In February, Cabinet had agreed to amend Treaty/Tiriti provisions in 18 statutes
The Waitangi Tribunal has flagged the Crown’s violations of Treaty/Tiriti principles following Cabinet’s February call to amend Treaty/Tiriti provisions in 18 statutes.
In its Te Tinihanga o Ngā Mātāpono: The Urgent Report on The Treaty Principles Reform report, which came out in pre-publication format today July 31, the tribunal said the changes would marginalise Māori interests in law and policy operations. The tribunal said Cabinet’s agreement to the reforms breached the principles of good government and active protection because it greenlit legislative proposals that substantively repeal a number of provisions pending ministerial approval. It also approved changes to Treaty/Tiriti weightings in the provisions to no higher than “take into account” based on a “flawed rationale” and without supporting evidence.
Moreover, Cabinet approved the changes and repeals without adequately educating itself on their effects on Māori or Māori interests. The tribunal said the agreement put coalition agreement commitments over the need to deliver informed policy decisions.
Cabinet also made significant policy decisions to approve the proposals without engaging meaningfully with Māori. The tribunal said in a media release that this was inconsistent with “upholding the honour of the Crown”.
The tribunal added that the Crown would violate the principle of partnership by failing to adequately recognise Māori tino rangatiratanga. The Crown would also violate the active protection, equity and redress principles if the amendments come into force.
The tribunal pointed out that Māori would be “significantly prejudiced” by the changes, which could lead to poorer environmental and health outcomes while negatively affecting Māori kaitiakitanga and rangatiratanga.
“The reform process has seriously damaged the Māori-Crown relationship and caused distress and uncertainty among Māori as to the future legislative protection of their interests”, the tribunal wrote in the press release. “Further, the tribunal considered the Crown has sent a strong signal across the public sector that the Treaty/te Tiriti may be downgraded in decision making”.
The tribunal recommended that the Crown halt the amendments with immediate effect until Māori have been meaningfully engaged for a co-design process. Moreover, Treaty/Tiriti provisions should not be repealed or downgraded.
It called on the Crown to significantly involve all Māori stakeholders linked to each affected statute if the Crown identifies a coherent rationale for change. Moreover, the Crown should consult with post-settlement governance entities regarding the possible effect of proposed reforms on their Treaty settlements.
If a bill is referred to a select committee, the committee must implement a more meaningful and in-depth process than a standard select committee inquiry, the tribunal said. It also reserved its jurisdiction to examine the proposals further if they are enforced or “if Cabinet’s broader decision that the ‘take into account’ Treaty/Tiriti weighting be the default preference in other legislation resulting in further weakening of Treaty/Tiriti provisions beyond the statutes specifically in scope of its February 2026 decision”.
