Key Takeaways
- The Waitangi Tribunal’s urgent inquiry is examining the coalition government’s plan to amend, standardise or repeal Treaty‑principle clauses in 19 pieces of legislation.
- Iwi leaders, including Tukoroirangi Morgan of Waikato‑Tainui and Professor Margaret Mutu of the National Iwi Chairs Forum, say the reforms constitute an “unrelenting assault” on Māori rights and a breach of existing settlement agreements.
- Justice Minister Paul Goldsmith maintains the changes aim to make Treaty references clear and consistent, and claims consultation will continue through the National Iwi Chairs Forum and select‑committee processes.
- Critics argue that engaging only with the National Iwi Chairs Forum does not replace direct iwi consultation and that the forum was never intended as a “one‑stop tick‑box” for Crown engagement.
- Health‑sector experts warn that downgrading Treaty obligations in the Pae Ora (Healthy Futures) Act from “give effect” to “take into account” will cause irreversible prejudice, reduce GP access, and exacerbate inequities for Māori and rural communities.
- Ngāti Ranginui chairperson Charlie Rahiri asserts the reforms breach the iwi’s recent Treaty settlement, undermining trust, cooperation and the practical implementation of tino rangatiratanga, kaitiakitanga and cultural‑heritage work.
- Constitutional law expert Dr Carwyn Jones of Toitū Te Tiriti describes the proposed changes as the most wide‑ranging legislative breach of Te Tiriti in modern history, shifting the Treaty from a foundational constitutional document to a mere competing consideration.
- Official advice does not support the reforms, and experts warn that repeal could increase legal uncertainty rather than reduce it.
- The Tribunal’s urgent inquiry will conclude on Wednesday, with a report to be released in due course.
Government’s Rationale for Treaty‑Clause Reforms
Justice Minister Paul Goldsmith told the Waitangi Tribunal that the Cabinet’s decisions to amend, standardise or repeal references to the principles of Te Tiriti o Waitangi across 19 statutes are intended to make those references “clear and consistent.” He said his decisions were informed by officials’ advice and political judgment, and that consultation will continue through engagement with the National Iwi Chairs Forum (NICF) and the select‑committee process before any legislation is enacted. Goldsmith framed the reforms as a technical tidy‑up rather than a substantive alteration of Treaty obligations.
Iwi Leaders Characterise the Reforms as an Assault on Māori Rights
Tukoroirangi Morgan, speaking for Te Whakakitenga o Waikato and the National Iwi Chairs Forum, described the coalition government as “the most racist, anti‑Māori government ever to come to power.” He warned that the government’s actions represent an “unrelenting assault” on Māori rights and interests under Te Tiriti, accusing it of displaying a “naked … intent to erode and dismantle, for all time, our rights and interests.” Morgan said the reforms have damaged trust and confidence between Waikato‑Tainui and the Crown, undermining settlement arrangements such as the Waikato Raupatu Settlement and the Waikato River settlement.
Lack of Direct Iwi Consultation Highlighted
Professor Margaret Mutu of the National Iwi Chairs Forum told the Tribunal that, despite a request made in April 2024 to meet the Prime Minister about the Treaty Principles Reform Policy, no meeting time had been proposed or confirmed. She noted that the co‑chairs had neither been asked about their availability nor advised of a proposed meeting slot. Mutu stressed that the NICF was established so iwi could discuss issues affecting their own communities and set their own priorities, not to serve as a convenient, single‑point consultation mechanism for the Crown.
Waikato‑Tainui’s View on Partnership and Settlement Commitments
Donna Flavell, chief executive of Waikato‑Tainui, argued that the Crown’s approach does not reflect Te Tiriti or the settlement commitments that expressly affirm an ongoing, living partnership. She said the matter is not merely about drafting language but about the constitutional relationship between iwi and the Crown—whether it is a genuine partnership or not. Flavell warned that changes affecting education, health, Oranga Tamariki and environmental management, made without meaningful engagement, would further erode Māori participation, diminish accountability and increase inequity for Māori families and future generations.
Health‑Sector Impacts: Irreversible Prejudice for Māori
Dr Chris Tooley, chief executive of Māori health provider Te Puna Ora o Mataatua and former member of Te Aka Whai Ora, told the Tribunal that under the proposed legislation two sections of the Pae Ora (Healthy Futures) Act 2022 would be weakened from a legal weighting of “give effect” to merely “take into account” regarding Treaty obligations. He said this downgrade would cause significant and irreversible prejudice for Māori communities already facing grave health inequalities, reducing practical implementation of Treaty duties in health. Tooley added that equity formulas have been stripped from health‑sector funding provisions, contributing to a drop in GP access, especially for Māori and rural residents, with many whānau now staying home rather than seeking emergency care.
Ngāti Ranginui’s Claim of Settlement Breach
Charlie Rahiri, chairperson of Tauranga iwi Ngāti Ranginui, told the Tribunal that the reforms constitute a direct breach of both Te Tiriti and the iwi’s Treaty settlement signed just last year. He said the Crown is repeating the very behaviours it apologised for, aggravating past breaches instead of healing them. Rahiri stressed that Te Tiriti provisions in legislation are not symbolic but practical, operational and essential for environmental restoration, kaitiakitanga, protection of wāhi tapu, health, wellbeing, whānau safety, education, fisheries, aquaculture, and the exercise of tino rangatiratanga, reo and mātauranga within their rohe. He warned that weakening those provisions threatens the foundations of Ngāti Ranginui’s work across Tauranga Moana.
Toitū Te Tiriti’s Warning of a Wide‑Ranging Legislative Breach
Constitutional law expert Dr Carwyn Jones of Toitū Te Tiriti informed the Tribunal that the Crown’s comprehensive suite of proposed changes would amount to “the most wide‑ranging legislative breach of Te Tiriti in modern history.” He noted that over 72,000 people, including 54,319 who identify as Māori, had signed to support the Toitū Te Tiriti claim. Jones argued that the combined effect would either completely remove or significantly diminish the legal effect of Te Tiriti across all 19 affected statutes, shifting the Treaty from a foundational constitutional document to “one competing consideration amongst others.” He described the proposals as a “significant constitutional recalibration” that would be detrimental and prejudicial to Māori, breaching the Treaty principles of partnership, active protection and consultation. Jones added that official advice did not support the changes and warned that repeal could increase legal uncertainty rather than reduce it.
Conclusion and Next Steps
The Waitangi Tribunal’s urgent inquiry into the Treaty Principles Reform is set to wrap up on Wednesday evening, after which the Tribunal will release its report. The evidence presented underscores deep iwi concerns that the government’s reforms undermine treaty partnerships, breach existing settlements, and risk causing irreversible harm—particularly in health, education, environmental management and cultural‑heritage sectors. Whether the Tribunal’s findings will lead to legislative adjustments or further political negotiation remains to be seen, but the testimony makes clear that many Māori leaders view the current course as a fundamental threat to the Crown‑Māori relationship established by Te Tiriti o Waitangi.