New Māori Party MP confronts a long-standing dilemma

Māori Party List MP Marama Fox has given careful consideration to whether she will get ejected from the House of Representatives on her first day for wanting to uphold Te Tiriti o Waitangi as a MP during the Commission Opening of the 51st Parliament.

In the current wording of the statutory oath or affirmation, MPs must swear allegiance to the Queen and they have the option of swearing allegiance to God or making a non-religious affirmation. If they include allegiance to the Treaty of Waitangi within their declaration, they will be asked to leave and repeat the statement without any reference to the treaty.

"The Treaty of Waitangi is our founding constitutional document, the partnership between tangata whenua and the Crown is what makes us unique as a nation", says Ms Fox.

As a new MP, I'm dismayed that we aren't permitted to also honour Te Tiriti o Waitangi at the official opening of Parliament if we wish to do so. Ensuring that Te Tiriti o Waitangi is upheld is one of the fundamental reasons why I am a MP."

Ms Fox's dilemma was first brought to the public's attention 18 years ago in 1996 when Māori Party Co-leader Tariana Turia entered Parliament as a Labour MP. Mrs Turia is the only MP to have sworn allegiance to te Tiriti o Waitangi in the Māori language at the opening of Parliament and get away with it.

From 1999 onwards whenever Tariana Turia and the Māori Party MPs swore their allegiance to te Tiriti o Waitangi, they would immediately be asked to repeat their vows without the Treaty reference. In 2011, former MP Hone Harawira was ejected from the house for swearing his allegiance to the treaty and the Standing Orders were subsequently amended so that anyone altering the wording of the declaration, including referring to Te Tiriti o Waitangi, will be automatically asked to leave. (Standing Order 13 states that a member taking an oath or making an affirmation must do so using only the words required by law and may not sit or vote in the House or serve on a committee until they have fulfilled this legal requirement).

"While I believe strongly that we should be able to swear our commitment to upholding te Tiriti o Waitangi at the start of Parliament, I'm not going to get myself kicked out just to come back and do it again - this is not a stunt, this is a chance to observe the treaty as a representative of the indigenous voice, " says Ms Fox.

Ms Fox's first private members bill will be the Oaths and Declarations (Upholding the Treaty of Waitangi) Amendment Bill championed by Māori Party MP Te Ururoa Flavell in 2012. She'll submit it in the ballot when she gets the chance.

"The intention of the bill is simple. It gives everyone making a oath or affirmation the choice to also express their desire to uphold te Tiriti o Waitangi by uttering the additional words 'I will uphold the Treaty of Waitangi' or 'Ka whakaūngia e au te Tiriti o Waitangi'," says Ms Fox.

In the meantime, the Minister for Māori Development Hon Te Ururoa Flavell has initiated a Karakia Taunaki (Opening Prayer) to take place just before the official opening of Parliament as a way of ensuring greater opportunities for tikanga Māori (Māori cultural practices) observed on the day.

"I understand the historical importance of rituals like the arrival of the Royal Commissioners and the Gentleman Usher of the Black Rod in Parliament but I believe we should also have more tikanga Māori and Māori cultural symbolism in our House of Representatives, to consolidate our unique New Zealand identity. So I appreciate the opportunity to join with other MPs across the house for a Karakia Taunaki before the Commission Opening of Parliament."

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