Government caps Treaty obligations at 'take into account' across 19 Acts
Justice Minister Paul Goldsmith has confirmed Cabinet will amend 19 pieces of legislation to cap Crown Treaty of Waitangi obligations at a 'take into account' standard — the lowest threshold in New Zealand statute — repealing seven provisions outright and directly affecting regulatory decision-making across 11 government agencies.
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Justice Minister Paul Goldsmith has confirmed Cabinet will amend 19 pieces of legislation to cap Crown Treaty of Waitangi obligations at a take into account standard — the lowest threshold in New Zealand statute — repealing seven provisions outright and directly affecting regulatory decision-making across 11 government agencies.
Scope and decisions
Justice Minister Paul Goldsmith announced on 15 May 2026 that Cabinet has agreed to amend 19 pieces of legislation covering Treaty of Waitangi references. The decisions flow from a Cabinet meeting on 23 February 2026, according to the Ministry of Justice. The review originally covered 28 Acts managed by 13 agencies in September 2024. It was narrowed to 23 Acts in May 2025 and then to 19 Acts managed by 11 agencies by February 2026.
Cabinet agreed on three tracks: amend two references to be more specific; repeal seven provisions outright; and set a ceiling of take into account across the remaining ten Acts, replacing stronger standards such as give effect to and honour that had accumulated across legislation over the preceding three decades.
The two provisions to be made more specific are section 8 of the Hazardous Substances and New Organisms Act 1996 and section 14(a) of the Data and Statistics Act 2022, according to the Ministry of Justice. Seven provisions are to be repealed, including clauses in the:
Crown Pastoral Land Act 1998
Education and Training Act 2020
Energy Efficiency and Conservation Act 2000
Organic Products and Production Act 2023
Plant Variety Rights Act 2022
Smokefree Environments and Regulated Products Act 1990
Illustration: The Government's review has progressively narrowed from 28 Acts in September 2024 to a final scope of 19 Acts — each carrying Treaty of Waitangi obligations now subject to a uniform 'take into account' ceiling.
Sectors affected
The 19 Acts in scope span health, environment, education, local government, and primary industries. They include the Climate Change Response Act 2002, the Pae Ora (Healthy Futures) Act 2022, the Local Government Act 2002, and the Education and Training Act 2020. Government agencies applying the new ceiling include the Ministry for the Environment, Ministry of Health, Ministry of Education, Stats NZ, and Taumata Arowai (the water services regulator).
For regulated entities — renewable energy developers, primary processors, health providers, transport operators, and local government contractors — the take into account ceiling is expected to reduce the scope for Treaty-based legal challenges to resource consents, funding allocations, and compliance requirements. The Spinoff and 1News reported, however, that Ministry of Justice officials warned in regulatory impact statements that the proposed standard has no apparent benefits and carries significant risks to the Maori-Crown relationship.
1News reported on 19 April 2026 that officials also warned the proposals were drafted without engagement with iwi, hapu, or the general public, leaving the analysis without an adequate basis for informed decision-making.
Review scope: Acts in scope by stage
Scope was progressively narrowed as separate processes and Treaty settlements were excluded.
Source: Ministry of Justice
Coalition origins and Advisory Group
The review originated in the National–NZ First coalition agreement signed on 24 November 2023. The agreement committed the Government to a comprehensive review of all legislation referencing the Principles of the Treaty of Waitangi, to replace such references with specific wording or repeal them outright, excluding full and final Treaty settlements.
A Ministerial Advisory Group chaired by lawyer David Cochrane, and comprising Marama Royal, James Christmas, and John Walters, reported its findings in August 2025. The Spinoff reported that the Advisory Group strongly urged against removing references to Treaty principles and recommended meaningful consultation with Maori. A Ministerial Oversight Group comprising Goldsmith, then-Attorney-General Judith Collins, Shane Jones, and Tama Potaka oversaw Cabinet deliberations.
Over the last 30 or 40 years, Parliament has made all sorts of references to the principles of the Treaty of Waitangi. 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. — Paul Goldsmith, Justice Minister, Beehive press release, 15 May 2026
The Government also agreed that 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, according to the Beehive release.
Tribunal inquiry and Tribunal report
The Waitangi Tribunal granted an urgent inquiry into the review, citing the potential for significant and irreversible prejudice to Maori if the reforms proceed without scrutiny, according to Te Ao News reporting on 7 May 2026. The inquiry, named Te Tinihanga o Nga Matapono o te Tiriti, was initiated by a claim originally filed by Ngati Hine and subsequently joined by 18 other interested parties.
On 14 May 2026, the Waitangi Tribunal released an interim stage one report on Treaty clause changes affecting the Education and Training Act 2020. The Tribunal found the Crown breached the Treaty principles of partnership, active protection, and good government in its approach to changing Treaty obligations in education, and called for an immediate halt to the proposed legislative changes, according to RNZ.
The Tribunal's report also found Cabinet agreed to the proposals despite clear and repeated advice from its own officials that not enough was known about the potential impacts, according to RNZ. The Government had not publicly responded to the Tribunal's findings at the time of publication.
The National Iwi Chairs Forum called for the review to be immediately halted, arguing the Crown had not properly engaged with iwi and hapu on reforms that directly affect Treaty obligations, according to Newsroom. Ministers Paul Goldsmith and Shane Jones initially gave the Forum just 20 days to provide written feedback, later extended by one week, according to Newsroom.
The Waitangi Treaty Grounds, where the Treaty of Waitangi was first signed in 1840 — now at the centre of a legislative review affecting 19 Acts across 11 government agencies.
Legislative timeline
Draft legislation is not expected to be introduced to the House before early August 2026, according to evidence submitted to the Waitangi Tribunal as reported by RNZ. The legislation is expected to proceed before the next general election. Goldsmith described the 23 February decisions as a first step, with further conversations expected on how the review could go further.
The legislation will undergo a full select committee process where all New Zealanders can provide submissions, according to the Beehive release. The Conservation Act 1987 and Resource Management Act 1991 are excluded from the current review and are being addressed through separate processes, according to the Ministry of Justice.
For businesses and agencies operating under the affected statutes, the select committee phase and the pending Waitangi Tribunal inquiry represent ongoing sources of legal and compliance uncertainty. Any surge in Tribunal claims or judicial review proceedings arising from the legislation could offset near-term compliance savings for both government and private-sector entities.
