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The Treaty of Waitangi and Treaty settlements
This is a single section from Chapter 4. Read the full chapter here.
Does Parliament intend to legislate inconsistently with the principles of the Treaty of Waitangi?
Clear language is required where legislation is intended to be inconsistent with the principles of the Treaty.
In some circumstances the Government may wish to legislate in a manner that is inconsistent with the principles of the Treaty. In such circumstances it is essential for the legislation to clearly express this intention in the Act by the use of appropriate wording. The intention should also be reflected in the policy documentation that underlies the Act. If the intention is not clear, the courts will presume that Parliament intended to legislate consistently with the principles of the Treaty. This may yield results inconsistent with the intended policy outcome.