligation.
      When some constitutional law professors interpret the Treaty as exclusive, then we can see why we are where we are.

    • That is because that is exactly what it was supposed to do.
      We can rid ourselves of this obligation.
      When some constitutional law professors interpret the Treaty as exclusive, then we can see why we are where we are.

    • Did you not comprehend that the diverse part that you obviously regard as a good thing has entrenched many Maori in poverty while a prosperous settler class developed from the use of all the stolen land? While no side is ever perfect the injustice is plain to see for anyone with full use of their senses, while you would like to regard contracts as irrelevant after ignoring them for 180 years that is not the way to achieve the fair society that we need.

      • Traditionally most “contracts” with indigenous people by Eurooean colonizing powers were completely disregarded by the colonizing power within 20 years of signing, if not much sooner. They were usually just a ploy to establish a bridgehead. Is it justice? Of course not, it’s just the standard seizure of resources by a dominant power.

        This is the never-ending struggle for resources, and it continues today, who controls the resources of New Zealand today? Follow the money, because it isn’t staying in New Zealand. Wake up, look around, most of the people around you are just slaves working on someone else’s plantation in the Pacific.

        Read Countryboys comments if you can, because he’s often right. Your “fairer society” has been sold off long ago & you’re as likely to get it back, as the Maori are likely to receive full & fair recompense for the injustices of the past.

      • So what about all the rich Maori in NZ?
        And all the poor non-Maori?

        Martyn has said it here before, there are actually more poor white kids than Maori kids in NZ.

      • Tow is not a contract.
        There is no way it would even be accepted as a binding agreement nowadays.
        But you could check that with a contract lawyer.

  2. Yes, your right but many NZers including some of our newly minted ones do not want to hear the truth.
    Instead, they prefer to say ‘we are one people ‘and democracy is one vote for everyone, we are all equal and we all have equal opportunities, yeah right. Then there is the line ‘if you work hard, you will succeed because I did.’ They ignore the tainted history of our country yet many NZers are quick to put the boot into other countries to toe the line.

  3. Nationals Treaty spokesperson shows they are not fit to govern, poor choice and still making the same poor selections and decisions. National have obviously not learnt, by continuing to do the old shit and then making excuses but then again this could this be a ploy to get back the red neck vote, the ones Act have captured.

  4. Remember that the majority of Maori leaders signed the Maori version that promises “Tino rangatiratanga” continued control ova their lands and resources. The ambiguity in the Maori & Pakeha text of the treaty should of made that document ‘null and void’ and automatically reverted back to the original treaty signed between the the british crown & the chiefs of the confederated tribes called the ‘Declaration of Independence’ signed in 1835 five years before the treaty of Waitangi which was hurriedly put together.

    Maori have had to remain patience and play the long game because of European exceptionalism mostly in fear of pakeha aggression (Te riri pakeha)

    Most TDB commentors & pakeha generally wouldn’t understand or even know about the brutality & ethnically cleansing of Maori communities by pakeha and their institutions that today are responsible for upholding law and order. These institutions help keep european exceptionalism at the top of the food chain and are responsible for the continued subjugation of Maori people. (Police, Courts, Parliament, Corrections, etc…)

    Times are changing and there’s a new player coming to town and they’re might be considered more palatable for Maori aspirations than the current regime.

    • I’m sure after realizing this total misunderstanding, all the Europeans will happily pack up and leave.

      It will be interesting to see what the ethnic make up of New Zealand is after 2023 census results are complied. What percentage is European? Asian? Pacifica? & Maori? And what percentages of Asian is made up of Indian & Chinese? In such a multicultural & diverse population, democracy is really the only way forward.

      • No Comment, Well if that’s the case I’m sure they’ll be welcomed & comfortable in their ancestral lands in the UK or where ever they decide to lay their heads?

        • Unfortunately that’s not the way conquest works, you take it, you hold it, until someone else takes it from you. Some will take it from you with a gun, some with a pen & paper, others with a pile of money. You either move forward to try & live in harmony or you fight yesterdays battles in the name of injustices done to your ancestors for a thousand years just like the Balkans. One way doesn’t end well.

    • “The ambiguity in the Maori & Pakeha text of the treaty should of made that document ‘null and void’ and automatically reverted back to the original treaty signed between the the british crown & the chiefs of the confederated tribes called the ‘Declaration of Independence’”

      Or where there is ambiguity, the Māori version of ToW should take precedence. As you say, the majority of Māori leaders signed the Māori version and I’d add it was agents of the crown who drew up the treaty, so it was their responsibility to ensure there was no ambiguity between the translations.

  5. Now Labour want to devalue non Māori’s vote,supported by the Prime Minister,Willie Jackson and Kieran McAnulty.
    How’s that going to go down at election time?

  6. Some te tiriti activists will yell at Martyn that it is their treaty only, no-one else can have an opinion.

    And some racists will yell at Martyn that they themselves never signed it anyway and refuse to recognize it has any importance at all.

