NZ’s Treaty Principles Bill haka highlights tensions between Māori tikanga and rules of Parliament

By Lillian Hanly, RNZ News political reporter, Craig McCulloch, RNZ deputy political editor, and Te Manu Korihi

Te Pāti Māori’s extraordinary display of protest — interrupting the first vote on the Treaty Principles Bill — has highlighted the tension in Aotearoa New Zealand between Māori tikanga, or customs, and the rules of Parliament.

When called on to cast Te Pāti Māori’s vote, its MP Hana-Rawhiti Maipi-Clarke instead launched into a haka, ripping a copy of the legislation in half.

She was joined by other opposition MPs and onlookers, prompting Speaker Gerry Brownlee to temporarily suspend Parliament and clear out the public gallery.

Brownlee subsequently censured Maipi-Clarke, describing her conduct as “appallingly disrespectful” and “grossly disorderly”.

Maipi-Clarke was named and suspended, barring her from voting or entering the debating chamber for a 24-hour period. She also had her pay docked.

Te Pāti Māori about to record their vote. Video: RNZ/Parliament

‘Ka mate, ka mate’ – when is it appropriate to perform haka?
The Ngāti Toa haka performed in Parliament was the well-known “Ka mate, Ka mate,” which tells the story of chief Te Rauparaha who was being chased by enemies and sought shelter where he hid. Once his enemies left he came out into the light.

Ngāti Toa chief executive and rangatira Helmut Modlik told RNZ the haka was relevant to the debate. He said the bill had put Māori self-determination at risk – “ka mate, ka mate” – and Māori were reclaiming that – “ka ora, ka ora”.

Haka was not governed by rules or regulation, Modlik said. It could be used as a show of challenge, support or sorrow.

“In the modern setting, all of these possibilities are there for the use of haka, but as an expression of cultural preferences, cultural power, world view, ideas, sounds, language – it’s rather compelling.”

Modlik acknowledged that Parliament operated according to its own conventions but said the “House and its rules only exist because our chiefs said it could be here”.

“If you’re going to negate . . . the constitutional and logical basis for your House being here . . . with your legislation, then that negates your right to claim it as your own to operate as you choose.”

He argued critics were being too sensitive, akin to “complaining about the grammar being used as people are crying that the house is on fire”.

“The firemen are complaining that they weren’t orderly enough,” Modlik said. “They didn’t use the right words.”

Robust response expected
Modlik said Seymour should expect a robust response to his own passionate performance and theatre: “That’s the Pandora’s Box he’s opening”.

Following the party’s protest yesterday, Te Pāti Māori co-leader Rawiri Waititi told reporters “everyone should be proud to see [the haka] in its true context.”

“We love it when the All Blacks do it, but what about when the ‘blackies’ do it?” he said.

Today, speaking to those gathered for the Hīkoi mō te Tiriti in Rotorua, Waititi said the party used “every tool available to us to use in the debates in that House”.

“One of those tools are the Māori tools we take from our kete, which is haka, which is waiata, which is pōkeka — all of those things that our tīpuna have left us. Those are natural debating tools on the marae.”

What does Parliament’s rulebook have to say?
Parliament is governed by its own set of rules known as Standing Orders and Speakers’ Rulings. They endow the Speaker with the power and responsibility to “maintain order and decorum” in the House.

The rules set out the procedures to be followed during a debate and subsequent vote. MPs are banned from using “offensive or disorderly words” or making a “personal reflection” against another member.

MPs can also be found in contempt of Parliament if they obstruct or impede the House in the performance of its functions.

Examples of contempt include assaulting, threatening or obstructing an MP, or “misconducting oneself” in the House.

Under Standing Orders, Parliament’s proceedings can be temporarily suspended “in the case of any grave disorder arising in committee”.

The Speaker may order any member “whose conduct is highly disorderly” to leave the chamber. For example, Brownlee ejected Labour MP Willie Jackson when he refused to apologise for calling Seymour a liar.

The Speaker may also “name” any member “whose conduct is grossly disorderly” and then call for MPs to vote on their suspension, as occurred in the case of Maipi-Clarke.

Members of the public gallery can also be required to leave if they interrupt proceedings or “disturb or disrupt the House”.

‘Abusing tikanga of Parliament’
Seymour has previously criticised Te Pāti Māori for abusing the “the tikanga of Parliament,” and on Thursday he called for further consequences.

“The Speaker needs to make it clear that the people of New Zealand who elect people to this Parliament have a right for their representative to be heard, not drowned out by someone doing a haka or getting in their face making shooting gestures,” Seymour said.

Former Speaker Sir Lockwood Smith told RNZ the rules existed to allow rational and sensible debate on important matters.

“Parliament makes the laws that govern all our lives, and its performance and behaviour has to be commensurate with that responsibility.

“It is not just a stoush in a pub. It is the highest court in the land and its behaviour should reflect that.”

Sir Lockwood said he respected Māori custom, but there were ways that could be expressed within the rules. He said he was also saddened by “the venom directed personally” at Seymour.

This article is republished under a community partnership agreement with RNZ.

This content originally appeared on Asia Pacific Report and was authored by APR editor.

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