Review of legislation including reference to the principles of the Treaty of Waitangi
Review of legislation including reference to the principles of the Treaty of Waitangi
The Government is undertaking a review of references to the principles of the Treaty of Waitangi in legislation.
The review is part of the Coalition Agreement between the National and New Zealand First parties. The agreement includes a commitment to a review of all legislation that includes “the principles of the Treaty of Waitangi” and either replace the reference with specific wording that explains the relevance and application of the Treaty principles or to remove them.
The purpose and scope of the review has been confirmed by Cabinet. The intention is to ensure that the references are clear and specific as to how the Treaty applies to that law.
The review is designed to make it clearer and reduce uncertainty for those who must comply with the provision, what exactly they must do. This will in turn support better outcomes and more consistent decision-making. This review is not related to the Treaty Principles Bill previously before Parliament.
The Ministry of Justice is supporting the Minister of Justice, Hon Paul Goldsmith, who is leading the review.
Legislation in scope
The review focuses on provisions in 23 laws, administered by 13 government agencies. They are:
Legislation that refers to the Treaty, as opposed to Treaty principles, have generally been excluded from the review. The exception is section 127(1)(d) of the Education and Training Act 2020, whose Treaty provisions were being separately reviewed and have been included in this process for practicality.
Other legislation
Treaty settlement legislation has been excluded from the review as well as other legislation that raises similar issues to Treaty settlement legislation where provisions might form the basis of specific Crown Māori agreements. Also excluded are private Acts, laws that the Government intends to repeal and replace, or will be reviewed in a separate but parallel process. They are:
Related to Treaty settlements or specific Crown-Māori agreements
How will the review be undertaken?
As outlined in Cabinet papers and briefing material published on the Waitangi Tribunal website in May 2025, the review is led by the Minister of Justice, supported by the Ministry of Justice, and agencies that administer legislation in scope of the review.
The review is being overseen by a Ministerial Oversight Group which will consist of Minister of Justice, Hon Paul Goldsmith, the Attorney-General, Hon Judith Collins KC, the Minister for Regional Development, Hon Shane Jones, and the Minister for Māori-Crown Relations, Hon Tama Potaka.
The Ministerial Oversight Group will be assisted by a Ministerial Advisory Group, that consists of four members with expertise in Māori issues, economic development, governance, and the Treaty of Waitangi. The members of the Ministerial Advisory Group are:
David Cochrane (Chair), lawyer, former public servant, and former Waitangi Tribunal member.
Marama Royal MNZM, former public servant, and chair or member of several Māori and community trusts or boards including the Ngāti Whātua Ōrākei Trust.
James Christmas, lawyer, former senior adviser to Attorney-General and Prime Minister, and co-author of He Kupu Taurangi: Treaty Settlements and the Future of Aotearoa New Zealand.
John Walters, lawyer, former director of several government and private companies, and Treaty of Waitangi settlements negotiator.
The Minister of Justice will recommend proposed amendments to Cabinet on behalf of the Ministerial Oversight Group and seek agreement to an approach for engagement with identified Māori groups and relevant stakeholders on the oversight group’s initial preferred options.
Cabinet papers, briefings, and other official information