The Waitangi Tribunal

On 31 July 2026, the Waitangi Tribunal released a pre-publication copy of Te Tinihanga o ngā Mātāpono: The Urgent Report on the Treaty Principles Reform, a report on the Crown’s proposals to reduce or remove Treaty of Waitangi / te Tiriti o Waitangi provisions from 18 pieces of legislation.

On 23 February 2026, Cabinet had agreed to several amendments to Treaty/Tiriti provisions, including to repeal multiple provisions and to lower the Treaty/Tiriti weighting in provisions included in the relevant statutes to no higher than ‘take into account’. On 21  April, the Tribunal received a claim from the claimants for Wai 682, the Ngāti Hine Lands, Forests, and Resources Claim, contending that, in deciding to make these legislative changes, the Crown had breached the principles of the Treaty/te Tiriti as, if enacted, the reforms would lead to the marginalisation of Māori interests in the operation of law and policy. The claim was registered as Wai 3565, and 56 parties were granted interested party status. The claimants also filed an application for urgency, and the Tribunal received 31 submissions supporting it, though the Crown opposed it. After consideration, Chief Judge Dr Caren Fox granted urgency on 6 May. The panel appointed to hear the claim comprised Chief Judge Dr Fox (presiding), Derek Fox, and Dr Paul Hamer, and the hearing was held at the James Cook Hotel in Wellington on 2 and 3 June 2026.

The report focused on the rationale behind the reforms, the adequacy of the policy process followed by the Crown in progressing them, and the impacts the reforms would have on Māori if enacted. In producing this analysis, the report canvassed the wider context surrounding Treaty/Tiriti provisions in legislation, including their utility and the role that they play within the Māori–Crown relationship. 

• approving legislative proposals to substantively repeal several provisions (subject to ministerial approval) and to amend Treaty/Tiriti weightings in the affected provisions to no higher than ‘take into account’ on the basis of a flawed rationale and in an absence of supporting evidence;
• approving legislative proposals to amend or repeal the provisions in question without adequately informing itself of the effects of the changes on Māori or Māori interests;
• prioritising coalition agreement commitments over the need to make informed policy decisions; and
• making substantive policy decisions to approve the legislative proposals in the absence of meaningful engagement with Māori on the proposals in question. The Tribunal also considered this omission to be inconsistent with upholding the honour of the Crown.

The Tribunal further found that, if the proposed reforms were enacted without meaningful co-design engagement with Māori, the Crown would breach the principles of good government and active protection. Additionally, in doing so, the Crown would fail to adequately recognise Māori tino rangatiratanga and, as such, be in breach of the principle of partnership. Finally, if the proposed reforms were enacted, the Crown would breach the principles of active protection, equity, and redress. 

The Tribunal considered that Māori would be significantly prejudiced by the Crown’s proposed reforms which, if enacted, could result in poorer environmental and health outcomes for Māori and would negatively impact Māori kaitiakitanga and rangatiratanga. The reform process has seriously damaged the Māori–Crown relationship and caused distress and uncertainty among Māori as to the future legislative protection of their interests. Further, the Tribunal considered that the Crown had sent a strong signal across the public sector that the Treaty/te Tiriti may be downgraded in decision making. In order to mitigate the prejudice already caused and to prevent future prejudice to Māori as a result of the proposals, the Tribunal recommended that: 

• the Crown immediately pause its reforms and not progress them until meaningful co-design with Māori had occurred;
• no Treaty/Tiriti provisions should be repealed or downgraded;
• upon the identification of a coherent rationale on the part of the Crown for change, the Crown should conduct thorough engagement with all Māori stakeholders associated with each affected statute;
• if the Crown did not halt its process and it introduced a Bill which was then referred to select committee, there should be a more meaningful and in-depth process than a standard select committee inquiry; and
• the Crown should meaningfully consult with post-settlement governance entities about the potential impact of the proposed changes on their Treaty settlements.

Finally, the Tribunal reserved its jurisdiction to consider the proposed reforms further should they be enacted or if Cabinet’s broader decision that the ‘take into account’ Treaty/Tiriti weighting be the default preference in other legislation, resulting in further weakening of Treaty/Tiriti provisions beyond the statutes specifically in scope of its February 2026 decision.