Waitangi Tribunal calls for halt to Regulatory Standards Bill, finds Crown breached Treaty principles

Friday, 16 May 2025

The Waitangi Tribunal has ruled the Crown has breached Te Tiriti o Waitangi by failing to consult with Māori over the proposed Regulatory Standards Bill.

The Waitangi Tribunal has found the Crown in breach of the Treaty of Waitangi over ACT’s Regulatory Standards Bill, and has called on the Government to immediately halt its advancement.

In its decision released on Friday evening, the tribunal determined the Crown breached the Treaty principles of partnership and active protection by “failing to meaningfully consult with Māori” before Cabinet made decisions as to the content of the bill.

The tribunal found that, if it were to be enacted, it would be of constitutional significance as it seeks to influence the way Parliament makes law, making it inherently relevant to Māori.

ACT leader and Regulation Minister David Seymour says the Regulatory Standards Bill will “help New Zealand get its mojo back”.

The Crown would be in breach of those same principles should it introduce the proposed bill to the House without such meaningful consultation, the tribunal report said.

But ACT leader and Regulation Minister David Seymour is standing by his bill, saying it will help New Zealand “get its mojo back”.

“The Waitangi Tribunal is not a parallel Government elected by New Zealanders, even if it acts like it is,” he said.

“ Ultimately [the bill is] about transparent lawmaking, less red tape, and better lives. All New Zealanders benefit from these principles,” he said.

“The tribunal complains there was a lack of consultation with Māori. But consultation on the proposed bill was open for nearly two months, with 23,000 submissions from the public, including 114 on behalf of iwi/hapū. And everyone, including Māori, will have another chance to submit at select committee,” Seymour said.

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.

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 urgent inquiry came after a fast-tracking request by Toitū Te Tiriti - the group behind the popular anti-Treaty Principles Bill campaign - following an announcement last week that the bill would be introduced to Parliament on Monday.

The tribunal hearings were originally set down for June 6.

“We consider that the Crown’s action in progressing the policy without engaging with Māori adequately has been damaging to the relationship between the Māori and the Crown,” the Tribunal noted in its report.

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.

“The views of Māori with respect to this bill have been effectively dismissed by this Government, though the concerns raised are substantive and mirror aspects of internal government advice.“

The bill would also introduce 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.

“This obligation to consult is heightened by the potential impacts of specific components of the proposed bill. The claimants have raised reasonable concerns about the ramification of the bill on the Crown/Māori relationship, and on the ability of the Crown to uphold its Treaty obligations,” the report says.

“We note the exemption provided for in the currently proposed bill for settlement legislation and legislation providing redress for Treaty claims. However, as was noted by the claimants, and by some official advice, the Crown’s Treaty obligations go beyond settlement and redress legislation.“

The tribunal has recommended the Crown halt the advancement of the Regulatory Standards Bill, to allow for meaningful engagement with Māori and the dialogue envisioned by the Treaty partnership.

“We do not think the bill should progress in its current form. Instead, the Crown should engage in good faith consultation with Māori, including about options to improve regulatory standards outside the currently proposed legislation.”