The Treaty of Waitangi, Treaty settlements, and Māori interests
This is a single section from Chapter 5. Read the full chapter here.
Does Parliament intend to legislate inconsistently with the principles of the Treaty of Waitangi?
Clear language is required where legislation is intended to be inconsistent with the principles of the Treaty.
In rare cases, the Government may wish to achieve an outcome that risks being held by a court to be inconsistent with the principles of the Treaty. In such circumstances, great care must be taken to express the policy intention as clearly as possible, both in the legislation itself, and in the policy documentation underlying the Act. If the intention is not clear, the courts will presume that Parliament intended to legislate consistently with the principles of the Treaty. This may yield results inconsistent with the intended policy outcome.