Govt agrees to change or scrap Treaty of Waitangi references in 19 laws

Justice Minister Paul Goldsmith has confirmed how many changes will be made following its review. Photo / Michael Craig

The Government will change or remove references to the Treaty of Waitangi that are included in 19 pieces of legislation.

In a statement, Justice Minister Paul Goldsmith confirmed two references would be amended, seven would be repealed and in 10 pieces of legislation, it would be specified that Treaty provisions should be considered by no higher standard than “take into account”.

It fulfills a long-delayed coalition agreement item between National and New Zealand First to review Treaty clauses in legislation over concerns references were too varied and difficult to interpret.

“Sometimes it’s ‘honour’, or ‘have regard to’, or ‘give effect to’, or ‘take into account’,” Goldsmith said of the references.

“We need to create some consistency here, in the interests of increasing certainty and supporting compliance.”

In April, the Herald revealed Cabinet in February had decided to amend and repeal some laws following the review but did not confirm publicly which laws were being impacted.

The amendments and removals relate to specific sections within the different pieces of legislation.

The two laws with references being amended are:

• Section 14(a) of the Data and Statistics Act 2022.
• Section 8 of the Hazardous Substances and New Organisms Act 1996.

The seven laws with references being repealed are:

• Section 536A(1) of the Education and Training Act 2020.
• Section 6(d) of the Energy Efficiency and Conservation Act 2000.
• Sections 4 and 5(1)b) of the Organic Products and Production Act 2023.
• Section 3AB of the Smokefree Environments and Regulated Products Act 1990.
• Section 84(b) of the Crown Pastoral Land Act 1998.
• Section 54 of the Plant Variety Rights Act 2022.

The 10 laws where references are being specified to be taken into account are:

• Section 3A of the Climate Change Response Act 2002.
• Section 15(3) of the Criminal Cases Review Commission Act 2019.
• Section 5 of the Crown Pastoral Land Act 1998.
• Sections 4 and 14(a) of the Data and Statistics Act 2022.
• Sections 4(2) and 9 of the Digital Identity Services Trust Framework Act 2023.
• Sections 9 and 535B(a) of the Education and Training Act 2020.
• Sections 3(3)(c) and 12 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012.
• Sections 3(b)(i) and 9(1)(a) of the Mental Health and Wellbeing Commission Act 2020.
• Sections 5(1) and 6 of the Pae Ora (Healthy Futures) Act 2022.
• Sections 5(g)(i) and 19(1)(b)(i) of the Water Services Authority – Taumata Arowai Act 2020.

The Government initially intended to assess 28 pieces of legislation in its review but had reduced the number to 19. Goldsmith said some laws were being reviewed “through other processes” but did not provide further detail.

The acts being reviewed separately are:

• Conservation Act 1987.
• Crown Minerals Act 1991.
• Resource Management Act 1991.
• Harbour Boards Dry Land Endowment Revesting Act 1991.
• Hauraki Gulf Marine Park Act 2000.
• Urban Development Act 2020.
• Kāinga Ora Homes and Communities Act 2019.

The Government had also agreed references to the Treaty should refer to both the English and Māori texts and should be used “in all relevant provisions” going forward.

Goldsmith described the decision as a “first step” and said conversations would continue regarding how the review could be extended.

He said the Government was consulting iwi over the changes and the legislation to enact the changes would go through a full select committee process.

Adam Pearse is the Deputy Political Editor and part of the NZ Herald’s Press Gallery team based at Parliament in Wellington. He has worked for NZME since 2018, reporting for the Northern Advocate in Whangārei and the Herald in Auckland.