The Waitangi Tribunal has found the Crown breached multiple principles of Te Tiriti o Waitangi by approving plans to repeal and weaken Treaty protections across 18 pieces of legislation, warning the changes would cause "significant prejudice" to Māori and further damage the Māori-Crown relationship.

In its report, Te Tinihanga o Ngā Mātāpono: The Urgent Report on the Treaty Principles Reform, the Tribunal found Cabinet approved the changes "on the basis of a flawed rationale and in an absence of supporting evidence".

It found ministers made the decisions "without adequately informing" themselves of the effects the reforms would have on Māori, "prioritising coalition agreement commitments over the need to make informed policy decisions", and "in the absence of meaningful engagement with Māori".

Chief Judge Dr Caren Fox said the Crown had effectively chosen political commitments over informed policy-making, saying ministers acted "in disregard for the Treaty/Tiriti partnership" and without properly understanding the effects the proposed changes would have on Māori interests.

"These reforms would be a significant constitutional regression in terms of the legislative recognition of the Treaty/te Tiriti," she said.

The Tribunal said those decisions breached several Treaty principles, including good government and active protection, and were "inconsistent with upholding the honour of the Crown."

The findings come after iwi leaders, constitutional experts and Māori organisations told the Tribunal the reforms were "the most wide-ranging legislative breach of Te Tiriti in modern history," describing them as "an unrelenting assault" on Māori rights.

In February, Cabinet agreed to several amendments to Treaty/Tiriti provisions across 18 pieces of legislation, including to repeal multiple provisions and to lower the Treaty/Tiriti weighting in provisions included in the relevant statutes to no higher than 'take into account'.

The Tribunal found Māori would be "significantly prejudiced" if the reforms proceed, warning they could result in poorer environmental and health outcomes, weaken Māori kaitiakitanga and tino rangatiratanga, and further damage the Māori-Crown relationship.

It also said the reforms had "seriously damaged the Māori-Crown relationship" and sent "a strong signal across the public sector that the Treaty/te Tiriti may be downgraded in decision making".

The Tribunal recommended the government "immediately pause its reforms" until meaningful co-design with Māori has taken place.

It also recommended no Treaty provisions be repealed or downgraded, that the Crown undertake thorough engagement with Māori affected by each statute, and, if legislation proceeds to Select Committee, that Parliament undertake a more comprehensive process than a standard Select Committee inquiry.

"If the proposed reforms are enacted without meaningful co-design engagement with Māori, the Crown will breach the principles of good government and active protection. Additionally, in doing so, the Crown would fail to adequately recognise Māori tino rangatiratanga and as such be in breach of the principle of partnership. Finally, if the proposed reforms are enacted, the Crown will breach the principles of active protection, equity, and redress."

In a statement to RNZ, Justice Minister Paul Goldsmith said the government's position remains unchanged.

"I have received the report and will review it in due course," he said.

"We do not agree or accept that this legislation weakens treaty obligations."

"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'."

Goldsmith said they 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."

The 19 Statutes Affected by Cabinet's February 2026 Decision are:

  • The Climate Change Response Act 2002
  • The Criminal Cases Review Commission Act 2019
  • The Crown Pastoral Land Act 1998
  • The Data and Statistics Act 2022
  • The Digital Identity Services Trust Framework Act 2023
  • The Education and Training Act 2020
  • The Energy Efficiency and Conservation Act 2000
  • The Environment Act 1986
  • The Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012
  • The Hazardous Substances and New Organisms Act 1996
  • The Land Transport Management Act 2003
  • The Local Government Act 2002
  • The Mental Health and Wellbeing Commission Act 2020
  • The Oranga Tamariki Act 1989
  • The Organic Products and Production Act 2023
  • The Pae Ora (Healthy Futures) Act 2022
  • The Plant Variety Rights Act 2022