NZ Government to review Treaty of Waitangi Act following defeat of Principles Bill

Joseph Guenzler
Joseph Guenzler Published May 14, 2025 at 3.00pm (AWST)

Following the defeat of the Treaty Principles Bill in Parliament, the New Zealand government has announced a formal review of the Treaty of Waitangi Act 1975, which governs the operations of the Waitangi Tribunal.

Māori Development Minister Tama Potaka, of the Mōkai Pātea, Whanganui, Taranaki iwi's, said the review will ensure the Tribunal remains effective and fit for purpose in a changing context.

He noted the progress of historical Treaty settlements and concerns about the Tribunal's current workload as reasons for the review.

"Over the past 50 years, the Tribunal has made significant contributions to the Māori Crown relationship and informed the settlement of both historical and contemporary Treaty claims impacting generations of whānau across the country," he said.

"Given the progress of historical claims and settlements and concerns about the Tribunal's current workload, it is timely to review the legislation that determines how it undertakes its inquiries."

An Independent Technical Advisory Group (ITAG) will lead the review, chaired by King's Counsel Bruce Gray and supported by Te Puni Kōkiri.

The group will consult with iwi (tribal groups), Treaty law experts, and current and former Tribunal members.

Ministers are expected to receive advice by September 2025, with legislation proposed before the end of the year.

Mr Potaka said the goal was to ensure the Tribunal's work remains aligned with its founding legislation.

"The review will ensure the Waitangi Tribunal remains focused, relevant, effective and fit for purpose not just for today, but for the generations to come," he said.

Hūhana Lyndon says the review is a move to weaken Te Tiriti and silence Māori voices. (Image: Greens)

However the announcement has already drawn criticism from the opposition, with Green Party MP and Māori Development spokesperson Hūhana Lyndon calling it an "attack" on Te Tiriti o Waitangi.

"This is not about improving the Waitangi Tribunal like the Minister says," Ms Lyndon said.

"It is about making it easier to trample all over Te Tiriti and punch down on tangata whenua (people of the land)."

She pointed to a pattern of recent government decisions, including the now-defeated Treaty Principles Bill and the removal of Section 7AA from the Oranga Tamariki Act, as signs of continued attempts to weaken Treaty obligations.

"Te Tiriti provides a layer of protection for our people and our lands...this does not suit the Government's agenda," Ms Lyndon said.

"We know our communities will not stand for this."

The Treaty of Waitangi Act review comes at a sensitive time, following months of protest and more than 300,000 public submissions opposing efforts to redefine the Treaty.

While the government says this review is focused on improving function and clarity, critics say it continues a trend of diminishing Indigenous voice and accountability.

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