With the Treaty Principles Bill voted down in Parliament last week, the coalition government is now moving ahead with a broader programme to review how Treaty clauses are used across dozens of existing laws.
Justice Minister Paul Goldsmith confirmed that officials have completed policy work reviewing Treaty-related provisions in 28 laws.
Rather than using an omnibus bill, changes will be introduced one by one, with options ranging from retaining existing clauses to clarifying or removing them where they are considered unnecessary or unclear.
Goldsmith says that too many past laws have included vague Treaty references “without much thought,” creating legal uncertainty for courts, councils, and businesses. The aim now is to ensure all Treaty references are purposeful, proportionate, and aligned with the intent of each law.
Changes are also being considered to the Waitangi Tribunal’s scope. The coalition agreement with New Zealand First proposes refocusing the Tribunal’s role to better reflect its original intent, especially as historic claims begin winding down. Some in Cabinet now suggest the Supreme Court’s recent ruling may remove the need for immediate changes to the Marine and Coastal Areas Act, which remains under review.
Treaty law academic Luke Fitzmaurice-Brown argues these moves are “insidious” and fears they will “water down” Māori protections in legislation. But Goldsmith insists the Government is balancing respect for Treaty commitments with the democratic principle of equal treatment under the law.
“It’s not about disrespecting the Treaty,” he told Newsroom. “It’s about making sure it’s applied appropriately.”
Centrist Ltd.