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

References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Bill EXPLANATORY NOTE GENERAL POLICY STATEMENT This Bill is an omnibus Bill introduced under Standing Order 267(1)(a) because the amendments deal with an interrelated topic that can be regarded as implementing a single broad policy. That single broad policy is to amend the weighting of te Tiriti o Waitangi/the Treaty of Waitangi (the Treaty ) provisions in legislation to a single standard of take into account . The Bill amends the following provisions: sections 3(b)(i) and 9(1)(a) of the Mental Health and Wellbeing Commission Act 2020: sections 5(g)(i) and 19(1)(b)(i) of the Water Services Authority—Taumata Arowai Act 2020: section 15(3) of the Criminal Cases Review Commission Act 2019: section 535B(a) of the Education and Training Act 2020. The Bill gives effect to aspects of the National–New Zealand First coalition agreement to conduct a comprehensive review of all legislation that includes the principles of the Treaty of Waitangi , and to replace all such references with specific words relating to the relevance and application of the Treaty, or repeal the references. The Government agreed to review Treaty provisions for the purpose of ensuring that, where it is appropriate to encapsulate the Treaty or the Treaty relationship in legislation, those provisions are clear about how the Treaty applies in the context of each legislative regime, to reduce uncertainty and support better compliance. Differences in the wording of references to the Treaty principles in legislation have emerged over time. The Government considers that it is often not clear whether a difference in wording is intended to reflect a difference in policy, and that there is an opportunity to bring much better clarity and certainty. The Government also agreed that the review will not affect Treaty settlement commitments. Acts that have a relationship with Treaty settlements were therefore excluded from the review, as were Acts that were subject to separate review processes or where replacement this term was expected. Legislation that refers to the Treaty, as opposed to Treaty principles, was excluded from the review, with the exception of Treaty provisions in the Education and Training Act 2020, which the Government decided to include in the review. The Government considers that some provisions adopt standards that do not promote the balanced consideration of all relevant factors in decision-making. Some existing provisions impose or refer to obligations to honour , uphold , or be consistent with the Treaty principles. The Government considers that take into account is a more appropriate standard. The Bill amends the weighting of the 4 operative provisions listed above so that they use a take into account standard. Those amendments will ensure consistency in the strength of direction to decision makers across operative provisions. REGULATORY IMPACT STATEMENT The Ministry of Justice prepared a regulatory impact statement on 13 November 2025 to help inform the main policy decisions taken by the Government relating to the contents of this Bill. Copies of the regulatory impact statement can be found at— https://www.justice.govt.nz/assets/Uploads/Regulatory-Impact-Statement_-providing-certainty-on-legislative-references-to-the-Treaty-of-Waitangi-SOU-10-Dec-marked-up_Redacted.pdf https://www.regulation.govt.nz/publications-and-resources/regulatory-analysis-summaries/ CONSISTENCY WITH PRINCIPLES OF RESPONSIBLE REGULATION The Ministry of Justice provided the following documents relating to its review of this Bill, and its process for developing it, for consistency with the principles of responsible regulation under the Regulatory Standards Act 2025: a consistency accountability statement in September 2026: a summary of underpinning analysis in September 2026. Copies of these documents can be found at— https://www.justice.govt.nz/assets/Documents/Publications/Consistency-Accountability-Statement-Treaty-References-Bills.pdf https://www.justice.govt.nz/assets/Documents/Publications/Summary-of-Underpinning-Analysis-Treaty-References-Bills.pdf The Minister of Justice prepared a statement in September 2026 that briefly explains the Government’s reasons for any inconsistency with the principles of responsible regulation that is identified in the consistency accountability statement. A copy of the document can be found at— https://www.justice.govt.nz/assets/Documents/Publications/Statement-of-Reasons-Treaty-References-Bills.pdf CLAUSE BY CLAUSE ANALYSIS Clause 1 is the Title clause. Clause 2 provides for the Bill to come into force 1 month after Royal assent. Parts 1 and 2 amend 4 Acts that impose obligations relating to te Tiriti o Waitangi/the Treaty of Waitangi so that the provisions concerned require no more than taking te Tiriti o Waitangi/the Treaty of Waitangi or its principles into account. In doing so, Parts 1 and 2 replace references to Treaty of Waitangi (te Tiriti o Waitangi) and Te Tiriti o Waitangi in the provisions concerned with references to te Tiriti o Waitangi/the Treaty of Waitangi for consistency with the wording implemented by the References to Tiriti o Waitangi/Treaty of Waitangi (Standardisation) Amendment Bill. AMENDMENTS RELATING TO CAPABILITY AND CAPACITY OF ORGANISATIONS AMENDMENTS TO MENTAL HEALTH AND WELLBEING COMMISSION ACT 2020 This subpart amends section 9(1)(a) of the Mental Health and Wellbeing Commission Act 2020. Section 9(1)(a) requires the board of the Mental Health and Wellbeing Commission to ensure that the Commission maintains systems and processes to ensure that the Commission has the capability and capacity to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles. This subpart amends section 9(1)(a) so that the board must ensure that the Commission maintains systems and processes to ensure that the Commission has the capability and capacity to take into account te Tiriti o Waitangi/the Treaty of Waitangi and its principles. This subpart also consequentially amends section 3 of the Mental Health and Wellbeing Commission Act 2020. AMENDMENTS TO WATER SERVICES AUTHORITY—TAUMATA AROWAI ACT 2020 This subpart amends section 19(1)(b)(i) of the Water Services Authority—Taumata Arowai Act 2020. Section 19(1)(b)(i) requires the board of the Water Services Authority—Taumata Arowai to ensure that the Authority maintains systems and processes to ensure that the Authority has the capability and capacity to uphold the Treaty of Waitangi (Te Tiriti o Waitangi) and its principles. This subpart amends section 19(1)(b)(i) so that the board must ensure that the Authority maintains systems and processes to ensure that the Authority has the capability and capacity to take into account te Tiriti o Waitangi/the Treaty of Waitangi and its principles. This subpart also consequentially amends section 5 of the Water Services Authority—Taumata Arowai Act 2020. OTHER AMENDMENTS AMENDMENTS TO CRIMINAL CASES REVIEW COMMISSION ACT 2019 This subpart amends section 15 of the Criminal Cases Review Commission Act 2019, which relates to the procedures of the Criminal Cases Review Commission. The amendments replace the requirement for the procedures to be consistent with the principles of the Treaty of Waitangi (te Tiriti o Waitangi) with a requirement for the Commission to take the principles of te Tiriti o Waitangi/the Treaty of Waitangi into account when making the procedures. AMENDMENTS TO EDUCATION AND TRAINING ACT 2020 This subpart amends section 535B(a) of the Education and Training Act 2020, which sets out certain obligations of a code administrator. The amendment replaces the obligation of a code administrator to exercise and perform its functions, powers, and duties in a manner that honours Te Tiriti o Waitangi with an obligation to do those things in a manner that takes into account te Tiriti o Waitangi/the Treaty of Waitangi. The Parliament of New Zealand enacts as follows: 1 Title This Act is the References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Act 2026 . 2 Commencement This Act comes into force 1 month after Royal assent. 3 Principal Act This subpart amends the Mental Health and Wellbeing Commission Act 2020. 4 Section 3 amended (Treaty of Waitangi (Te Tiriti o Waitangi)) In section 3(b)(i), replace uphold the Treaty of Waitangi (Te Tiriti o Waitangi) with take into account te Tiriti o Waitangi/the Treaty of Waitangi . 5 Section 9 amended (Additional collective duty of board) In section 9(1)(a), replace uphold the Treaty of Waitangi (Te Tiriti o Waitangi) with take into account te Tiriti o Waitangi/the Treaty of Waitangi . 6 Principal Act This subpart amends the Water Services Authority—Taumata Arowai Act 2020. 7 Section 5 amended (Māori interests) In section 5(g)(i), replace uphold the Treaty of Waitangi (Te Tiriti o Waitangi) with take into account te Tiriti o Waitangi/the Treaty of Waitangi . 8 Section 19 amended (Additional collective duties of board) In section 19(1)(b)(i), replace uphold the Treaty of Waitangi (Te Tiriti o Waitangi) with take into account te Tiriti o Waitangi/the Treaty of Waitangi . 9 Principal Act This subpart amends the Criminal Cases Review Commission Act 2019. 10 Section 15 amended (Commission may regulate own procedures) In section 15(3), delete and the principles of the Treaty of Waitangi (te Tiriti o Waitangi) . After section 15(3), insert: 3A The Commission must take the principles of te Tiriti o Waitangi/the Treaty of Waitangi into account when making its procedures. 11 Principal Act This subpart amends the Education and Training Act 2020. 12 Section 535B amended (Further obligations of code administrator) In section 535B(a), replace honours Te Tiriti o Waitangi with takes into account te Tiriti o Waitangi/the Treaty of Waitangi . 13 Schedule 1 amended In Schedule 1,— a insert the Part set out in the Schedule of this Act as the last Part; and b make all necessary consequential amendments. New Part 11 inserted into Schedule 1 of Education and Training Act 2020 12 Provision relating to References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Act 2026 211 Processes started with or by code administrators before commencement not affected 1 This Act (as in force immediately before commencement) continues to apply in respect of the following as if the References to Tiriti o Waitangi/Treaty of Waitangi (Strength of Legislative Obligations) Amendment Act 2026 had not been enacted: a an application received by a code administrator under section 535A(3) before commencement: b a performance improvement notice issued by a code administrator under section 535C before commencement, including any sanctions imposed by the code administrator in relation to that notice. 2 In this clause, commencement means the date on which this Part comes into force.