The Iwi Chairs Forum says the Government has breached Te Tiriti o Waitangi through its Treaty clause review, calling for the process to be halted immediately and reset with iwi at the table.
In a letter to Prime Minister Christopher Luxon and Ministers Paul Goldsmith and Shane Jones, the Forum opposes both the proposed changes and the way they have been progressed.
It says the failure to engage with iwi and hapū “is a direct breach of the Crown’s Te Tiriti obligations”, warning the Government is undermining the very principles it says it is trying to clarify.
The letter outlines Cabinet decisions to rewrite Treaty references across multiple laws, including lowering the standard of obligation to no higher than “take into account” in a number of Acts.
Iwi leaders say the process has already gone too far, with drafting instructions issued before any meaningful engagement took place.
They were then given just 10 days to respond, and have been given now until the 1st of May to provide their feedback.
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Aperahama Edwards, co-chair, Pou Tikanga, and a signatory of the letter, says that shows iwi have been sidelined.
“Ko te nuinga o te mahi kua oti, kāhore anō kia whai wāhi te tangata whenua ki te whakaputa i ōna whakaaro. Huri rawa atu kua homai he tekau rā kia whakaputa whakaaro.”
He says the review is not addressing a real problem, but instead weakens the place of Te Tiriti in law.
“Ko te ia o tēnei kaupapa he whakawaimeha i te mana, i te whakawhai niho o te Tiriti o Waitangi i roto i te tūāpapa o te ture.”
Me hui kanohi ki te kanohi
The Forum is recommending ministers immediately withdraw the proposals and meet with iwi leaders to agree on a Treaty-compliant process before any further decisions are made.
But that call appears set to be ignored.
Justice Minister Paul Goldsmith said the Government would push ahead, pointing to its coalition agreement.
“We are a democratically elected government, and we are going to do what we set out to do,” he said.
He rejected claims the process breaches the Treaty, saying “I do not agree that we have breached any Treaty obligations,” and argued there would still be opportunities for input through consultation and the select committee process.
Goldsmith also said he would meet with iwi leaders, but did not clarify when that would happen.
That sits in tension with earlier comments he made last week that iwi would be engaged before legislation is introduced, something the Iwi Chairs Forum says has not happened.
Edwards says ministers have ignored advice to properly involve Māori.
“Kāhore he raru hei whakatika māna e kōkiri ana, i whakahauhia ia e āna āpiha kia whai wāhi te Māori. Nā, kua huri tuarā ia ki aua tohutohu.”
He was more direct in his criticism of the Government’s understanding of Te Tiriti.
“Mārama te kite atu he kūare te hunga nei, kāhore rātou i te mōhio ki te Tiriti o Waitangi.”
Clarity is key
Prime Minister Christopher Luxon defended the review, saying it is about improving clarity in legislation.
“The intent is to make sure we have very specific Treaty clauses so our obligations to each other are clear,” he said.
Luxon said the Government would continue to uphold Treaty settlements but needed to address what he described as confusion in current law.
NZ First Minister Shane Jones also backed the process, saying iwi would have their say when the legislation reaches Parliament.
“Tāria te wā ka whiua tēnā ki te aroaro o te whare pāremata, nā hei konā ngā iwi puta mai ai.”
But Edwards says relying on later consultation misses the point, arguing decisions have already been made without Māori input.
“Kāore te Māori i whai wāhi, kāore te motu i whai wāhi ki ēnei whiriwhiringa.”
Despite the Government signalling it will not halt the review, Edwards confirmed iwi leaders would still meet with ministers.
“Mōhio, āe, ka hui tahi, engari mārō tonu ana te tū a te katoa ki te tiaki i te mana o Te Tiriti o Waitangi.”
He says the Forum will continue to oppose the changes.
“E kore rawa mātou e whakaae, e kore rawa mātou e takoto noa.”
