The Waitangi Tribunal has released a significant interim report recommending that the Crown immediately stop advancing the Regulatory Standards Bill, citing a lack of meaningful consultation with Māori and the risk of breaching Treaty of Waitangi principles. The report, released on 16 May 2025, follows an urgent one-day hearing and comes amid growing concern from Māori communities and rights groups about the bill’s potential impact on Māori rights and the Crown’s Treaty obligations.

Key Findings of the Interim Report

Lack of Consultation: The Tribunal found that the Crown accepted the bill was developed without targeted engagement with Māori, which constitutes a breach of the Treaty principle of partnership. The Tribunal emphasised that the bill is “inherently relevant” to Māori, as it would alter how Parliament makes laws and could affect Māori rights and interests.
Breach of Treaty Principles: The report concluded that enacting the Regulatory Standards Act without meaningful consultation would breach the principles of partnership and active protection under the Treaty of Waitangi. Even introducing the bill to Parliament without further consultation would breach Treaty principles.
Unclear Impact: The Tribunal noted that, without a full draft of the proposed bill or more detail on how its legislative principles would be applied, it could not definitively assess what prejudice might arise for Māori. However, the risk of harm was significant enough to warrant an immediate halt.
Recommendations for the Crown: The Tribunal advised the Crown to:
- Engage with Māori on whether the legislation is necessary.
- Consider further exemptions in the bill to protect Māori rights and interests.
- Assess the potential impact of the proposed ‘rule of law’ principle on government measures designed to achieve equitable outcomes for Māori.

Background: What Is the Regulatory Standards Bill?

The Regulatory Standards Bill is part of the National and ACT parties’ coalition agreement, aimed at “improving the quality of regulation” and introducing principles of “good law-making” to which future and past legislation would be subject. Critics, including Māori rights group Toitū te Tiriti, argue that the bill could diminish the Crown’s obligations under the Treaty of Waitangi. Over 18,000 people signed a petition opposing the bill, warning it would undermine Māori rights.

Wider Context: Tribunal’s Ongoing Work on Treaty Principles

This report comes as the Tribunal continues to scrutinise other government policies affecting the Treaty relationship. In August 2024, the Tribunal released an interim report on the proposed Treaty Principles Bill, finding that the Crown had breached multiple Treaty principles by failing to engage with Māori and by advancing legislation that could reduce the constitutional status of the Treaty, limit Māori rights, and undermine social cohesion.

The Tribunal has consistently found that meaningful partnership and consultation are essential when the Crown considers changes to laws or policies that affect Māori. The lack of proper engagement in both the Regulatory Standards Bill and the Treaty Principles Bill has been highlighted as a recurring and serious issue.

Implications for the Crown and Parliament

The Tribunal’s recommendation to halt the bill is not legally binding but carries significant weight. It signals that the Crown risks breaching the Treaty if it continues without proper consultation. The Tribunal’s findings may prompt Parliament to reconsider the bill’s progression and open the door for more robust engagement with Māori stakeholders.

The report also raises questions about the broader approach to law-making in Aotearoa New Zealand, especially when proposed changes could affect the rights and interests of Māori as Treaty partners.

What Happens Next?

The Crown is expected to review the Tribunal’s recommendations and determine whether to pause the bill’s progress. Māori groups are likely to continue advocating for full consultation and protection of Treaty rights. The outcome will be closely watched as a test of the government’s commitment to upholding the principles of the Treaty of Waitangi in contemporary law-making.

Summary

The Waitangi Tribunal’s interim report on the Regulatory Standards Bill is a clear call for the Crown to halt the bill and engage in meaningful consultation with Māori. It highlights ongoing concerns about the erosion of Treaty rights and the need for genuine partnership in the legislative process. The government’s response to these recommendations will have lasting implications for the Crown–Māori relationship and the future of Treaty-based law-making in New Zealand.