Proposed Treaty Clause Changes Labeled "As Damaging as Treaty Principles Bill"

Legal experts and Iwi leaders warn that a new draft Bill could be "as damaging as the Treaty Principles Bill" by lowering Treaty obligations to a "take into account" standard.

By: AXL Media

Published: May 1, 2026, 3:52 AM EDT

Source: RNZ Pacific

Lowering the Legal "Ceiling" for Te Tiriti

The primary concern for legal scholars lies in the specific phrasing used to define government obligations. In a legal context, the requirement to "give effect to" the Treaty creates a high priority for its principles in decision-making. By contrast, the proposed standard to "take into account" means Treaty considerations become just one of many factors for officials to weigh. Dr. Fitzmaurice-Brown argues that this sets a "very low ceiling" on the influence of Te Tiriti, effectively limiting its constitutional weight in any given context.

Justice Minister Defends Review for "Certainty"

Justice Minister Paul Goldsmith has defended the review, asserting that Treaty references in existing laws have become "vague" and inconsistent over the last two decades. He argues that the new legislation will increase certainty and support compliance by making Treaty references more specific. Goldsmith noted that the Advisory Group has provided its recommendations and the government is currently consulting with Iwi leaders. He emphasized that full and final Treaty settlements are excluded from this review and that the legislation will undergo a full select committee process.

The Nine Acts Facing Amendment or Repeal

A letter from Paul Goldsmith and Shane Jones to the National Iwi Chairs Forum detailed exactly which pieces of legislation are targeted: