The Indigenous World 2026: Aotearoa (New Zealand)

Written on 22 April 2026. Posted in Aotearoa (New Zealand)

Māori, the Indigenous people of Aotearoa, represent 17.8% of the 5 million population. The gap between Māori and non-Māori is pervasive: Māori life expectancy is 7 to 8 years less than non-Māori; 28% of Māori leave upper secondary school with no qualifications, over 52% of the prison population is Māori,^[1] and 23.9% of Māori children live in households that experience material hardship compared with 13.4% nationally.^[2]

Te Tiriti o Waitangi (the Treaty of Waitangi) was signed between the British Crown and Māori in 1840. There is a Māori-language version (Te Tiriti), which most Māori signatories signed, and an English-language version (the Treaty). Te Tiriti granted a right of governance to the British over their subjects, promised that Māori would retain tino rangatiratanga (full and paramount authority) over their lands, people, resources and other treasures and conferred the rights of British citizens on Māori. Te Tiriti has limited legal status in Aotearoa, however. Accordingly, protection of Māori rights is largely dependent on political will and ad hoc recognition of Te Tiriti.

Aotearoa New Zealand voted against the UN Declaration on the Rights of Indigenous Peoples (UNDRIP) before endorsing it in 2010. Aotearoa New Zealand has not ratified ILO Convention 169.

This article is part of the 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Māori rights under threat

During 2025, the coalition government comprising the National Party, ACT and New Zealand First continued to pursue an agenda of reversing Māori rights and interests across multiple fronts. These included the removal of the requirement for school boards to give effect to Te Tiriti (Māori-language version of the Treaty of Waitangi), weakening Māori involvement in local government, reductions in funding for Māori housing and education initiatives and legislative amendments to extinguish Māori rights to land and resources.^[3] Resistance to these actions has been strong and sustained, including through domestic channels and in international fora. Wāhine (women) Māori such as Tania Waikato and Lady Tureiti Moxon have been prominent in these efforts and, in December, the United Nations Committee on the Elimination of Racial Discrimination (CERD) expressed concern at what is occurring in Aotearoa New Zealand.^[4]

Sanctions for haka in Parliament

In April, the justice select committee reported that 90% (of a record nearly 300,000 public submissions) opposed the Treaty Principles Bill (The TP Bill).^[5] The TP Bill was defeated by 112 votes to 11 at its second reading in Parliament.^[6] This was the end of a divisive Bill that was met with resounding public opposition. In May, three Te Pāti Māori (Māori Party) members of Parliament (MPs) were sanctioned for their haka in opposition to the TP Bill.^[7] Co-leaders Rawiri Waititi and Debbie Ngarewa-Packer were suspended for 21 days, and MP Hana-Rawhiti Maipi-Clarke received a seven-day suspension. The 21-day suspension is unmatched in its severity. In addition, the ACT party sought advice on whether the MPs could be imprisoned.^[8] Te Pāti Māori MPs requested to be heard collectively and sought to submit expert evidence and legal arguments on tikanga (Māori law and custom). These requests were denied.^[9] The unprecedented penalty and the privileges committee process illustrate the disempowerment of tikanga Māori within Aotearoa’s parliamentary processes.

Land and resource confiscation

In October 2025, the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill was passed.^[10] The amendments were touted by the coalition as restoring the test for Customary Marine Title (CMT) under the Marine and Coastal Area (Takutai Moana) Act 2011 (MACA Act) to Parliament’s original intent, following judicial interpretation. However, Christopher Finlayson, Attorney-General at the time the MACA Act was passed, stated that the Supreme Court had expressed “very well” what Parliament's intention was in 2010, commenting that “these amendments do not restore the original intention of Parliament. They undermine them. Let there be no doubt about that at all.”^[11]

The MACA Act provides for non-ownership of the common marine and coastal area with Māori able to apply for CMT but, significantly, the operation of the non-ownership regime set up under section 11 is deemed as an alienation from the Crown, and minerals in the area are reserved in favour of the Crown.^[12] A reduction in successful CMT applications therefore directly increases Crown ownership and control over minerals in the common marine and coastal area. In addition, the amendments change the burden of proof of non-extinguishment from the Crown to Māori. Minister of Justice Paul Goldsmith stated that the amendments should reduce successful CMT applications from potentially 100% of the coastline down to 5%.^[13] The amendments effectively extinguish Māori property rights in the marine and coastal area while leaving other property rights intact.

