Have Your Say On The Proposed Changes To Tiriti O Waitangi/Treaty Of Waitangi Provisions

by · SCOOP

The Justice Select Committee has called for joint submissions on three bills.

At this stage, no closing date has been set for submissions, but the public is encouraged to share their views by 1 December 2026, so that submissions can be processed and ready for the next Parliament as soon as one is formed.

The online submissions portal will remain active through the 2026 General Election period (the “interregnum”), until a new Justice Committee is convened in the next term of Parliament. The new committee will decide when to close the submissions portal. Any documents uploaded to the submissions portal during the interregnum will be provided to the new committee.

Submissions cover all bills

The committee acknowledges that the three bills are closely related, and that many submitters will likely wish to comment on all bills. As such, the committee has taken the approach of issuing one joint call for submissions. Submissions made through this portal can discuss one or multiple bills. You do not need to make a separate submission on each bill. All submissions will be counted towards all bills.

Suggestion for structuring submissions

If commenting on some or all bills, a useful way to structure submissions could be to have “parts” in your submission. For example:

• part 1: high-level views on the policy intent of the overall reform package

• part 2: comments on any shared provisions in the bills

• part 3: feedback on clauses in the References to Tiriti o Waitangi/Treaty of Waitangi (Standardisation) Amendment Bill and

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• part 4: feedback on clauses in the References to Tiriti o Waitangi/Treaty of Waitangi (Repeals) Amendment Bill and

• part 5: feedback on clauses in the References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Bill.

This is a suggestion only. Committee members look forward to receiving public feedback on the bills, regardless of how you choose to structure your submission.

Inappropriate submission content

Submissions should not contain racist material, offensive language, or allegations, threats, or offensive personal attacks against members of Parliament. Anonymity is generally not afforded to submitters without appropriate reasons. Please contact committee staff if you would like to request anonymity.

About the bills

The three bills are omnibus bills, which would amend several different Acts. Together, the bills aim to make changes that affect the way that Te Tiriti o Waitangi/The Treaty of Waitangi is given legal effect in law.

The References to Tiriti o Waitangi/Treaty of Waitangi (Standardisation) Amendment Bill seeks to implement standardised drafting to descriptive Tiriti o Waitangi/Treaty of Waitangi provisions and references to the Treaty without substantively changing their legal effect. It would do so by:

• standardising references to the Treaty to include a reference to both the Treaty of Waitangi and te Tiriti o Waitangi in all instances and retaining references to Treaty principles

• reducing variation between descriptive Treaty provisions by adopting a standard form descriptive Treaty clause

• standardising minor and technical drafting discrepancies to ensure consistency between provisions.

The References to Tiriti o Waitangi/Treaty of Waitangi (Repeals) Amendment Bill seeks to repeal statutory references to the principles of te Tiriti of Waitangi/the Treaty of Waitangi from 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.

The References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Bill proposes to amend the:

• Mental Health and Wellbeing Commission Act 2020

• Water Services Authority—Taumata Arowai Act 2020

• Criminal Cases Review Commission Act 2019

• Education and Training Act 2020.

The bill seeks to standardise Treaty provisions that impose or refer to obligations, so that they are consistent across the statute book. It would do so by changing these provisions to a single standard of “take into account”.

Tell the Justice Committee what you think

Make a submission on the bills.

Read the bills:

• References to Tiriti o Waitangi/Treaty of Waitangi (Standardisation) Amendment Bill

• References to Tiriti o Waitangi/Treaty of Waitangi (Repeals) Amendment Bill

• References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Bill

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