Wikipedia

Treaty Principles Bill

The Treaty Principles Bill, or the Principles of the Treaty of Waitangi Bill, is a bill by David Seymour of the ACT New Zealand party. It aims to define the principles of the Treaty of Waitangi.[2] Prior to the 2023 New Zealand general election, ACT had campaigned against the Sixth Labour Government's co-governance policies and advocated a binding refendum on co-governance.[3] ACT rejected the idea that the Treaty of Waitangi was a partnership between the New Zealand Crown and Māori tribes (iwi), arguing that the Crown had a right to govern all New Zealanders.[4]

Principles of the Treaty of Waitangi Bill
New Zealand Parliament[1]
Legislative history
Introduced byDavid Seymour[1]
Committee responsibleJustice Select Committee[1]
First reading14 November 2024[1]
Voting summary
  • 68 voted for
  • 54 voted against
Summary
The purpose of this bill is to set out the principles of the Treaty of Waitangi in legislation and to require, where relevant, that those principles must be used when interpreting legislation.[1]
Status: Pending

After the formation of the Sixth National-led coalition government, the National and New Zealand First parties agreed to support the legislation up to the select committee level while ACT dropped its demand for a referendum.[5][6] Following a leak in January 2024,[7] ACT released a draft of the proposed bill in February 2024 and embarked on a public information campaign to promote it.[2][8] Since its announcement, the Treaty Principles Bill has generated much controversy and drawn criticism from Māori leaders and bodies including the Waitangi Tribunal, the opposition parties Labour, Green, Te Pāti Māori, religious leaders and lawyers.[9][10][11][12]

On 14 November, the Treaty Principles Bill passed its first reading despite strong opposition from the Labour, Māori and Green parties.[13]

On 19 November, the select committee started public submissions on the bill closing on 7 January 2025.[14]

Treaty of Waitangi

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Main article: Treaty of Waitangi

In 1840, the Treaty of Waitangi was signed between representatives of the British Crown, various Māori chiefs from the northern North Island, and later a further 500 signatories. It includes a preamble and three articles in two languages, English and Māori. As some words in the English treaty did not translate directly into the written Māori language of the time, the Māori text is not an exact translation of the English text, particularly in relation to the meaning of having and ceding sovereignty.

The points of difference in the Māori version were in articles 1 and 2 of the treaty. "Sovereignty" was translated as "kāwanatanga" which means 'governance' and many chiefs believed they were ceding the government of the country but maintaining the rights to manage their affairs. "Undisturbed possession of properties" was translated as "tino rangatiratanga" of "taonga katoa", This means 'chieftainship/full authority' over 'all treasured things'.[15][16][17]

Principles

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In 1975, the New Zealand Parliament introduced the Treaty of Waitangi Act 1975 which founded the Waitangi Tribunal and established that there are Principles of the Treaty of Waitangi, but the Act did not define them.[17] Treaty principles have since been defined by the courts, Waitangi Tribunal and the Crown.[18][19][20]

Background

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In March 2022, the libertarian ACT Party announced that it would introduce a new law defining the principles of the Treaty of Waitangi if elected into government following the 2023 election. This law would only come into effect following a referendum on Māori co-governance arrangements that would be held at the 2026 general election. The party's leader David Seymour also called for a referendum on co-governance as a condition for entering into coalition with any future government led by centre-right National Party. Seymour argued that the 1840 Treaty of Waitangi was not a partnership between the New Zealand Crown and Māori, and therefore co-governance arrangements were not a "necessary extension" of that. He also claimed that co-governance arrangements created resentment and division.[3] ACT's proposed law and referendum would affect co-governance arrangements at several Crown Research Institutes, state-owned enterprises and healthcare providers such as Te Aka Whai Ora (the Māori Health Authority). However, Seymour indicated that the new law would preserve existing co-governance arrangements with the Waikato, Ngāi Tahu, Tūhoe and Whanganui iwi (tribes).[21]

In response, Māori Party co-leader Debbie Ngarewa-Packer and Professor Linda Tuhiwai Smith described ACT's proposed co-governance referendum and policies as being motivated by racism and reflecting a "Pākehā" unwillingness to share power. Similarly, Waikato leader Rahui Papa claimed that ACT's co-governance policies clashed with the second and third articles of the treaty which (he argued) guaranteed Māori participation in the social sector.[21][3] In response, Prime Minister Jacinda Ardern reiterated the Labour Government's commitment to co-governance arrangements. Meanwhile, National Party leader Christopher Luxon refused to commit to a referendum on co-governance, but acknowledged that further clarity on co-governance was needed.[3]

In October 2022, ACT released a discussion document entitled "Democracy or co-government?" which proposed a new Treaty Principles Act that would end the focus on partnership between Māori and the Crown and interpret "tino rangatiratanga" solely as property rights. By contrast, most scholars of the Māori language define "tino rangatiratanga" as the equivalent of "self-determination" in the English language. The proposed Treaty Principles Act does not mention Māori, the Crown, iwi (tribes), and hapū (subgroups) but refers only to "New Zealanders". ACT Party leader Seymour refused to identify whom his party had consulted when developing its co-governance and Treaty of Waitangi policies, particularly its redefinition of "tino rangatiratanga" as property rights. As part of ACT's "colour-blind" policies, its social-development spokesperson Karen Chhour advocated the abolition of Te Aka Whai Ora.[4]

Coalition agreement and 2024 leak

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Following the 2023 New Zealand general election, a National-led coalition government was formed with the support of the ACT and New Zealand First parties in late November 2023.[22] As part of ACT's coalition agreement with the National Party, the parties agreed to introduce a Treaty Principles Bill based on existing ACT party policy and support it to a Parliamentary select committee. In return, ACT dropped its election demand for a referendum on the Treaty of Waitangi.[23][6]

On 19 January 2024, a Ministry of Justice memo on the proposed Treaty Principles legislation was leaked. The proposed bill had three principles: that the New Zealand Government has the right to govern all New Zealanders; the New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property; and that all New Zealanders are equal under the law with the same rights and duties. The Ministry's paper expressed concerns that the proposed law would conflict with the rights and interests of Māori under the Treaty of Waitangi, that the Crown was trying to define Treaty principles without consulting with Māori, that the Bill breached international agreements such as the International Covenant on Economic, Social and Cultural Rights, and that it infringed on the Māori right to self-determination. Seymour claimed the memo was a "natural reaction" from a bureaucracy that had "presided over increasing division over these issues", but stated the Ministry of Justice was not biased in its advice.[7]

The leak came on the eve of King Tūheitia's national hui on 20 January. In response, Minister of Justice Paul Goldsmith confirmed that the Justice Ministry would investigate the leak and described the document as a draft that had not yet been considered by the Cabinet. In addition Seymour, who had promoted the legislation, accused the Ministry of being part of a bureaucracy that was "resistant to change." Te Pāti Māori co-leaders Rawiri Waititi and Debbie Ngarewa-Packer used the leak to rally opposition against the Government's proposed constitutional changes.[7][24]

Following the leak, staff from other government agencies became required to physically visit the Ministry of Justice offices to look at hard copies of Cabinet papers relating the Treaty Principles Bill to prevent leaks.[25]

Draft release

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On 7 February 2024, ACT embarked on a public information campaign to promote the Treaty Principles Bill. This campaign includes the creation of a new website called "treaty.nz," which has a Questions and Answers section outlining the party's approach to the principles of the Treaty of Waitangi and a video featuring Seymour. Seymour also contested claims that the government was trying to rewrite or abolish the Treaty of Waitangi. The public information campaign also came after a leaked Justice Ministry memo claimed that the proposed bill clashed with the text of the Treaty.[2][8]

ACT's proposed Treaty Principles Bill consists of three articles, It sets out three articles,[2][8]

Article 1

Māori: kawanatanga katoa o o ratou whenua

The New Zealand Government has the right to govern all New Zealanders

Article 2

Māori: ki nga tangata katoa o Nu Tirani te tino rangatiratanga o o ratou whenua o ratou kainga me o ratou taonga katoa

