The Waitangi Tribunal has granted an urgent inquiry into the Government’s sweeping review of Treaty clauses, marking a major escalation in the growing backlash against plans to weaken or repeal references to Te Tiriti o Waitangi across legislation.
In a decision released on Wednesday, the Tribunal found the application met the “high threshold” required for urgency, saying the proposed reforms could cause “significant and irreversible prejudice” to Māori if allowed to proceed without scrutiny.
The claim initially made by Ngāti Hine now includes 18 other interested parties.
The inquiry, named by the Tribunal as Te Tinihanga o Ngā Mātāpono o te Tiriti – the Treaty Principles Reform Urgent Inquiry, centres on the Government’s review of references to Treaty principles in legislation, including proposals to repeal clauses entirely from some laws and reduce others to the lowest legal threshold of merely requiring decision-makers to “take into account” Treaty principles.
The Tribunal said the claimants allege the reforms have been developed “without regard” to tino rangatiratanga, the Crown-Māori partnership, and the likely inequitable impacts on Māori.
In its decision, the Tribunal confirmed it will investigate what it described as “new acts, omissions, policies and practices” by the Crown following Cabinet decisions made in February this year.
The panel pointed specifically to Cabinet decisions that would repeal Treaty principles clauses from laws, including the Education and Training Act, the Land Transport Management Act, the Energy Efficiency and Conservation Act, the Organic Products and Production Act and the Smokefree Environments and Regulated Products Act.
The inquiry follows mounting criticism from iwi leaders, Māori organisations and legal experts after details of the review process became public in recent weeks.
Last week, the National Iwi Chairs Forum called for the review to be “immediately halted”, arguing the Crown had breached Te Tiriti by failing to properly engage with iwi and hapū on reforms that directly affect Treaty obligations.
The prime minister and Minister Goldsmith, responsible for the legislation, said they would not halt the work underway, and people would be able to provide their feedback during the select committee process, once it is introduced after August.
The Tribunal decision references those concerns directly, noting submissions from the National Iwi Chairs Forum argued the Crown had failed to engage with iwi and hapū “on the very matter the Crown says the proposed reform is seeking to clarify.”
The Tribunal also heard concerns that the reforms would:
• unilaterally erode Treaty obligations in legislation
• undermine iwi and hapū authority
• weaken Māori influence over decisions affecting whenua, taiao, health and wellbeing
• damage Crown-Māori relationships
• entrench long-term prejudice before legislation is even introduced.
A wide range of Māori organisations and claimants were granted interested party status in the urgent inquiry, including Toitū Te Tiriti, the National Iwi Chairs Forum, Te Whakakitenga o Waikato, the Māori Women’s Welfare League, the New Zealand Māori Council, Te Puna Ora o Mataatua, Te Kōhao Health and the National Urban Māori Authority, alongside numerous iwi and hapū groups across the country.
Many argued the Government had ignored earlier warnings issued by the Waitangi Tribunal during its previous Wai 3300 inquiry into the Treaty Principles Bill and Treaty clause review process, pressing ahead despite recommendations the review be paused and redesigned in partnership with Māori.
In earlier findings released through Ngā Mātāpono – The Principles, the Tribunal recommended the review be halted and “re-conceptualised through collaboration and co-design engagement with Māori.”
Documents previously obtained by Te Ao Māori News revealed Justice Minister Paul Goldsmith directed officials to remove regional hui with iwi from the engagement process, replacing them with a smaller minister-appointed advisory group.
Separate, redacted, Cabinet documents also showed ministers had agreed to standardise Treaty clauses so obligations across legislation would be set no higher than requiring agencies to “take into account” Treaty principles.
The Tribunal has requested the Crown provide the unredacted Cabinet papers as part of the inquiry.
The Crown opposed the urgent inquiry.
In submissions filed with the Tribunal, Crown lawyers argued the Tribunal was effectively being asked to monitor whether the Government had followed earlier Tribunal recommendations, which they said fell outside the Tribunal’s role.
The Crown argued there was “no utility” in holding another inquiry because the Tribunal had already previously examined the Treaty clause review process and made recommendations.
The Crown also maintained the Minister of Justice had acknowledged the Tribunal’s earlier recommendations when seeking Cabinet approval for the next stage of the reforms.
But the Tribunal rejected the Crown’s argument, finding the latest Cabinet decisions represented a “significant change” in the progression of the policy and warranted fresh scrutiny.
The Tribunal said the inquiry would focus on the specific legislative proposals and the prejudice now becoming “crystallised” as the reforms move closer to implementation.
Prime Minister Christopher Luxon and Justice Minister Paul Goldsmith have rejected calls from iwi leaders and Māori groups to halt the review, maintaining the Government’s position that the reforms are about creating consistency and clarity across legislation.
Minister Goldsmith’s office said he cannot comment as it is now a matter before the Tribunal.
A date for the hearing is yet to be set, with the Tribunal giving until the end of May for all evidence to be filed.
