Govt Moves to Rewrite Treaty Clause References Across 19 Laws in Major Legal Overhaul

“Over the last 30 or 40 years, Parliament has made all sorts of references to the principles of the Treaty of Waitangi,” Mr Goldsmith said.

The Government is preparing one of the most significant reforms of Treaty-related legislation in decades after agreeing to amend 19 separate laws to standardise how references to the principles of the Treaty of Waitangi are used across New Zealand's legal system.

Justice Minister Paul Goldsmith announced the move today, saying the changes are designed to create greater legal consistency, improve certainty for public agencies and courts, and reduce confusion caused by decades of differing Treaty clause wording embedded throughout legislation.

The review forms part of the National–New Zealand First coalition agreement and marks a major constitutional and political development likely to trigger intense national debate over the role of the Treaty of Waitangi in modern lawmaking and public policy.

"Over the last 30 or 40 years, Parliament has made all sorts of references to the principles of the Treaty of Waitangi," Mr Goldsmith said.

"Sometimes it's 'honour', or 'have regard to', or 'give effect to', or 'take into account'. We need to create some consistency here, in the interests of increasing certainty and supporting compliance. A core foundation of our success as a nation is predictability in the law."

Major Treaty Clause Review Ordered Under Coalition Agreement

The review was launched as part of the coalition agreement between National and New Zealand First, which committed the Government to examining all legislation containing references to "the principles of the Treaty of Waitangi."

The stated goal was to either:

• Replace broad Treaty principles clauses with more specific wording defining how the Treaty applies, or

• Remove certain Treaty references altogether where the Government considered them unnecessary or unclear.

Initially, 28 Acts of Parliament were identified for review, including major statutes such as the Conservation Act.

However, the Government has since narrowed the scope to 19 Acts after determining some legislation was already being examined through separate review processes.

Importantly, ministers confirmed that all existing full and final Treaty settlements will remain untouched and excluded from the review.

Officials say this is intended to avoid reopening historical settlement agreements negotiated between the Crown and iwi.

Government to Repeal Some Treaty References and Lower Legal Thresholds

Following recommendations from an advisory group established to examine the legislation, Cabinet has now agreed to several significant changes.

According to Mr Goldsmith:

• Two Treaty references will be rewritten using more specific wording

• Seven Treaty references will be repealed entirely

• Ten Acts will be amended so that Treaty obligations require no higher standard than authorities needing to "take into account" the Treaty

That final point is likely to become particularly contentious.

Over recent decades, Treaty clauses in legislation have used a range of legal obligations with varying strength, including:

• "Give effect to"

• "Have regard to"

• "Take into account"

• "Act consistently with"

• "Recognise and provide for"

Legal experts say these distinctions are highly significant because they determine how strongly government agencies, courts, councils, and ministers must consider Treaty interests when making decisions.

The Government's move to standardise the wording at the lower "take into account" threshold across multiple Acts is expected to substantially narrow the legal weight of some Treaty obligations.

Critics are likely to argue the reforms weaken Treaty protections and reduce the Crown's responsibilities toward Māori under existing statutory frameworks.

Supporters, however, say the changes will improve clarity, reduce legal uncertainty, and prevent inconsistent interpretations developing across different sectors of law.

Shift Toward Dual Treaty Terminology

The Government has also agreed that future legislation should consistently refer to both "the Treaty of Waitangi" and "te Tiriti o Waitangi."

"The Government has also agreed a reference to both the Treaty of Waitangi and te Tiriti o Waitangi is preferable and should be used in all relevant provisions going forward," Mr Goldsmith said.

The move reflects increasing official recognition of both the English and Māori texts of the Treaty signed in 1840, although debates continue over differences between the two versions and their constitutional implications.

Constitutional Debate Expected to Intensify

The announcement is likely to reignite broader national debate over the constitutional role of the Treaty, co-governance arrangements, Māori rights, and the interpretation of Treaty principles in public administration.

Treaty principles have become deeply embedded across many areas of New Zealand law and policy over the past four decades, influencing:

• Resource management

• Environmental protection

• Health policy

• Education

• Conservation

• Local government

• Crown-Māori relations

• Public service obligations

However, critics — particularly within parts of the political right — have increasingly argued that Treaty principles are inconsistently defined and have expanded beyond Parliament's original intentions.

Supporters of Treaty-based legal frameworks argue the principles are essential to recognising Māori rights, partnership obligations, and historical commitments between the Crown and tangata whenua.

The reforms are expected to face close scrutiny from constitutional lawyers, iwi leaders, academics, public sector organisations, and opposition parties.

Consultation with Iwi Underway

Mr Goldsmith said the Government has already begun consultation with iwi and confirmed the proposed legislative changes will proceed through the full parliamentary select committee process.

"We are now consulting with Iwi, and the legislation will go through a full select committee process where all New Zealanders can have their say," he said.

The Government also signalled today's announcement represents only an initial phase of the broader Treaty clause review process.

"These decisions have been made as a first step," Mr Goldsmith said.

"Conversations will continue around how this review could go further in the future."

Political analysts say the reforms could become one of the defining constitutional debates of the current parliamentary term, particularly as questions around Treaty interpretation continue to shape discussions about governance, lawmaking, and national identity in New Zealand.