The New Zealand Government will honour all New Zealanders in the chieftainship of their land and all their property

Article 3

Māori: a ratou nga tikanga katoa rite tahi

All New Zealanders are equal under the law with the same rights and duties

Legislative history

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Introduction

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On 9 September 2024, a draft outline of the Treaty Principles Bill was tabled at a Cabinet meeting, with its basic outline being signed off. ACT leader Seymour also confirmed that the legislation would mention hapū (sub-group) and iwi (tribal) rights to tino rangatiratanga (self determination) and property ownership in Article 2. Cabinet agreed for the following principles to be included in the Bill:[26][27]

1. Civil Government: The Government of New Zealand has full power to govern, and Parliament has full power to make laws. They do so in the best interests of everyone, and in accordance with the rule of law and the maintenance of a free and democratic society.

2. Rights of Hapū and Iwi Māori: The Crown recognises the rights that hapū and iwi had when they signed the Treaty. The Crown will respect and protect those rights. Those rights differ from the rights everyone has a reasonable expectation to enjoy only when they are specified in legislation, Treaty settlements, or other agreement with the Crown.

3. Right to Equality: Everyone is equal before the law and is entitled to the equal protection and equal benefit of the law without discrimination. Everyone is entitled to the equal enjoyment of the same fundamental human rights without discrimination.

While Seymour expressed hope that the coalition parties would support the Bill after its first reading, Prime Minister Christopher Luxon reiterated that the National Party would not support the bill beyond its first reading. Similarly, New Zealand First also pledged not to support the Bill beyond its first reading.[28][29] The final version of the bill will be considered by Cabinet again before its introduction to Parliament in November 2024.[30] Cabinet also agreed that the Bill would undergo a six month-long select committee process, concluding in May 2025.[29] On 5 November 2024 it was announced the Bill's timetable was to introduce it to Parliament on 7 November, with the first reading debate advanced to the week of 11-15 November.[31] Prior to that the times had been understood to be:

Bill timeframe[32]
Milestone Date
Parliamentary Counsel to draft Treaty Principles Bill 2 September 2024 – 9 October 2024
Cabinet LEG Committee 7 November 2024
Seek Cabinet approval on Bill 11 November 2024
Bill introduced 18 November 2024
First reading and referral to Select Committee 21 November 2024
Select Committee report back (6 months) Week ending 16 May 2025
Remaining House stages May 2025 – June 2025

First reading

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Principles of the Treaty of Waitangi Bill

The Treaty Principles Bill passed its first reading on 14 November 2024. While the National, ACT and New Zealand First parties supported it, it was opposed by the Labour, Green and Te Pāti Māori parties. During the debate, Labour MP Willie Jackson was ordered to leave by Speaker Gerry Brownlee after refusing to withdraw a comment accusing ACT leader Seymour of lying about the Treaty of Waitangi. Te Pāti Māori MP Hana-Rawhiti Maipi-Clarke was also suspended for 24 hours by the Speaker after leading a haka ("Ka Mate") involving members of the public that caused parliamentary proceedings to be delayed for half an hour.[13][33]

Votes at first reading (14 November 2024)[34]
Party Voted for Voted against
National 49 0
Labour 0 34
NZ First 8 0
Green 0 15
ACT 11 0
Te Pāti Māori 0 5
Totals 68 54

Reception

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Regulatory Impact Statement

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The Ministry of Justice's Regulatory Impact Statement says the Bill "does not accurately reflect Article 2, which affirms the continuing exercise of tino rangatiratanga. Restricting the rights of hapū and iwi to those specified in legislation, or agreement with the Crown, implies that tino rangatiratanga is derived from kāwanatanga. It reduces indigenous rights to a set of ordinary rights that could be exercised by any group of citizens."[35]

Māori responses

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In January 2024, the Māori King Tūheitia Paki called for a national hui (meeting) on 20 January to unify Māori and discuss the potential impact of the Government's Treaty policies.[7] On 15 January, Tūheitia raised the matter of the Bill during a private meeting with Prime Minister Christopher Luxon and Minister for Māori Development Tama Potaka .[36]

On 9 May 2024, Ngāpuhi Kaumātua (tribal elder) Hone Sadler and several claimants filed a challenge against the Treaty Principles Bill at the Waitangi Tribunal, describing the proposed bill's interpretation of the Treaty as "inaccurate and misleading." They also contended that Māori never ceded sovereignty to the New Zealand Crown.[37] On 15 May, the Tribunal heard testimony from University of Auckland Māori Studies Professor Margaret Mutu, who described ACT's Co-Government Policy Paper as "nonsensical" and a misinterpretation of the Treaty. In addition, Northland iwi Ngāti Kahu submitted a letter to King Charles III, calling on him to stop what they called a "violent attack" on the Treaty.[38]

On 16 August 2024, the Waitangi Tribunal released its interim report into the ACT party's Treaty Principles Bill and New Zealand First's proposed review of the Treaty clauses. The Tribunal recommended that the Treaty Principles Bill and the Government undertake a process to undo damage to the Māori-Crown relationship.[9]

Political parties

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During Māori King Tūheitia Paki's 18th Koroneihana (coronation anniversary celebration) in mid-August 2024,[39] both Prime Minister Christopher Luxon and NZ First senior minister Shane Jones reiterated that National and NZ First would not support ACT's Treaty Principles Bill beyond its first reading. In response, ACT leader David Seymour said that Luxon and Jones had "closed their minds" when the legislation had not yet finished drafting.[40]

NZ First

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On 23 August, NZ First leader Winston Peters stated during Question Time in Parliament that he was willing to change his mind on the Treaty Principles Bill "if there was prevailing compelling evidence to change one's mind." When Labour leader Chris Hipkins pressed Peters further on the matter, Peters said that Māori leaders Peter Buck, Maui Pomare and James Carroll had concluded there were no principles of the Treaty of Waitangi.[41]

Labour, Greens Te Pati Maori

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In response to the 9 September cabinet outline of the bill, Labour leader Chris Hipkins described the Treaty bill process as shambolic and urged Luxon to jettison the "divisive" legislation.[30] Te Pāti Māori co-leader Debbie Ngarewa-Packer described the inclusion of iwi and hapū as insufficient. Similar criticism was voiced Green Party MP Teanau Tuiono, Labour MPs Willie Jackson and Cushla Tangaere-Manuel.[29]

On 7 November, the three opposition parties Labour, Greens and Te Pāti Māori issued a joint statement opposing the introduction of the Treaty Principles Bill claiming that it disregarded the Treaty of Waitangi and ignored Māori voices.[10]

Other Parties

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Hobson's Pledge, a conservative anti-affirmative action for Māori lobby group, has started a pro-Treaty Principles Bill campaign aimed at the Prime Minister, referring to him as a "scaredy cat" for not supporting the bill further.[42]

Civil society

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On 9 September 2024, 400 Christian leaders including three Anglican archbishops, the Catholic Archbishop, a Catholic Cardinal, the Methodist Church president and The Salvation Army commissioner signed an open letter calling on MPs to vote against the Treaty Principles Bill and affirming their commitment to honouring the Treaty of Waitangi. In response, Seymour accused church leaders of interfering in democracy a second time, with the first time being the End of Life Choice Act 2019.[11]

On 13 November 2024, 40 King's Counsels wrote a letter to Prime Minister Luxon and Attorney-General Judith Collins urging the National-led coalition to withdraw the Bill on the grounds that it "seeks to rewrite" the Treaty of Waitangi. In response, Seymour defended the bill and argued that it would give everyone a voice in the Treaty debate.[12]

Polling

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A poll conducted in February 2024 showed 36% in support of a referendum, with 35% opposed, the rest undecided.[43][44]

An October 2024 poll by Curia and commissioned by the Taxpayers' Union found that 45% supported the Treaty Principles Bill, 25% opposed it, and 29% were unsure.[45]

Protests

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Main article: Hīkoi mō te Tiriti
 
Hastings hīkoi protest in November 2024.

