Government agreed to weaken Treaty clauses across 19 laws, unredacted Cabinet papers show
Waitangi Tribunal warns of ‘significant and irreversible prejudice’ as ministers push standardisation without iwi consultation
**Wellington** — The Government has agreed to repeal, amend or weaken Treaty of Waitangi references in at least 19 pieces of legislation. The laws cover education, health, climate change and conservation, according to previously redacted Cabinet papers released through the Waitangi Tribunal process.
Justice Minister Paul Goldsmith announced the affected laws on Friday, hours before the Tribunal released its stage one report into the Education and Training Act inquiry. Ministers have agreed to cap all Treaty obligations at no higher than a “take into account” threshold — the weakest legal standard.
The Waitangi Tribunal granted an urgent inquiry into the review earlier this month, warning the changes risk causing “significant and irreversible prejudice” to Māori. The inquiry was sparked by a claim from Ngāti Hine. It now involves more than 20 parties, including the National Iwi Chairs Forum, the New Zealand Māori Council and urban Māori organisations.
Cabinet papers show officials warned that a lack of consultation with iwi and hapū before policy decisions were made would likely have “adverse effects on the Māori Crown relationship”. The Ministry of Justice’s own Regulatory Impact Assessment Quality Assurance Panel found the analysis was “not sufficiently developed to form a basis for Ministers to make informed decisions”. Goldsmith wrote that the review was “necessary to effectively address the issue of certainty in legislation”.
The Government will repeal Treaty references in the Education and Training Act, the Smokefree Environments and Regulated Products Act, and the Crown Pastoral Land Act. In other laws, including the Climate Change Response Act, the Pae Ora Act and the EEZ Act, clauses will be weakened to “take into account”.
What this means for Māori and Pacific communities
For Māori and Pacific communities, the changes represent a fundamental shift in how the Crown’s Te Tiriti obligations operate across daily life — from healthcare under the Pae Ora Act to climate adaptation decisions. Weakening these clauses removes a key lever iwi and hapū have used to hold the Crown accountable. Pacific communities, who often benefit from the same equity-focused provisions, face parallel risks as protections in health and environmental legislation are wound back.
What comes next
The Waitangi Tribunal has yet to hear a second urgent inquiry into the wider Treaty clause review. A bill is expected to be introduced before the 2026 general election, setting up a high-stakes political fight as polls show the Government and opposition effectively tied.
