A Year of Change: Māori Rights and the Shifting Sands of Law
It's hard to ignore the seismic shifts that have occurred, isn't it? Major legislative changes in 2025 have significantly impacted Māori rights, development, and wellbeing. Critics are voicing their concerns about the implications of these changes, which span various sectors. Let's delve into the specifics and explore the potential consequences.
Social Services: A Change in Focus
One of the most significant changes involves social services. The Oranga Tamariki Amendment Act 2025 repealed Section 7AA. This section previously mandated that the agency consider Māori values, the child's whakapapa (genealogy), and foster relationships with iwi (tribes) and Māori organizations when making decisions.
Minister for Children Karen Chhour argued that removing Section 7AA would prioritize child safety. But here's where it gets controversial: A regulatory impact statement from Oranga Tamariki itself stated there was no evidence that Section 7AA had negatively impacted care arrangements. This law change is particularly sensitive, given the history of Oranga Tamariki, especially in light of the harrowing baby uplifts. It is worth noting that Section 7AA was introduced in 2019 in response to reports of failures in child protection services for young Māori.
Marine and Coastal Rights: A Tougher Legal Test
The Marine and Coastal Area (MACA) (Takutai Moana) Amendment Bill introduced a more stringent legal test for recognizing customary rights for Māori. This change has a retrospective effect, applying to rulings made since July 2024. This move overturned marine title rulings awarded to Māori across 280km of coastline, despite advice from government officials. Treaty Negotiations Minister Paul Goldsmith acknowledged the unusual nature of overturning court decisions. Far North Ngātiwai leader Aperahama Edwards expressed profound sadness and outrage, highlighting the significant effort and time invested in the previous process.
The Treaty Principles Bill “2.0”
The Regulatory Standards Amendment Act, championed by Regulations Minister David Seymour, aims to streamline regulations. Critics, however, have dubbed it the Treaty Principles Bill “2.0.” Law academic Dr. Carwyn Jones suggests that this bill could weaken Treaty protections and diminish the legal significance of Te Tiriti o Waitangi (the Treaty of Waitangi). This is a point of contention that could have far-reaching effects on Māori rights and protections.
Education: Re-evaluating Te Tiriti o Waitangi's Role
The Education and Training Amendment Act (No. 2) has removed the requirement for school boards to “give effect” to Te Tiriti o Waitangi. This change has sparked significant criticism, leading many schools to reaffirm their commitment to the Treaty. Heidi Hayward, principal of Dunedin North Intermediate School, expressed that the school board felt “insulted and patronised.” Education Minister Erica Stanford emphasized the importance of improving Māori achievement, particularly in reading, writing, and mathematics. Stephen Lethbridge, principal of Auckland’s Pt Chevalier School-Rangi-mata-rau, countered that Te Tiriti was never meant to be optional. A petition with almost 24,000 signatures was delivered to Parliament, urging the government to reinstate the requirement for school boards to implement Te Tiriti o Waitangi.
A Complex Landscape
These legislative changes paint a complex picture. The government's perspective emphasizes streamlining and improving outcomes, while critics express concerns about the erosion of Māori rights and protections. What do you think about these changes? Do you agree with the government's approach, or do you share the critics' concerns? Share your thoughts in the comments below.