On 7 November, protesters gathered outside the New Zealand Parliament and Seymour's electorate office in Epsom to protest against its introduction.[46]

From 11 November, a hīkoi (march) opposing the legislation called Hīkoi mō te Tiriti (March for the Treaty) began marching to the New Zealand Parliament in Wellington in two convoys beginning at Cape Reinga in Northland and Bluff in Southland.[47][48] North Island Hīkoi supporters reached Whangārei on 11 November before travelling to Dargaville and Auckland's North Shore on 12 November. Organisers also worked with Police to minimise traffic disruption.[49] By 13 November, the North Island convoy had crossed the Auckland Harbour Bridge and reached Ihumātao and Bastion Point.[50][51]

On 16 November, Brian Tamaki led a convoy down an Auckland motorway as a counter protest to the nationwide hīkoi, supporting the Treaty Principles Bill.[52]

References

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  1. ^ a b c d e "Principles of the Treaty of Waitangi Bill". New Zealand Parliament. Archived from the original on 14 November 2024. Retrieved 15 November 2024.
  2. ^ a b c d "ACT launches Treaty Principles Bill information campaign". Radio New Zealand. 7 February 2024. Archived from the original on 7 February 2024. Retrieved 7 February 2024.
  3. ^ a b c d Sherman, Maiki (24 March 2022). "ACT Party wants referendum on co-governance with Māori". 1News. TVNZ. Archived from the original on 27 January 2023. Retrieved 27 January 2023.
  4. ^ a b McConnell, Glenn (10 October 2022). "ACT increases 'co-governance' focus, says Treaty referendum a 'bottom line'". Stuff. Archived from the original on 14 January 2023. Retrieved 28 January 2023.
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  8. ^ a b c "Treaty Principles Bill". Archived from the original on 5 April 2024. Retrieved 5 April 2024.
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  11. ^ a b Los'e, Joseph (9 September 2024). "Treaty Principles Bill: 400 church leaders want David Seymour's bill voted down". The New Zealand Herald. Archived from the original on 9 September 2024. Retrieved 10 September 2024.
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  15. ^ "Meaning of the Treaty". Waitangi Tribunal. 2011. Archived from the original on 8 July 2016. Retrieved 12 July 2011.
  16. ^ Newman, Keith (2010) [2010]. Bible & Treaty, Missionaries among the Māori – a new perspective. Penguin. ISBN 978-0143204084. pp 20-116
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  20. ^ "Page 5. Treaty principles developed by the Crown". Te ara. Retrieved 16 November 2024.
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  25. ^ Daalder, Marc (15 September 2024). "Justice ministry battles leaks and ministers over Treaty bill". Newsroom. Archived from the original on 18 September 2024. Retrieved 18 September 2024.
  26. ^ Moir, Jo (11 September 2024). "Treaty Principles Bill: Officials advise government against redefining principles". RNZ. Retrieved 11 September 2024.
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  29. ^ a b c Hanly, Lillian (11 September 2024). "Treaty Principles Bill to go through six-month select committee process". RNZ. Archived from the original on 10 September 2024. Retrieved 10 September 2024.
  30. ^ a b "Christopher Luxon refuses to speak about Treaty Principles Bill after it was handed to Cabinet". RNZ. 9 September 2024. Archived from the original on 9 September 2024. Retrieved 10 September 2024.
  31. ^ "The Treaty Principles Bill has been released: Here's what's in it". RNZ. 2024-11-07. Archived from the original on 2024-11-09. Retrieved 2024-11-07.
  32. ^ "Policy approvals for progressing a Treaty Principles Bill" (PDF). beehive.govt.nz. Retrieved 14 September 2024.