    • However the Treaty we have been operating under for over 180 years is the European interpretation of the English version. Only fools & those with something to push believe otherwise.

  7. A simple message would be to take the race out of the social contract between government and all the people it is supposed to protect. The divide is worse now than it was 5 years ago and we are all the poorer for it . How can the country progress if some are looking backwards .China has progressed because they have a 100 year plan not a 3 year one .

    • State Oppression in China is worse than ever, don’t kid yourself that China is bed of roses these days and everything is hunky dory.

  8. Tangata whenua are the only ones that care about the country and the health of the environment and the county’s waterways.

    • Rubbish. Maori are we human as everyone else. They will lie, steal, abuse the environment and pollute just like every other race.

      How many species did Maori make extinct in a few short decades? Never thought of farming moa?

      Sorry, to break it to you, Maori are not special, they’re just like everyone else

    • People born of this land, made up every race and creed under the sun, care about the country and the health of the environment and the country’s waterways.

    • Rubbish some do some do not just the same as Pakeha or Chinese people or any other nationality. Being Maori does not mean you know how to look after the land .It was Maori who burnt much of the forest pre Colonial rule took over .It was Maori that exterminated the Moa and other animals and introduced the rat .

      • Trevor, that the micro-aggression that Maori face from Pakeha daily. The Moa and the burning down the forest is used by pakeha to justify pakeha racist attitudes towards Maori this isn’t new.

        But look deeper into your comment there are major falsehoods and misrepresentation of these issues which normally focuses on the lurid and exaggerates the extreme.

  9. Good article Martyn and the start of examining what the Treaty means for all of us. Yes includes all of us, but current discourse is being blown of course into a dead end by identity politics. Convo should be in the context of providing suitable redress. protecting the rights of all NZers and targetting help by economic class.

  10. Good problem definition. I share your outrage. But outrage is not enough we must also propose solutions.

    The good woke professor puts forward a solution that is non inclusive and cannot be supported by me.

    There are options in He TePuaPua. I have a preference for a restructuring of government where a veto of a higher house will play a role. To achieve this we need to vote down the British monarchy. Republic!
    What are the consequences of being a republic?

      • At least we are now allowed to comment and share our opinions on this matter. That by itself is liberating.
        Will stuff ever follow suit?
        I find stimulating food for thought here on TDB and the Platform. It will take some time before I will trust any journalist, but I love reading Trotter and TDB, I browse Kiwiblog and follow the platform with interest. These sources alert me to breaking stories and then I can do the research.

    • Oddly I agree with the idea of a higher house as Martyn has advocated numerous times. That could be a genuine co-governance institution.

      I see it functioning like the UK House of Lords. It may seem anti-democratic even elitist, however in the last few decades it’s been the last line of defence, rejecting some truly draconian legislation that the Commons voted through under both Labour and Conservative governments.

      The House of Lords is anachronistic but empirically it seems to work, I’d be willing to give it a try here.

    • Cook never bought any land from Maori, the haters and wreckers just want to paint him as the evil arrogant colonial white man responsible for all their problems when in reality he was a humane and enlightened man, and a working class Yorkshire lad to boot.

    • Actually that cartoon is a very poor representation. Neither party thought “Gotcha”. Maori thought that the British would control their people, while they would retain their rights over their people & lands. There was no intent to gain an upper hamd over the British, they didn’t need to think that, they already had that. The British were few in numbers & posed no threat.

      The British representatives didn’t think it either, they had done the job they were tasked with, they had written a Treaty that was acceptable to Maori, which would protect their rights & property, and had got the document signed by a good number of chiefs. A success. New Zealand would be properly protected against other European powers and Maori now had the same rights & privileges as British citizens.

      Of course, even with the best of intentions, once scores of settlers started arriving, all wanting land, greed & racism take over, and whatever noble intentions there were at the Treaty signing, these are soon trampled into the mud & blood of anyone getting in the way of the pursuit of wealth.

  11. ” 200 000 kids in poverty, another 800 000 adults in poverty and entire generations locked out of home ownership, that’s the legacy of NZ, that is the legacy of the State failing to protect our collective rights under the Treaty. ”

    Bomber where was the focus of TMP when they joined the shyster and his corrupt gangsters for nine years and NEVER ONCE protested at Key’s privatisation plan of selling ( against the views of the majority of Kiwis ) our water. And the draconian polices including after promising no new taxes increased GST to pay for his donors injection of funds to the National party and to protect his wealthy supporters

    The brown elite who worked out some time back that the white mans capitalist system once you have money was not that bad after all ..despite the resources being given back with the intention of not just righting the confiscation but returning the land and resources back to the Maori tribes throughout the mutu.

