The Prime Minister is rejecting claims the Government’s Treaty clause review will weaken Te Tiriti o Waitangi, but Te Pāti Māori says the changes go much further.
During Question Time on Tuesday, Christopher Luxon defended the review, saying it is about improving clarity across legislation.
“What we are doing is making sure there is not any uncertainty, that everybody is clear about their obligations under legislation. Open-ended, generic Treaty clauses cause confusion and do not provide clarity. We want them to be specific,” he said.
Asked in the house by Te Pāti Māori co-leader, Debbie Ngarewa-Packer, on whether the changes would reduce protections, Luxon rejected that characterisation, saying the focus is on ensuring “everyone understands their specific roles and obligations to each other”.
But Ngarewa-Packer says that does not reflect what is already underway.
“He’s contradicting what he’s already shown the country,” she told Te Ao Māori News.
“What we’re confronting is a Government that’s not just reviewing Te Tiriti. They’re actually trying to write it out.”
She says the Prime Minister was unable to point to a single example where his Government has strengthened Te Tiriti.
“He couldn’t give an example.”
The review stems from a Cabinet-approved process to overhaul how laws refer to Treaty principles, with a bill expected to cover about 18 pieces of legislation in its first stage.
The changes aim to standardise the wide range of Treaty clauses used in law, from stronger obligations such as “give effect to” or “act consistently with”, through to weaker requirements like “take into account” or “have regard to”.
The Government says the goal is to remove inconsistency and legal uncertainty by replacing broad clauses with more specific provisions tailored to each law.
The proposed review shows that it could lower stronger Treaty obligations, standardising them to a baseline like “take into account”, effectively making the weakest standard the ceiling across legislation.
There are concerns from Treaty experts and opposition politicians that the shift could lower the overall threshold and reshape how Te Tiriti is applied in practice, particularly in areas like environmental management, conservation, and public services, where current laws require decision-makers to actively give effect to Treaty principles.
Ngarewa-Packer says that mirrors the intent of the failed Treaty Principles Bill and risks stripping Te Tiriti of its practical force.
“They continuously prove that this Government is not intent on honouring Te Tiriti in any form.”
She also warned the changes risk prioritising political agenda over more urgent national issues.
“Instead of dealing with the climate crisis, the fuel crisis, the cost of living crisis, they’re continuing with this cultural war and attacking Te Tiriti.”
Documents previously obtained by Te Ao Māori News also show plans for regional hui with iwi were removed from the review process, with engagement instead narrowed to a Minister-appointed advisory group.
Ngarewa-Packer says that approach limits meaningful Māori input and undermines trust.
“The fact we’re here again, after millions have already been spent on this, shows we can’t trust this Government to listen,” she said.
She also questioned whether public consultation through select committee would be meaningful, because previous bills, with opposing submissions in the thousands, have been ignored.
“We can’t trust that they’ll actually listen to the public.”
