Cabinet Agrees to Next Steps for Treaty Principles Bill to Define Treaty of Waitangi Principles

“The Treaty Principles Bill provides Parliament with the opportunity to define the principles of the Treaty, ensuring that all individuals are treated equally under the law,” Mr. Seymour said.

Associate Justice Minister David Seymour has announced that Cabinet has agreed on the next steps for the Treaty Principles Bill, which seeks to define the principles of the Treaty of Waitangi within New Zealand law.

“The Treaty Principles Bill provides Parliament with the opportunity to define the principles of the Treaty, ensuring that all individuals are treated equally under the law,” Mr. Seymour said.

Since the introduction of the Treaty principles into legislation in 1975, the lack of a formal definition has led courts, the Waitangi Tribunal, and public services to develop interpretations that some New Zealanders believe undermine the principle of equal rights. These interpretations include the use of co-governance in public services and ethnic quotas within public institutions.

“The principles are not going away,” Seymour added. “Parliament must define them, or the courts will continue to explore this politically and constitutionally significant area. The Bill is designed to provide clarity and certainty, fostering a national dialogue about the Treaty’s role in our constitutional framework.”

Cabinet has agreed to include the following principles in the Bill:

Civil Government: The New Zealand Government has full authority to govern, and Parliament has full power to create laws that serve the interests of all citizens, in line with the rule of law and democratic values.

Rights of Hapū and Iwi Māori: The Crown recognizes and protects the rights of hapū and iwi as understood when the Treaty was signed, with the distinction that these rights may only differ from others’ rights when specified by legislation, Treaty settlements, or agreements with the Crown.

Right to Equality: All individuals are equal before the law and are entitled to equal protection and benefit under the law without discrimination, enjoying the same fundamental human rights.

A draft of the Bill will be prepared and presented to Cabinet before its introduction to Parliament later this year. Once the Bill reaches its first reading, all New Zealanders will have the opportunity to make submissions and suggest changes during the select committee stage, which will involve MPs from various political parties.

The Bill will not amend the Treaty of Waitangi itself. Instead, it aims to guide the interpretation of relevant legislation where Treaty principles apply, especially in cases where these principles are directly referenced.

Seymour concluded by noting, “The Treaty is a powerful guide for New Zealand’s future, affirming that all citizens have the same rights and duties while obligating the government to protect those rights. I look forward to the national conversation about the Treaty’s place in our constitutional arrangements.”