What you need to know about ACT's latest ‘principles’ bill

Wednesday, 14 May 2025

David Seymour says the defeat of his Treaty Principles Bill won't stop the conversation on equal rights. He claims no one presented strong arguments against it and promises further action before the next election.

An urgent Waitangi Tribunal inquiry into ACT’s Regulatory Standards Bill is being heard on Wednesday.

It comes after a fast-tracking request by Toitū Te Tiriti - the group behind the hugely popular anti-Treaty Principles Bill campaign.

What is the Regulatory Standards Bill?

The bill would propose a set of regulatory principles: lawmakers - agencies, ministries - would have to assess regulation design, including lawmaking against the principles, and if they don’t match, ministers would have to explain why.

ACT leader and Regulation Minister David Seymour says the Regulatory Standards Bill would cast sunlight on regulation decision-making. (File photo)

The principles would be grouped into categories like rule of law, liberties, and good law-making. For example, they would make governments keep an eye on whether every person is equal before the law when they design legislation

There would, however, be no regulatory principle covering Te Tiriti o Waitangi.

The Treaty Principles Bill is defeated 112–11, following nationwide protests and 300,000 submissions. But tensions remain, as David Seymour signals treaty issues will return at the next election.

There would be a regulatory standards board that could hold inquiries after complaints from the public about regulations, on direction from ministers or on its own accord. Its recommendations would be non-binding.

These regulatory principles, which would come into effect on January 1, 2026, would cover not just new laws, but older laws too.

Old laws could be reviewed - ministers forced to report back to Parliament, explain why there are inconsistencies against the principles, and what will be done to fix them.

Why the need for speed?

The tribunal hearings were originally set down for June 6, but once a bill is introduced to Parliament, the tribunal loses its jurisdiction.

Regulation Minister David Seymour said he would take the bill, part of his party’s coalition deal with National, to Cabinet on May 19 for approval to introduce it to Parliament.

Lady Tureiti Moxon, Māori health champion, says the bill would undo decade of Te Tiriti-based progress. (File photo)

Now the hearing has been moved forward at the request of Toitū Te Tiriti - although the tribunal declined the group’s request to issue a summons for Seymour to appear as a witness.

The bill follows ACT’s failed attempt at passing the Treaty Principles Bill, which had coalition-deal support from National through the public submissions stage. It was killed at its second reading.

The latest bill has sparked concern from many throughout Māoridom, including Māori health champion Lady Tureiti Moxon, who said it was “a dangerous and direct threat to Te Tiriti o Waitangi and the rights of Māori”.

“This legislation will further marginalise Māori voices in law-making and governance.”

This month Māori development minister Tama Potaka announced a review of the Treaty of Waitangi Act. (File photo)

Moxon said she believed its coverage of old laws meant it would give sweeping powers to undo decades of Tiriti-based progress.

Indeed, the detailed proposal to Cabinet included concerns from Te Puni Kōkiri, the Government’s own Māori development agency, that the bill “would not recognise either the rights and interests of iwi, hapū and Māori recognised or created by the Treaty/te Tiriti or the constitutional importance of the Treaty/te Tiriti”.

Why is it needed?

ACT leader Seymour said when inconsistencies were found with the principles, the responsible minister would have to respond and explain the “deviation”.

He said it would raise the political cost of bad regulation, potentially cut red tape and cast “sunlight” on politicians’ activities.

“That is how the… bill will help New Zealand get its mojo back. It will finally ensure regulatory decisions are based on principles of good law-making and economic efficiency.”

Regulation includes legislation and is effectively how the Government influences and directs people.

“In a nutshell: If red tape is holding us back, because politicians find regulating politically rewarding, then we need to make regulating less rewarding for politicians,” Seymour said.

Meanwhile, the tribunal inquiry comes against the backdrop of a coalition Government review announced on May 9 of the Treaty of Waitangi Act that established the tribunal.

Māori Development Minister Tama Potaka said the review would ensure the tribunal remained “focused, relevant, effective and fit for purpose”.

Seymour said the review would put the tribunal in its place.