Te Pāti Māori MPs have again declined to attend a privileges hearing over their haka protest in Parliament, but this time have lodged a written submission in their absence.
Party co-leaders Rawiri Waititi and Debbie Ngarewa-Packer, along with MP Hana-Rawhiti Maipi-Clarke, and Labour's Peeni Henare were referred to the committee for their involvement in a haka and protests in the House in November last year at the first reading of the contentious Treaty Principles Bill.
The hearing was scheduled for this morning.
In a document provided to RNZ, the Te Pāti Māori MPs said in their written submission that they declined to appear due to a "lack of procedural fairness," after several requests - including to hold a joint hearing, submission of evidence from tikanga expert Sir Pou Temara, and the ability for their counsel to make legal arguments on tikanga - were denied "without providing any reasons."
"We are gravely concerned with the Committee's lack of good-faith engagement with our Counsel about the tikanga of this hearing, as tikanga is indeed at the very heart of the matters that are before the Committee," the submission said.
The MPs argued that the haka was a form of constitutionally protected political expression and a response to what they called "the worst potential legislative breach of Te Tiriti in our generation" - a reference to the ACT Party's controversial Treaty Principles Bill which was voted down on its second reading, on April 10 this year.
"The level of disrespect for Te Tiriti encapsulated in this Bill was unprecedented in modern times. It was an attack on Māori that has not been seen since the Tohunga Suppression Act in the early 20th century. This was an exceptional circumstance which sparked an exceptional response."
The submission also read that Maipi-Clarke had already been removed from the House for her involvement in the protest - having been stood down for 24 hours - and argued that further punishment would amount to double jeopardy.
"We ask the Committee to remove Hana from this process without any further sanction, as she has already been punished by the Speaker for her participation."
Tikanga, Te Tiriti and the right to haka
In the written submission, the Te Pāti Māori MPs said there was a "constitutionally significant issue at play" with respect to the complaints filed against them.
"That issue is the rightful place that Tikanga Māori should have within the House of Representatives as a taonga that is guaranteed to us under Article Two of Te Tiriti o Waitangi."
They said the House was "lagging behind the rest of government and society at large" regarding the recognition and incorporation of tikanga Māori as part of its obligations under Te Tiriti o Waitangi.
"Those failings could, and should, be remedied by this Committee through taking a Tikanga-based approach to the present complaints."
The MPs argued haka is a critical part of the identity of Aotearoa, and since the performance of Ka Mate in 1888 by Joseph Warbrick's Māori All Blacks team, had become synonymous with New Zealand's sporting teams, general identity and nation.
"But the vast expanse and depth of Haka as an art form is so much more than this.
"Haka is a tool of debate, argument, political discourse and cultural expression that has been used by our people since mai rā anō. It is an expression of our whakapapa and the connections to our ancestors, and a taonga for us to use in modern society to express our collective conviction on the kaupapa of the day."
The MPs argued that this was exactly what they did.
"The Haka that we performed in response to the introduction of the Treaty Principles Bill was not only a valid form of debate to this piece of legislative nonsense that sought to do violence to Te Tiriti, it was also an action that was totally consistent with Tikanga Māori, the first law of Aotearoa."
In the submission, the MPs said that the coalition government laid the challenge to te iwi Māori first.
"We responded to that challenge, and we had a constitutional right to do so in the form of a haka as a taonga protected under Article Two of Te Tiriti."
The MPs also rejected claims that they did not seek permission to perform the haka.
"We firmly reject such assertions as permission was indeed sought and granted in accordance with tikanga. The performance of "Ka Mate", our most famous haka and a living taonga of Ngāti Toa, was discussed with Ngāti Toa Rangatira and their permission to perform their taonga haka was granted.
"Members of Ngāti Toa attended in the public gallery on the day to perform their haka with us, again in accordance with tikanga, to tautoko the protest against this vile piece of legislation," the document read.
"We also sought permission and were granted permission to perform the haka from Te Āti Awa who hold mana whenua as acknowledged by the MOU [Memorandum of Understanding] signed on 19 December 2024, with Parliamentary Service and Office of the Clerk."
They also referenced multiple occasions where haka was performed in the House, following Treaty settlement legislation, during maiden speeches and acknowledgement of retiring politicians.
"None of these Haka resulted in complaints of contempt deemed worthy of investigation by this Committee."
The MPs said that the Committee should consider what message it will send to the 270,000 people who submitted in opposition to the Bill, if they decide that they acted in contempt by performing Ka Mate.
"We expressed a collective conviction on behalf of our electorates, our people, and all of the tangata Tiriti who stood with us against the Treaty Principles Bill,"
"We will not be apologising for acting in accordance with the first law of Aotearoa," the submission said.
Committee to meet again
Privileges Committee chairperson Judith Collins confirmed the three Te Pāti Māori MPs did not appear in person at today's hearing, instead submitting written responses.
" We've considered the matter and we will be meeting again in the first sitting block to consider further and, if possible, to make a determination at that stage."
When asked what she made of the decision of the MPs decision not to appear in person, Collins said it was not a major concern.
"We haven't demanded that anyone turn up, and I think that's just a process matter. People can make written submissions, and some members have chosen to do that in the past."
Political carnival, says Peters
Deputy Prime Minister and New Zealand First leader Winston Peters refused to offer a personal judgement on the Te Pāti Māori MPs absence from the hearing and said the matter must be handled collectively.
"I asked the Honourable Judith Collins to come out and speak with you because she chairs the committee and the rest of us are going to stay silent," he told reporters.
"One of us speaking unilaterally would not be good for the proper protocols and, dare I say it, the long-term political tikanga of this place."
Peters said it was the first time he had seen MPs not attend in person when called before the Privileges Committee.
When asked about Te Pāti Māori's plans to hold an alternative, independent inquiry, he called it a "political carnival."
"It's extraordinary that some people think they are not subject to the rules when they talk about having an inquiry. Exactly on what basis would they do this?"
Peters said the committee would reflect on the absence as part of its consideration and confirmed that the final decision rests with Parliament.
