Submission to the Parliamentary Select Committee on the Principles of the Treaty of Waitangi Bill 2024

Introduction

Ngā Aho Whakaari – Māori in Screen is a legacy not-for-profit organisation with nearly 900 members and a mandate to safeguard and advocate for the rights, aspirations, and cultural expressions of Māori in the screen sector. Ngā Aho Whakaari opposes the Principles of the Treaty of Waitangi Bill 2024.  

This Bill undermines foundational commitments under Te Tiriti o Waitangi, threatening the progress achieved by key organisations such as Te Māngai Pāho (TMP), Whakaata Māori (WM) New Zealand on Air (NZOA), Television New Zealand (TVNZ), RNZ and the New Zealand Film Commission (NZFC), which rely on robust Rautaki Māori to ensure equitable participation, representation, and cultural sovereignty for Māori in the screen industry. These agencies have embedded Māori strategies into decision-making processes that champion te reo Māori, tikanga Māori, and Māori storytelling. The Bill risks dismantling these frameworks and perpetuating systemic inequities.

The Principles of the Treaty of Waitangi Bill jeopardizes the resources, funding, and protections essential for the Māori screen sector and undermines Aotearoa’s commitment to its founding document.

Impacts on the Māori Screen Industry

1. Undermining TMP, WM,TVNZ, RNZ, NZOA, and NZFC’s Māori Strategies

TMP, WM, TVNZ, RNZ, NZOA, and NZFC provide vital funding, support and distribution models for Māori screen projects that promote cultural sovereignty and enhance the visibility and revitalisation of te reo and tikanga Māori. Their Māori strategies are deeply tied to Te Tiriti o Waitangi. This Bill threatens to weaken these agencies' ability to deliver on their commitments, reducing opportunities for Māori filmmakers and content.

2. Threat to Equitable Funding and Resource Distribution

The weakening of Treaty obligations risks perpetuating systemic inequities by undermining the capacity of TMP, TVNZ, RNZ, WM, NZOA, and NZFC to allocate resources equitably. Such a shift would exacerbate disparities in the screen industry, where Māori projects already face challenges in securing adequate funding and representation.

3. Cultural Sovereignty and International Standing

The Māori screen industry plays a critical role in showcasing indigenous stories locally and globally, reinforcing Aotearoa’s reputation as a leader in indigenous storytelling. Undermining Treaty principles threatens the cultural sovereignty of Māori creatives and compromises New Zealand’s standing in the international arena.

Broader Context of Harm

The Bill ignores the historical context of systemic inequities imposed on Māori by race-based policies, such as:

·        Native Schools Act 1867

·        Native Land Acts (1860s-1880s)

·        Māori Representation Act 1867

·        Tohunga Suppression Act 1907

·        Public Reserves, Domains, and National Parks Act 1928

·        Perpetual leases on Māori land

The enduring harm caused by these race-based policies cannot be addressed without acknowledging and rectifying historical injustices. Proposing that race-based policies are now “unfair” dismisses the reality of entrenched disparities caused by race-based policies and contradicts the principle of equity inherent in Te Tiriti.

Recommendations

1. Strengthen Treaty Commitments

Legislation must strengthen the Crown’s obligations under Te Tiriti o Waitangi, particularly in supporting organisations such as TMP, WM,TVNZ, RNZ, NZOA, and NZFC. These obligations are vital for advancing te reo Māori, tikanga Māori, and Māori storytelling and perspectives on screen.

2. Prioritize Māori Strategies

Māori strategies must remain central to the operations of TMP, WM, TVNZ, RNZ, NZOA, and NZFC, ensuring that their actions align with Treaty principles and support Māori aspirations in the screen sector.

3. Engage Meaningfully with Māori Stakeholders

The Crown must engage in robust and meaningful consultation with Māori stakeholders, including Ngā Aho Whakaari, to ensure that all legislation reflects the needs and aspirations of tangata whenua. Tangata Tiriti must also be engaged to uphold the partnership envisioned in Te Tiriti.

Conclusion

The Principles of the Treaty of Waitangi Bill undermines the progress made in honouring Te Tiriti o Waitangi, eroding the cultural protections, funding, and equity mechanisms that sustain Māori representation in the screen industry and beyond. The Waitangi Tribunal’s findings underscore the prejudicial and discriminatory impacts of this proposed legislation, which is fundamentally inconsistent with Treaty principles and New Zealand’s constitutional framework.

Ngā Aho Whakaari opposes this bill and urges the Select Committee to reject this Bill and reaffirm Aotearoa’s commitment to Te Tiriti o Waitangi.

Nāku noa, nā
Kay Ellmers
Tumu Whakarae | Executive Director, Ngā Aho Whakaari

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