Breaching the Treaty

The government should reaffirm its commitment made by the Prime Minister Jacinda Ardern at Waitangi to uphold the principles of the Treaty.

The third article of the Treaty declares the Crown’s commitment to provide protection for the lives of Maori from conception to natural death. The weakest and most defenceless member of the Maori family is the unborn child. The government believes abortion, the killing of a child in the womb, should no longer be a crime and should now be “a reproductive choice for women”.

It should be a matter of concern for Maoridom and the whole community that the government proposes to remove this protection, provided by the Crimes Act since 1856.

Right to Life believes the decriminalisation of abortion would be a breach of the Treaty of Waitangi. Right to Life wrote to the Minister of Maori Development, Hon. Nanaia Mahuta, in June 2018, requesting that she refer our submission to the Waitangi Tribunal for a decision, but she declined to do this, stating it would be inappropriate. We also wrote in December 2018 to Hon Kelvin Davis, Minister for Maori Crown Relations, who also declined.

The Minister of Justice proposes there would be no statutory test until 22 weeks’ of pregnancy. After 22 weeks, the health practitioner intending to perform an abortion would need to be satisfied the abortion is appropriate, having regard to the woman’s physical and mental health and wellbeing.

Right to Life believes this represents a complete withdrawal of protection for women and their unborn from abortion, including Maori. In the view of Right to Life, this would be a breach of Article 3 of the Treaty of Waitangi. (Abridged: Editor)

KEN ORR Right to life