National Iwi Chairs Forum Challenges Government Over Proposed Treaty Clause Dilution

The National Iwi Chairs Forum accuses the NZ government of breaching Treaty obligations by proposing weaker language in legal clauses without Māori consultation.

By: AXL Media

Published: Apr 30, 2026, 3:12 AM EDT

Source: RNZ Pacific

Allegations of Procedural and Constitutional Breach

In a joint letter addressed to Prime Minister Christopher Luxon and senior ministers, the NICF expressed its opposition to both the proposed legislative amendments and the unilateral process adopted by the Cabinet. The forum argues that the lack of engagement constitutes a direct violation of the Crown’s duty to act as a Treaty partner. According to the letter, the government’s attempt to clarify Treaty obligations through legislation is being conducted in a manner that ignores the very groups those obligations are meant to protect.

The Shift Toward 'Take Into Account' Standards

The core of the legal dispute involves a move by the Justice Ministry to standardize Treaty references. Justice Minister Paul Goldsmith informed the forum that the Cabinet intends to proceed with a draft bill ensuring that no higher legal standard than "take into account" is used in statutes. Professor Margaret Mutu, Pou Tikanga co-chair of the NICF, warned that this represents the "weakest possible form" of obligation. She contended that "take into account" provides a legal mandate for officials to acknowledge Treaty principles briefly before ultimately ignoring them, marking a massive shift away from stronger requirements like "giving effect" to the Treaty.

Government Defense and Claims of Clarity

Despite the backlash, Prime Minister Christopher Luxon has confirmed that the government will move forward with the legislation. Luxon argued that the changes are necessary to provide "clarity" where current law is seen as ambiguous. He maintained that while Treaty settlements will be upheld, the new specific clauses will ensure both parties are clear on their statutory obligations. Justice Minister Paul Goldsmith rejected the claim of a Treaty breach, framing the current stage as the beginning of a long parliamentary process that will include select committee hearings and further discussions.