The Ngātiwai iwi (tribe) consider the amendments an attempt at raupatu (confiscation). In protest, and to demonstrate their tino rangatiratanga (full and paramount authority) over their rohe (territory), Ngātiwai made landfall on Poor Knights Island despite state laws restricting access to the islands. Ngātiwai leader Aperahama Kerepeti-Edwards said the landing was a “direct and deliberate” act of protest against the amendments to the MACA Act and that “by doing so we declare that Ngātiwai, not the Crown, holds the rightful authority over these taonga”.^[14] The decision to amend the MACA Act has been criticised as being unconstitutional^[15] and inconsistent with the separation of powers as it overrides judicial interpretation of the test. It has also been criticised for undermining the rule of law with its retrospective effect.^[16]

Waitangi Tribunal turns 50

The Waitangi Tribunal, a permanent commission of inquiry established in 1975 to investigate breaches of the Te Tiriti, celebrated 50 years in 2025.^[17] Reports published by the Tribunal in 2025 included a report into the Regulatory Standards Bill. The Tribunal found that the Crown had developed the policy without targeted Māori engagement, breaching Treaty principles of partnership and active protection. It also concluded that the Bill would be constitutionally significant if enacted, as it would shape how Parliament makes law and is therefore inherently relevant to Māori.^[18] Despite the Tribunal’s findings and recommendations, the Regulatory Standards Act 2025 was passed in November 2025.

In December, the Waitangi Tribunal released a significant report on the Te Paparahi o Te Raki (Far North) inquiry district. The Tribunal found that the Crown had assumed political control over Māori in breach of the guarantee of tino rangatiratanga (full and paramount authority) and recommended that the Crown commence discussions with Te Raki (Far North) Māori to determine appropriate constitutional processes to recognise, respect, and give effect to their Tiriti   rights.^[19] In addition, the Tribunal recommended that all land owned by the Crown within the inquiry district be returned to Te Raki Māori ownership as redress for the Crown’s breaches of Te Tiriti  and that further substantial compensation to Te Raki Māori be made in order to restore the economic base of the hapū (kinship group, tribe, subtribe),^[20] and as redress for the extensive economic losses suffered as a result of the Crown’s breaches of Te Tiriti .^[21]

The Tribunal plays an essential role in scrutinising Crown acts and omissions for consistency with Te Tiriti; however, a review of the Waitangi Tribunal is currently underway, with concern that their statutory mandate could be restricted.^[22]

Removal of Te Tiriti requirement in schools

In November 2025, the coalition government introduced legislation to remove the requirement for school boards to honour Te Tiriti in their governance and decision-making.^[23] In response, 72% of schools across Aotearoa New Zealand sent open letters to the Minister of Education pledging their commitment to honour Te Tiriti. [24] The outpouring of support for Te Tiriti from schools across the country began when Te Tiriti advocate Tania Waikato posted a list of schools pushing back against the decision. Tania Waikato stated: “I started posting the list of schools as a way of acknowledging their stand for continuing to give effect to Te Tiriti o Waitangi which, as a mother, was something very important to me. More and more schools kept sending me their letters, so I kept updating the list and we’re now at more than 1,800 schools out of a total of just over 2,500.”^[25]

United Nations Committee on the Elimination of Racial Discrimination (CERD) Review

In November, Māori Health Advocate Lady Tureiti Moxon filed a complaint to CERD seeking urgent intervention in Aotearoa. The complaint outlines government actions reversing progress toward fulfilling Aotearoa’s obligations under the International Convention on the Elimination of Racial Discrimination (ICERD). Lady Moxon stated: “I brought this urgent complaint because, since late 2023, the coalition government has escalated discrimination against Māori, spread misinformation, and overridden constitutional norms. These actions breach Te Tiriti o Waitangi, our founding agreement.”^[26]

The CERD considered the combined 23^rd and 24^th periodic reports of New Zealand^[27] on 25 and 26 November 2025. In concluding observations adopted on 3 December 2025,^[28] CERD outlined concerns including:^[29]

• The removal of Māori wards in 24 local councils following the decision to subject Māori political rights to local referendums in 2025, limiting Māori participation in local governance and decision-making processes.^[30]
• Proposals under the Electoral Amendment Bill of 2025 that are likely to have a detrimental impact on the political rights of Māori and Pacific peoples, particularly the abolition of same-day election enrolment and the blanket disqualification of all prisoners from enrolling and voting while serving a term of imprisonment, regardless of sentence length.^[31]
• Recent legislative developments that risk significantly curtailing statutory protections of Māori land rights, particularly regarding their right to self-determination over lands, territories, and resources they have historically owned and used, including the amendments under the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill (2025).^[32]
• Significant shortcomings in ensuring meaningful Māori participation and safeguarding the principle of free, prior, and informed consent in legislative and administrative processes, and in other decisions affecting traditional lands and resources, including marine and coastal areas, forests, freshwater, and geothermal resources.^[33]
• Threats to security through environmental degradation and climate change are identified as disproportionately harming Māori, threatening health, livelihoods, cultural identity, and connections to land.^[34]