  33. ^ Perese, Daniel (14 November 2024). "Watch: Haka erupts in Parliament before Treaty Principles Bill passes first reading". Te Ao Māori News. Whakaata Māori. Archived from the original on 15 November 2024. Retrieved 15 November 2024.
  34. ^ "Principles of the Treaty of Waitangi Bill — First Reading (Continued)". Parliamentary Debates (Hansard). Vol. 780. New Zealand Parliament: House of Representatives. 14 November 2024. Archived from the original on 15 November 2024. Retrieved 15 November 2024.
  35. ^ "Regulatory Impact Statement" (PDF). Ministry of Justice. 28 August 2024. Archived (PDF) from the original on 13 September 2024. Retrieved 15 November 2024.
  36. ^ Hurihanganui, Te Aniwa (16 January 2024). "More details emerge from Luxon's meeting with Māori King". 1News. TVNZ. Archived from the original on 16 January 2024. Retrieved 18 January 2024.
  37. ^ "ACT's interpretation of Treaty of Waitangi inaccurate and misleading - claimants". RNZ. 9 May 2024. Archived from the original on 10 May 2024. Retrieved 12 May 2024.
  38. ^ mcCaull, Ashleigh (15 May 2024). "Ngāti Kahu pen letter to King Charles over Te Tiriti O Waitangi". The New Zealand Herald. Archived from the original on 15 May 2024. Retrieved 16 May 2024.
  39. ^ Moir, Jo (19 August 2024). "Politicians of all stripes to attend Māori King's Koroneihana - with one notable absence". RNZ. Archived from the original on 20 August 2024. Retrieved 22 August 2024.
  40. ^ Moir, Jo (20 August 2024). "No lifeline for Seymour's Treaty Principles Bill after Koroneihana". RNZ. Archived from the original on 21 August 2024. Retrieved 22 August 2024.
  41. ^ Moir, Jo (21 August 2024). "Winston Peters casts doubt on PM's position on Treaty Principles Bill". RNZ. Archived from the original on 21 August 2024. Retrieved 22 August 2024.
  42. ^ Dexter, Giles (20 November 2024). "What now for the Treaty Principles Bill?". Radio New Zealand. Retrieved 20 November 2024.
  43. ^ "Do New Zealanders really want a Treaty referendum?". RNZ. 11 February 2024. Archived from the original on 5 April 2024. Retrieved 5 April 2024.
  44. ^ "Act launches campaign to twist National's arm on Treaty referendum". NZ Herald. 5 April 2024. Archived from the original on 5 April 2024. Retrieved 5 April 2024.
  45. ^ "~2:1 voters support the reworded Treaty Principles Bill (~4:1 Nat, 5:1 NZF, 2:1 A, 1:1 L/G)". New Zealand Taxpayer's Union. 14 October 2024.
  46. ^ Gabel, Julia (7 November 2024). "Treaty Principles Bill legislation introduced with narrowed wording, protesters gather outside Parliament". The New Zealand Herald. Archived from the original on 9 November 2024. Retrieved 9 November 2024.
  47. ^ "Live updates: Treaty Principles Bill hīkoi day one". Te Ao Māori News. Whakaata Māori. 11 November 2024. Archived from the original on 13 November 2024. Retrieved 13 November 2024.
  48. ^ Tapu, Nina (12 November 2024). "Hikoi starts in far South". Otago Daily Times. Archived from the original on 13 November 2024. Retrieved 13 November 2024.
  49. ^ "Hīkoi mō te Tiriti day one: 'Lets make this hīkoi build a nation'". RNZ. 12 November 2024. Archived from the original on 13 November 2024. Retrieved 13 November 2024.
  50. ^ Arambepola, Sandra (13 November 2024). "In pictures: Hīkoi mō te Tiriti crosses Auckland on its way to Wellington". Stuff. Archived from the original on 13 November 2024. Retrieved 13 November 2024.
  51. ^ "Live: Day Three - National Toitū te Tiriti hīkoi travels the country". 1News. TVNZ. 13 November 2024. Archived from the original on 13 November 2024. Retrieved 13 November 2024.
  52. ^ McIlraith, Brianna. "'Unlawful and extremely irresponsible': Police slam Brian Tamaki's motorway convoy". Stuff. Retrieved 16 November 2024.
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