A year of law changes impacting Māori

by Rachel Morgan News Editor

Recent legislative changes in 2025 have significantly altered the landscape of public sector obligations related to Māori rights, development, and wellbeing, according to critics. These changes affect key areas including social services, marine and coastal rights, and education, building on a series of adjustments made the previous year – including the disestablishment of the Māori health authority, the reinstatement of polls on Māori wards, and the introduction of fast-track proposals impacting environmental and customary rights.

The coalition Government has stated these changes are intended to improve child safety, reduce bureaucratic processes, and enhance educational outcomes for Māori. However, these justifications have been met with expressions of sadness and insult from those critical of the new laws.

Social Services and Whakapapa

In April, the Oranga Tamariki Amendment Act 2025 repealed section 7AA. This section previously mandated that the agency consider the mana and whakapapa of a child, reduce disparities, and build relationships with iwi and Māori organizations in its policies and practices. Act MP and Minister for Children Karen Chhour stated that removing Section 7AA “reinforces the need to put the safety of the child first,” adding that iwi, whānau, and hapū should still be considered, but “shouldn’t be the first consideration.” However, a regulatory impact statement from Oranga Tamariki indicated “there is no empirical evidence to support the notion that section 7AA has driven practice decisions that have led to changing care arrangements.” Section 7AA was originally inserted in 2019 following concerns about failings in child protection services impacting Māori families, highlighted by reports of baby uplifts and an independent investigation by the Ombudsman.

Did You Know? Section 7AA was added to the Oranga Tamariki Act in 2019 in direct response to concerns raised about the agency’s handling of cases involving Māori children and families.

Coastal Rights and Māori Title

The Marine and Coastal Area (MACA) (Takutai Moana) Amendment Bill has introduced a stricter legal test for recognizing customary rights for Māori. This test is being applied retroactively to July 2024, and, despite advice from their own officials, has already overturned marine title rulings awarded to Māori across 280km of coastline. Treaty Negotiations Minister Paul Goldsmith acknowledged this was “not a desirable situation,” but maintained it was “significant and necessary.” Ngātiwai leader Aperahama Edwards expressed outrage, stating the process was “horrific” and that the retrospective application of the amendment disregarded years of work and the contributions of elders who have since passed away.

The Regulatory Standards Amendment Act

The Regulatory Standards Amendment Act, according to Regulations Minister David Seymour, aims to ensure regulatory decisions are based on “principles of good law-making and economic efficiency.” Critics have labeled this legislation the “Treaty Principles Bill ‘2.0’”, with law academic Dr. Carwyn Jones arguing it will weaken Treaty protections and remove the legal effect of Te Tiriti o Waitangi, mirroring the intent of a previously rejected bill.

Education and Te Tiriti o Waitangi

The Education and Training Amendment Act (No. 2) removes the requirement for school boards to “give effect” to Te Tiriti o Waitangi, including reflecting local iwi history, tikanga, and mātauranga in school plans and curriculum. This change prompted many schools to reaffirm their commitment to Te Tiriti by signing up to a public list called Te Rārangi Rangatira. Heidi Hayward, principal of Dunedin North Intermediate School, described the change as “insulting and patronizing.” Education Minister Erica Stanford responded by stating her focus is on improving achievement, “especially for our tamariki Māori,” and that schools are welcome to go above and beyond the new requirements if they choose.

Expert Insight: These legislative changes represent a significant shift in the relationship between the government and Māori communities. The removal of requirements to actively consider whakapapa, customary rights, and Te Tiriti principles in key areas of public service raises concerns about the potential for increased disparities and a weakening of protections for Māori rights and interests.

Frequently Asked Questions

What is Section 7AA and why was it repealed?

Section 7AA of the Oranga Tamariki Act required the agency to consider the mana and whakapapa of a child, reduce disparities, and build relationships with iwi and Māori organizations. It was repealed in April 2025, with the Minister for Children stating the need to prioritize child safety.

What is the MACA Amendment Bill and what impact has it had?

The Marine and Coastal Area (MACA) Amendment Bill implemented a tougher legal test for recognizing customary rights for Māori, applying retroactively to July 2024. It has already resulted in the overturning of marine title rulings awarded to Māori across 280km of coastline.

What is the Regulatory Standards Amendment Act and why is it being called the “Treaty Principles Bill ‘2.0’”?

The Regulatory Standards Amendment Act aims to improve regulatory decision-making. Critics have dubbed it the “Treaty Principles Bill ‘2.0’” because they believe it will weaken Treaty protections and remove the legal effect of Te Tiriti o Waitangi.

How might these changes affect the relationship between the government and Māori communities in the long term?

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