This is a single section from Chapter 5. Read the full chapter here.

Does the proposed legislation impact Crown commitments made under any Treaty settlement?

New legislation must not be inconsistent with an existing Treaty settlement.

The Government negotiates and, on behalf of the Crown, is party to a number of Treaty of Waitangi settlements with iwi, hapū, collectives of iwi or hapū, and other groupings to provide redress for historical (pre-1992) breaches of the Treaty or its principles by the Crown and to make provision for ongoing relationships between the parties.

Individual Treaty settlements are final, meaning the historical claims they settle and the settlement itself (with the exception of disputes over interpretation) may not be the subject of a further historical claim to the Waitangi Tribunal or the courts. The detail of each settlement is reflected in a Deed of Settlement that is given effect by legislation.

Thorough consultation must take place with the relevant post-settlement governance entity if new legislation has the potential to adversely impact an existing Treaty settlement, or damage the relationships between that entity and local or central government established through the Treaty settlement. The Office for Māori Crown Relations - Te Arawhiti (Te Arawhiti) should also be consulted in these circumstances. Te Arawhiti brings together several government rōpū, including; Māori Crown Relations, Treaty Settlements, Takutai Moana, and Settlement Commitments.

This page was last modified on