    The treaty does not guarantee ” economic sovereignty ” to the people when elected dictatorships remove that sovereignty all in the name of of free market reforms supported and financed by the top 1% and the other financial gangsters foreign and domestic who are encouraged to plunder our sovereignty all in the name of greed and capitalism at the detriment of the many and not the few.

    The woke are a temporary but convenient handbrake to the financial war being raged against the majority of those the treaty should protect.

    ” This country’s wealth has been built upon one simple concept, steal as much indigenous land as possible and NEVER pay it back! ”

    Yes and then lye in the same bed with neo liberal capitalists and sign up to the very same policies that impoverish and steal from so many of our whanau brown and white.

    • “The woke are a temporary but convenient handbrake to the financial war being raged against the majority of those the treaty should protect.”

      You think? Rest assured, the looting continues largely unabated, just a little more discreetly with Labour in power, you at least get a smile, and maybe a hug before they shaft you.

  12. The academics simply stated the facts – article 2 refers to the taonga of the iwi.

    Mooney talks about all, as an apologist of the theft.

    He’s confusing the one New Zealand of article 3 with article 2 – he makes Brash seem moderate.

    That said the issue here is who owns the water, Labour and Greens say no one owns the water, and NACT say New Zealanders do, and John Tamihere leads with his jaw and says Maori do.

    • The maori king claims maori own the water rather than everyone or no one owning water. There is an argument that maori have a wai property right under the treaty. If one economic group own the rain and sell water or water rights what liability do they have in times of drought or flood? Do they have to provide flood banks to stop “their water” from flooding other people’s property? Do they have to pay compensation to farmers and city dwellers in times when they have not supplied enough rainwater?

    • Under the treaty infrastructure (settlements with the waitangi courts on top) water would have “personhood.”

      A person is a rational, intelligent being that can be given rights and responsibilities, but also held accountable for its actions. A tsunami doesn’t go to jail when it destroys cities, but they don’t get to vote either, because they aren’t persons.

    • NACT will be selling off what’s left of our clean water supply once they are re-elected probably already organised a buyer ie Nestle, or Coca Cola.

      • If they did rate payers would slaughter them and lose the tag “sound economic management.”

        Could you imagine water rates being the same as your electricity bill?

        I hate to think what a National Party in decline would do to New Zealand.

  13. Brilliant! The most important bit of Te Reo for all non-Maori to learn is Tena koa ka taea e au te nama tetahi wahi o to whenua mo nga tau 90 neke atu ranei.

  14. If Maori own the water they must own everything and I’m sure they’d like to claim it.
    Can anyone say then how Maori would have come from the stone age into the modern world of James Cook to the present day and be able to partake of all the colonial oppressors’ worldly goods, devices and way of life if they hadn’t signed the treaty and joined in with the task of setting up a new country?
    We are all brothers and sisters in this together. We need a true leader to come forward and unite us and make us feel as if we are a family of 5 million.

  15. New Zealand is a country where penniless migrants can build a future. One generation after Asian immigrants arrive they’re professionals: doctors, lawyers & engineers.
    Maybe Maori should take note of their hard work and family culture then emulate it, rather than whinging about the past.

  16. Protection and Keeping Citizens Safe – the promise of protection in return for governance and loyalty.
    What we see in the family courts of NZ are lawyers exploiting the vulnerable for money while protecting the criminal abusers of the most vulnerable and inciting and inflaming conflict for money – this is not protection – they are not protecting the most vulnerable in NZ – the police will not prosecute those committing Psychological abuse on a child or elder abuse on our most vulnerable and they certainly will not prosecute lawyers caught engaging in these practices. Lawyers protecting lawyers as we have seen in the abuse in state care enquiry – who then actively engage in reputation attacks and blame shifting on victims and witnesses to avoid liability and damages payouts.
    We consent to be governed on the basis that the law abiding citizen will be protected – this is not happening in NZ. Criminals are being protected as the state hunts people down for victimless crimes and revenue – civil law enforcement rather than criminal law enforcement – a direct result of the police and traffic merger of the late 1990’s.
    This failure is A direct breach of the both the treaty and social contract between citizen and government.

  17. Yes, Ngungukai and National are also trying to claw back some of their red neckers including our precious farmers.

  18. Here. This has something to do with it.

    “The Māori version of article 2 in the Treaty of Waitangi uses the word “rangatiratanga” in promising to uphold the authority that tribes had always had over their lands and taonga. This choice of wording emphasises status and authority.”

    Whereas the Tauiwi thinks… “The English text, the Queen guaranteed to Māori the undisturbed possession of their properties, including their lands, forests, and fisheries, for as long as they wished to retain them.

    Over the decades there has been a complete and blatant 180 u-turn on this, without involving Māori.”

  19. Harete Hipango has said her standing in the Te Tai Hauauru seat shows her party, National have respect for Maori voters, now if they do as she claims then why is she not the TOW spokesperson and why do they have that twit in there who doesn’t know what he is talking about.


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