Top of FormThe comprehensive report noted a range of concerns at the recent developments in Aotearoa New Zealand. Lady Moxon stated: “CERD is clear: New Zealand is moving backwards on racial equality, and Māori rights are under serious threat. This is the strongest critique of New Zealand CERD has ever issued. Unlike the 2017 review, which acknowledged progress, this report finds virtually no positive steps on Māori rights or racial equity.”^[35]

Additional developments

On a positive note, following a significant private law win for Māori in the High Court,^[36] an agreement has been reached whereby 3,068 hectares of land will be returned to descendants of the original owners, including the Kaiteriteri Recreation Reserve and part of the Abel Tasman Great Walk.^[37] The agreement also includes a NZ$420 million (approx. EUR 264.5 million) compensation payment to recognise land that has been sold by the Crown since 1839 and in recognition of the lost earnings and land use. The agreement is outside of the Treaty settlement process. As stated by Attorney-General Judith Collins: “In this case, we are simply returning land to its rightful and legal owners.”^[38] Nelson Tenth's project lead, Kerensa Johnston, said the decision showed that property rights apply to all New Zealanders: “We are relieved that this right has been borne out today and that property wrongly taken in breach of trust law will finally be returned to its owners.”^[39]

Māori support for Palestine

In terms of international security, Māori have expressed solidarity with Palestine. On 14 May 2025, the New Zealand Māori Council sent an open letter to the Minister of Foreign Affairs urging Aotearoa to join with other nations in demanding that humanitarian supplies be released into Gaza. The letter stated: “We believe the way forward for peace and security for everyone in the region is for all parties to follow international law and United Nations resolutions, going back to UNGA 194 in 1948, so that a lasting peace can be established based on justice and equal rights for everyone.”^[40]

Future outlook

In 2025 Māori continued to resist efforts to erode their rights, including through claims to the Waitangi Tribunal, Court applications, advocacy within Parliament, participating in submission processes and appealing to CERD. The passing of legislation to restrict Māori rights despite these attempts reveals their vulnerability within Aotearoa New Zealand’s current constitutional system. The efforts of advocates, including through social media, have shown support for Te Tiriti despite legislative changes. The next elections will take place in late 2026 and it is likely that Māori rights will be prominent in the election campaigns.

Julia Harper-Hinton (Ngāti Rangiwewehi) is a lecturer in the Auckland Law School at the University of Auckland. Email her at: This email address is being protected from spambots. You need JavaScript enabled to view it.

This article is part of the 40^th edition of The Indigenous World, a yearly overview produced by IWGIA that serves to document and report on the developments Indigenous Peoples have experienced. Find The Indigenous World 2026 in full here

Notes and references

^[1] Statistics New Zealand. http://www.stats.govt.nz. (These statistics are primarily drawn from the 2023 Census). 6 July 2023.

^[2] Office of the Auditor‑General of New Zealand, “Effectiveness of arrangements for reducing child poverty.” Office of the Auditor-General of New Zealand, 2025. https://oag.parliament.nz/2025/child-poverty

^[3] Waatea Team. “Māori Rights Under Pressure: How 2025 Has Felt for Tangata Whenua.”Waatea News.com, 25 December 2025. https://waateanews.com/2025/12/25/maori-rights-under-pressure-how-2025-has-felt-for-tangata-whenua/

^[4] UN Committee on the Elimination of Racial Discrimination, “Concluding observations on the twenty-third and twenty-fourth periodic reports of New Zealand.” 5 December 2025. https://www.converge.org.nz/pma/CERD-C-NZL-CO-23-24.pdf

^[5] A Bill that would alter the “Treaty Principles” expressed over 50 years by the Judiciary and Courts in Aotearoa New Zealand. For more explanation of the TP Bill, see Julia Harper-Hinton, “Aotearoa New Zealand”, The International Work Group for Indigenous Affairs (IWGIA), 2024; Giles Dexter. “Justice Select committee calls for Treaty Principles Bill to be scrapped.” Radio New Zealand, 4 April 2025. https://www.rnz.co.nz/news/political/557166/justice-select-committee-calls-for-treaty-principles-bill-to-be-scrapped

^[6] 1 News Reporters, “Treaty Principles Bill voted down amid fiery MP debate.” 1 News, 10 April 2025. https://www.1news.co.nz/2025/04/10/treaty-principles-bill-voted-down-amid-fiery-mp-debate/

^[7] Phil Smith. “The House: Why was the Privileges Committee so harsh on Te Pāti Māori MPs?” RNZ News 17 May 2025. https://www.rnz.co.nz/news/political/561329/the-house-why-was-the-privileges-committee-so-harsh-on-te-pati-maori-mps

