Te Pāti Māori has unveiled a constitutional reform policy that would make Crown obligations arising from Te Tiriti o Waitangi legally enforceable and give the Waitangi Tribunal greater powers.
The party’s Te Tiriti Entrenchment Policy includes a proposed $220 million Mātike Mai Fund over four years to support Māori-led discussions about the country’s constitutional future.
It would fund engagement across iwi, hapū and Māori communities, including rangatahi participation, and support a Māori Constitutional Convention. The party has set 2040 as its target for constitutional transformation.
An independent Te Tiriti Commission would also be established as an Officer of Parliament, with expertise in tikanga Māori, constitutional law and Māori-Crown relations.
Under the policy, the commission could investigate Crown decisions, obtain information from ministers and government agencies, require remedial action and report directly to Parliament.
It could also stop or suspend an executive decision where it found a serious breach of statutory Te Tiriti obligations. The Crown would then need to apply to the High Court to overturn the commission’s order.
However, the commission would not have the power to invalidate legislation passed by Parliament. It could assess proposed laws and report any inconsistencies with Te Tiriti.
The policy would separately amend the Treaty of Waitangi Act 1975 to make Waitangi Tribunal recommendations binding on the Crown. Most Tribunal recommendations are currently not binding.
Co-leader Rawiri Waititi said the reforms were intended to provide certainty and ensure successive governments honoured Crown commitments under Te Tiriti.
Co-leader Debbie Ngarewa-Packer said constitutional reform should be led by iwi, hapū and Māori, with tangata Tiriti, councils and the Crown participating in the wider national discussion.
The policy would also revive a national action plan for implementing the United Nations Declaration on the Rights of Indigenous Peoples within the party’s first 100 days in government.
Te Pāti Māori has not yet released draft legislation or detailed implementation costs beyond the proposed Mātike Mai Fund. Any changes would require sufficient support in Parliament to become law.