Government has introduced three Bills weakening Te Tiriti o Waitangi obligations across 18 pieces of legislation.
In the final days of Parliament, the Government has introduced three bills dealing with references to Te Tiriti o Waitangi across 18 pieces of legislation. The proposed amendments include the removal of treaty references from several laws, and weakening the standard of treaty obligations in others.
The bills will implement proposals announced earlier this year. The Commission’s analysis (released in July) found the proposals to be inconsistent with domestic and international human rights standards, and warned that they risked increasing legal uncertainty and heightening division. The Waitangi Tribunal found that the proposals breached several Tiriti principles and did not uphold the honour of the Crown.
Issues of concern include both the substance of the changes – such as reducing the level of obligations to a single standard of ‘take into account’ – and the process through which decisions have been made.
“Changes to the legal recognition of Te Tiriti have constitutional significance, and should involve good faith engagement with Tiriti partners,” says Dayle Takitimu, the Commission’s Rongomau Taketake.
International human rights standards reinforce this requirement. The UN Committee on the Elimination of Racial Discrimination (CERD) last year specifically expressed concern about the Government’s review of treaty clauses, and recommended that such reviews be undertaken “in full and effective consultation and partnership with Māori” and “in accordance with the [human rights] principle of free, prior and informed consent”.
The Ministry of Justice assessed the Bills against the principles of responsible law making set out in the Regulatory Standards Act 2025 and identified several inconsistencies. These related to the lack of engagement with Māori, lack of evidence to support change, and the significant risks compared to low expected benefits of the changes.
Having now viewed the Bills themselves, the Commission remains deeply concerned at the proposed changes. Takitimu stated that:
“Of particular concern is the apparent lack of regard for the processes and bodies that are designed to protect against abuse of power and ensure accountability and good decision-making. Proceeding with these Bills goes against the recommendations of the Waitangi Tribunal, CERD, and official advice.”
References to Tiriti o Waitangi/Treaty of Waitangi (Standardisation) Amendment Bill
This bill amends 12 statutes. It standardises the wording used in treaty provisions, to refer to both Te Tiriti and the Treaty.
While this bill does not substantially change the current legal position, the amendments include some subtle, but notable changes. In standardising descriptive provisions, the bill removes references to Crown “obligations”, and its intention or “responsibility to give effect to” these. The new standardised wording refers just to recognising and respecting the principles of Te Tiriti/ the Treaty.
References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Bill
As its title suggests, this bill is about the strength of the obligation that is recognised in legislation. It amends four pieces of legislation that currently require specific Crown bodies to “uphold”, “honour” or “act consistently with” treaty obligations. The bill reduces the strength of obligation to a single standard of “take into account”.
References to Tiriti o Waitangi/Treaty of Waitangi (Repeals) Amendment Bill
This bill removes references to Te Tiriti / the Treaty from six statutes.