Labour is calling a review of Treaty legislation the Treaty Principles Bill “by stealth”, as ministers confirm a bill to overhaul Treaty clauses across legislation could be introduced within months.
The proposed changes stem from a Cabinet-approved review of how laws refer to the principles of Te Tiriti o Waitangi, with Justice Minister Paul Goldsmith saying the aim is to bring greater consistency across the statute book.
“There’s been a coalition commitment with New Zealand First to review the references to the principles of the Treaty,” Goldsmith said.
“We’ve got a process where we’re going through asking some basic questions… there’s a wide variety of phrases used… give effect to the Treaty, take into account, have regard, a whole lot of things.”
Goldsmith confirmed work is underway on a single bill that will cover around 18 pieces of legislation.
Earlier advice and review work had pointed to a broader group of around 28 laws that reference Treaty principles, but the Minister confirmed the initial bill will focus on a smaller subset.
“We found about 28 pieces of legislation in that category… we’ve got a bill to introduce that will cover about 18 pieces of legislation.”
He rejected claims the process had been carried out quietly, saying there had been engagement with iwi leaders and that the public would have their say.
“It’s not on the down low… We’ll be listening to their feedback before we finalise the bill… and then of course it will go to a select committee process.”
‘Another divisive debate’
Labour leader Chris Hipkins said the review risked opening up major constitutional issues and questioned the Government’s priorities.
“This is just like the Treaty principles bill. It’s another unnecessary and divisive debate.”
“We’ve got bigger fish to fry. We’ve got a cost-of-living crisis, we’ve got a potential fuel crisis looming… this is not one of them.”
Hipkins warned against any attempt to fast-track the legislation before the election.
“There is absolutely no justification for pushing this through under urgency or under any kind of shortened process.”
“This could be the subject of litigation for decades to come if the Government gets this wrong,” he said.
‘Treaty principles by stealth’
Labour MP, Willie Jackson, describes the changes as an attack on kaupapa Māori and says Goldsmith is talking a whole lot of rubbish when he frames it as “clarity and consistency”.
“It’s disgusting, actually… this is the Treaty principles by stealth.”
Jackson said weakening Treaty clauses would undermine Māori participation and partnership in decision-making.
“We say give effect to the Treaty because that’s what we mean. We’re talking about partnership… Māori being treated like a partner.”
He said while some Treaty clauses may be unclear, the answer was not to weaken them across the board.
“Yes, there are areas in some legislation where the Treaty obligation is a bit vague. So you don’t make them vague in every piece of legislation. Like conservation, it’s clear as a bell that they have to give effect to the Treaty because Māori have to participate. You take that out in terms of that area, it opens up the whole country to multinationals and everything. That’s the drive here. This is a terrible, disgusting piece of legislation.”
Jackson also questioned the Prime Minister’s support for the changes, linking it to coalition partners.
“You wonder what this Government’s up to, and the Prime Minister, he’s the one who has to answer why he’s supporting Winston Peters and Shane Jones when he didn’t support this before.”
Jackson says he will be advising his caucus to repeal the legislation if Labour were to form the next government.
Chris Hipkins says of course they will be voting against it, but he doesn’t think it will pass before the election and if it does, if he were to be in government, it will not progress.
Focus on consistency
Māori Development Minister Tama Potaka said the review was about improving clarity and outcomes.
“What I’m really hoping to see is a lot more consistency and clarity and actually real results and outcomes on the ground.”
Potaka said the work had involved input from a range of experts and officials.
What changes could look like
The review is examining laws that currently reference Treaty principles, with options to rewrite or remove those clauses and standardise how they are applied.
Ministers say the goal is consistency, but critics argue it risks lowering the strength of Treaty obligations across multiple sectors.
A draft bill is expected to be introduced in the coming months, with a select committee process to follow.
The Justice Minister wouldn’t confirm if he hoped it would pass before the election. We’ll
