The Waitangi Tribunal has delivered a strongly critical assessment of the Government’s proposed reforms to Treaty of Waitangi provisions in legislation, recommending the Crown immediately pause its programme and undertake meaningful co-design with Māori before any further changes are made.
In its urgent report, Te Tinihanga o Ngā Mātāpono: The Urgent Report on the Treaty Principles Reform, the Tribunal examined Cabinet’s decision to amend Treaty and Te Tiriti provisions across 18 pieces of legislation, finding the decision-making process breached multiple Treaty principles and failed to adequately consider the impact on Māori.
The inquiry considered claims that the Government’s proposals would weaken the role of Te Tiriti in law and public policy, ultimately leading to the marginalisation of Māori interests.
Tribunal finds multiple Treaty breaches
The Tribunal concluded that Cabinet’s February 2026 decision breached the principles of good government and active protection by approving legislative changes based on what it described as a flawed rationale and without sufficient supporting evidence. It also found the Crown failed to properly assess the likely effects on Māori and prioritised coalition commitments over informed policy development.
The report also found there had been no meaningful engagement with Māori before substantive policy decisions were made, describing this as inconsistent with the honour of the Crown.
Looking ahead, the Tribunal warned that if the reforms proceed without genuine co-design, the Crown would also breach the principles of partnership by failing to adequately recognise Māori tino rangatiratanga. It further concluded the proposed reforms would breach the principles of active protection, equity and redress if enacted.
Concerns over impacts on Māori
The Tribunal said Māori would face significant prejudice if the reforms became law.
It warned the proposed changes could contribute to poorer environmental and health outcomes for Māori while weakening Māori kaitiakitanga and rangatiratanga. The report also concluded the reform process had damaged the Māori–Crown relationship and created uncertainty about the future protection of Māori interests in legislation.
The Tribunal further expressed concern that the Government’s approach had sent a broader signal across the public sector that the role of Te Tiriti could be downgraded in official decision-making.
Recommendations to Government
To address those concerns, the Tribunal has recommended the Government:
- Immediately pause the reform programme until meaningful co-design with Māori has occurred.
- Retain existing Treaty and Te Tiriti provisions rather than repealing or weakening them.
- Undertake thorough engagement with Māori stakeholders affected by each piece of legislation.
- Ensure any future select committee process is more comprehensive than a standard inquiry.
- Consult directly with Post-Settlement Governance Entities about the potential impacts on Treaty settlements.
The Tribunal has also reserved the right to revisit the matter if the reforms proceed or if further legislation weakens Treaty provisions beyond those already under consideration.
Constitutional debate continues
The report adds further weight to one of the most significant constitutional debates facing Aotearoa ahead of the General Election.
The Government has argued that reviewing Treaty clauses across legislation is intended to provide greater consistency and clarity in law.
However, Māori organisations, iwi leaders and legal experts have consistently raised concerns that reducing the strength of Treaty provisions risks diminishing Māori rights and undermining the partnership established under Te Tiriti o Waitangi.
The Tribunal’s findings are likely to intensify political and legal scrutiny of the reforms as Parliament considers the next stages of the Government’s legislative programme.
For many Māori, the report represents a significant affirmation that changes affecting Te Tiriti should not proceed without robust evidence, genuine consultation and meaningful partnership with tangata whenua.
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