Key Takeaways
- The Waitangi Tribunal heard urgent submissions alleging that proposed legislative changes weaken or remove Treaty of Waitangi references from multiple Acts, replacing the “give effect to” obligation with a weaker “take into account” standard.
- The changes affect the Data and Statistics Act 2022 and the Digital Identity Services Trust Framework Act 2023, both of which currently require decision‑makers to give effect to Treaty principles and engage with Māori.
- Māori data sovereignty experts warned that lowering the standard threatens the protection of Māori identity data, whakapapa‑linked information, and collectively held digital assets, especially in an AI‑driven economy.
- Representatives of the National Iwi Chairs Forum’s Data Iwi Leaders Group (Data ILG) said they received no formal engagement on the proposals despite being identified as a key stakeholder under a Mana Ōrite relationship agreement.
- Te Whakakitenga o Waikato (representing 33 hapū, 68 marae and over 100 000 iwi members) asserted that the lack of meaningful consultation breaches its Raupatu and Waikato River settlements and is “misleading and offensive.”
- Tukoroirangi Morgan, speaking for Te Whakakitenga o Waikato, characterised the current coalition Government as “the most racist, anti‑Māori government ever to come to power,” accusing it of continually moving the goal posts on Māori rights.
- The Justice Minister’s office declined to comment while the matter is before the Tribunal.
Background to the Urgent Hearing
The Waitangi Tribunal convened a two‑day urgent hearing in Wellington to consider claims that the coalition Government’s legislative programme seeks to erode Treaty of Waitangi protections. The hearing followed a coalition agreement initiated by NZ First that mandated a sweeping review of treaty clauses across the statute book. Justice Minister Paul Goldsmith subsequently brought the proposed amendments to cabinet, prompting iwi and expert witnesses to appear before the Tribunal to argue that the changes are racist and threaten Māori rights.
Scope of the Proposed Legislative Changes
Submitters outlined that Treaty references are slated for removal from six Acts and are to be weakened in a further ten laws. The core alteration is the replacement of the phrase “give effect to” Treaty principles with the lower standard “take into account.” This shift, they argued, transforms a binding obligation into a discretionary consideration, thereby diminishing the Crown’s duty to honour the Treaty in policy and practice.
Impact on the Data and Statistics Act 2022
Kirikowhai Mikaere, lead technician of the National Iwi Chairs Forum’s Data Iwi Leaders Group (Data ILG), explained that the Data and Statistics Act 2022 currently obliges decision‑makers to give effect to Treaty principles and to engage with Māori on data‑related matters. Under the proposed amendment, that obligation would be reduced to merely “taking into account” Treaty considerations. Mikaere stressed that this is not a semantic tweak but a substantive change that determines whether the Crown acts on Māori interests or merely notices them.
Consequences for Māori Data Sovereignty
Mikaere warned that weakening the standard jeopardises the protection of Māori identity data, whakapapa‑linked information, and collectively held digital assets. In an AI‑driven economy, digital identity systems encode assumptions about who people are and how they are categorised; without a firm treaty obligation embedded at the foundation of these systems, safeguards become subject to political appetite rather than enforceable rights. She noted that rebuilding trust eroded by such changes would divert resources away from the actual work of data governance and Māori empowerment.
The Digital Identity Services Trust Framework Act 2023
Similarly, the Digital Identity Services Trust Framework Act 2023 presently requires decision‑makers to give effect to Treaty principles when designing and operating digital identity services. The proposed shift to “take into account” would allow agencies to proceed with digital identity initiatives without a duty to actively uphold Māori rights. Mikaere highlighted that digital identity is not neutral; it shapes how individuals are seen, verified, and served by the state, making the Treaty obligation crucial for ensuring that Māori perspectives are integrated into the technology’s design and governance.
Lack of Meaningful Engagement
Both Mikaere and representatives of Te Whakakitenga o Waikato stressed that the Crown failed to engage iwi in a genuine, Tiriti‑compliant manner. Mikaere said the Data ILG, despite holding regular meetings with the Department of Internal Affairs and Statistics NZ under a Mana Ōrite agreement, received only vague updates or was told the Ministry of Justice was the lead agency, leaving the group without substantive input. Donna Flavell, chief executive of Te Whakakitenga o Waikato, described any solitary communication on a single statute as insufficient to constitute consultation, labelling the Crown’s claim of engagement as “misleading and offensive.”
Te Whakakitenga o Waikato’s Perspective
Tukoroirangi Morgan, speaking for Te Whakakitenga o Waikato, framed the legislative changes as part of an “unrelenting assault” on Māori rights since the coalition Government took office. He asserted that the proposed amendments undermine the iwi’s 1995 Raupatu Claims settlement and the 2010 Waikato River settlement, both of which rely on Treaty protections. Morgan emphasised that the iwi—representing 33 hapū, 68 marae, and over 100 000 members—acts as trustee for significant lands and river trusts, making the legislative shifts directly relevant to their ongoing work in education, health, child wellbeing, environmental management, and data sovereignty.
Characterisation of the Government
Morgan went further, describing the current administration as “the most racist, anti‑Māori government ever to come to power.” He compared it unfavourably to previous governments led by John Key, Helen Clark, and Jim Bolger, arguing that those administrations, while imperfect, demonstrated greater transparency and willingness to engage with iwi. Morgan lamented that, despite Waikato’s historic status as the first iwi to negotiate a Treaty settlement, the Government’s continual moving of the goal posts has forced iwi to resort to tribunals and other forums to defend their rights.
Tribunal Proceedings and Government Response
During the hearing, Tribunal member Dr Paul Hamer questioned whether the iwi’s appearance stemmed from frustration with direct approaches to the Government. Morgan responded that, given their established track record and rapport with past administrations, they expected meaningful engagement, which has not materialised. He concluded that the iwi’s presence before the Tribunal is driven by sheer disappointment and mounting concern over the ongoing erosion of Treaty‑based rights. The Justice Minister’s office was contacted for comment but stated that ministers do not comment on matters currently before the Tribunal.
Conclusion
The urgent Waitangi Tribunal hearing highlighted deep Māori apprehension that the coalition Government’s legislative agenda seeks to dilute Treaty obligations, replacing enforceable duties with optional considerations. Expert witnesses warned that such changes threaten Māori data sovereignty, especially in an era where digital identity and AI increasingly shape access to services and rights. Iwi leaders condemned the lack of genuine consultation, characterising the proposals as racist and an affront to hard‑won settlements. As the Tribunal deliberates, the outcome will signal how seriously New York’s institutions take the Treaty of Waitangi in shaping future law and policy.