Introduction
Deaf Aotearoa is the primary non-government organisation representing the voice of Deaf people, and we are the national service provider for Deaf people in New Zealand. We are the Disabled Peoples Organisation (DPO) for Deaf people, and we are part of the DPO Coalition. Our aim is to act in every way within New Zealand, and internationally as appropriate, for the best interests, wellbeing and aspirations of Deaf people and to work towards the goal of equality and full participation in society by Deaf individuals.
Comment
The Bill and associated explanations have not been provided in New Zealand Sign Language (NZSL); one of New Zealand’s official languages. As a result, this consultation is not accessible to the Deaf community and is a breach of Deaf people’s equal rights to access information on the basis as everyone else. This consultation approach is disrespectful to all Deaf New Zealanders and for those whose preferred language is NZSL.
Turi Māori
Deaf Aotearoa has two Turi Māori on its Executive Board. Our President is Turi Māori. Access to te Ao Māori is critical to the mana, cultural identity, hauora, and socio-economic participation of Turi Māori and their whānau. For Turi Māori, access to te Ao Māori through NZSL and signs for Māori concepts are critical. Any reduction in rights for Māori also apply to Turi Māori. This is not acceptable to us.
General Position
Deaf Aotearoa does not support the Bill.
It is our view that this bill is highly damaging and undermines decades of redress efforts, which have sought to address breaches by the Crown over the past 180 years. It distorts the original intent of Te Tiriti o Waitangi, which was a relationship founded on respect and kotahitanga (unity) between two sovereign nations.
Māori have already suffered major losses from colonisation, including land confiscation, disruption of their social structures, and erosion of their culture. These actions were based on the Crown’s assumption that it could override Māori rights and sovereignty. This Bill undermines the agreement that founded our nation.
Deaf Aotearoa is concerned that it overrides principles that have been developed through statute and the Waitangi Tribunal over the last 40 years, particularly partnership, reinforcing a power imbalance in which Māori are subordinated to the will of the Crown. This is unfair because it denies the specific and enduring rights of iwi and hapū and denies Māori their rightful place as equals in the governance of Aotearoa and disregards their status as the first peoples of the land. Removing Māori rights today continues this pattern of historical injustice.
We also concur with the statements from the Waitangi Tribunal Part II interim report, as follows:
- If this Bill were to be enacted, it would be the worst, most comprehensive breach of the Treaty/te Tiriti in modern times.
- This exclusion of Māori from any say in a process to abrogate their fundamental rights is extremely prejudicial. The impacts will not fade for a long time even if the bill does not proceed beyond the select committee. Any trust or goodwill earned by Treaty settlements is under threat. The Māori–Crown relationship is being damaged, as officials have repeatedly advised.
- In respect of the proposed content of the bill, as approved by Cabinet, the Crown and claimant evidence agreed that the revised principles, although supposedly based on the articles, do not reflect the texts or the meaning of the Treaty/te Tiriti.
Recommendation
We recommend staying with the status quo, ie the Courts and the Waitangi Tribunal would continue to articulate the meaning of the Treaty principles in line with existing practice.
Thank you.