^[8] RNZ Reporters, “ACT asked for advice on range of punishments for Te Pāti Māori MPs - including imprisonment.” Stuff, 21 May 2025. https://www.stuff.co.nz/politics/360696090/act-asked-advice-range-punishments-te-pati-maori-mps-including-imprisonment; Eva Corlett, “New Zealand MPs who performed haka in parliament given unprecedented punishment.” The Guardian, 15 May 2025. https://www.theguardian.com/world/2025/may/15/new-zealand-mps-haka-parliament-suspended

^[9] Phil Smith. “The House: Why was the Privileges Committee so harsh on Te Pāti Māori MPs?” RNZ News Radio New Zealand, 17 May 2025. https://www.rnz.co.nz/news/political/561329/the-house-why-was-the-privileges-committee-so-harsh-on-te-pati-maori-mps

^[10] Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill 83-3 (2024), Government Bill – New Zealand Legislation. https://www.legislation.govt.nz/bill/government/2024/0083/latest/whole.html#LMS993615; Māni Dunlop, “Final showdown in Parliament as Government pushes through Marine and Coastal Area law changes.” Te Ao Māori News, 21 October 2025. https://www.teaonews.co.nz/2025/10/21/final-showdown-in-parliament-as-government-pushes-through-marine-and-coastal-area-law-changes/

^[11] Tuwhenuaroa Natanahira, “Former Attorney-General criticises marine and coastal rights law changes.” RNZ News, 6 August 2025. https://www.rnz.co.nz/news/te-manu-korihi/569103/former-attorney-general-criticises-marine-and-coastal-rights-law-changes

^[12] Marine and Coastal (Takutai Moana) Area Act 2011, section 16 (2) section 16 provides that petroleum, gold, silver, and uranium existing in its natural condition in land are the property of the Crown but a CMT holder would own every other mineral (other than pounamu to which section 3 of the Ngai Tahu (Pounamu Vesting) Act 1997 applies) existing in its natural condition in the common marine and coastal area.

^[13] Waitangi Tribunal, Takutai Moana Act 2011 Urgent Inquiry Stage One Report (Wai 3400) at 58.

^[14] Peter de Graaf, “Ngātiwai lands on 'tapu' Poor Knights Islands in defiance of marine law change.” RNZ News, 31 October 2025. https://www.rnz.co.nz/news/national/577389/ngatiwai-lands-on-tapu-poor-knights-islands-in-defiance-of-marine-law-change

^[15] Geoffrey Palmer, “Lurching towards constitutional impropriety.” Newsroom, 23 August 2024. https://newsroom.co.nz/2024/08/23/geoffrey-palmer-lurching-towards-constitutional-impropriety/

^[16]Waitangi Tribunal, “The Takutai Moana Act 2011 Urgent Inquiry: Stage 2 Report, Pre-publication Version (Wai 3400).” 2025. https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_231772431/Takutai%20Moana%20Urgent%20W.pdf

^[17] Māni Dunlop, “From ‘a man-of-war with no guns’ to changing a nation’s identity: 50 years of the Waitangi Tribunal.” Te Ao Māori News, 10 October 2025. https://www.teaonews.co.nz/2025/10/10/from-a-man-of-war-with-no-guns-to-changing-a-nations-identity-50-years-of-the-waitangi-tribunal/

^[18] Waitangi Tribunal, “The Interim Regulatory Standards Bill Urgent Report – Pre-publication Version.” 2025.

^[19] Te Ao Māori News, “Tribunal: Crown governance denied Te Raki Māori authority guaranteed by Te Tiriti.” Te Ao Māori News, 19 December 2025. https://www.teaonews.co.nz/2025/12/19/tribunal-crown-governance-denied-te-raki-maori-authority-guaranteed-by-te-tiriti/

^[20] Hapū is a kinship group, clan, tribe, subtribe - section of a large kinship group and the primary political unit in traditional Māori society, see Te Aka Māori Dictionary.

^[21] Waitangi Tribunal, “Tino Rangatiratanga me te Kāwanatanga: The Report on Stage 2 of the Te Paparahi o Te Raki Inquiry, Part II – Pre-publication Version” 2025. https://forms.justice.govt.nz/search/Documents/WT/wt_DOC_242048796/Tino%20Rangatiratanga%202%20PP.pdf

^[22] ACT New Zealand Press Release, “ACT welcomes review to rein in activist Waitangi Tribunal.” 9 May 2025. https://www.act.org.nz/news/act-welcomes-review-to-rein-in-activist-waitangi-tribunal

^[23]Māni Dunlop, “School boards no longer required to give effect to Te Tiriti, Minister set to explain to Iwi leaders.” Te Ao Māori News, 11 November 2025. https://www.teaonews.co.nz/2025/11/11/school-boards-no-longer-required-to-give-effect-to-te-tiriti-minister-set-to-explain-to-iwi-leaders/

^[24] Awanui Te Huia, “Schools commit to Te Tiriti anyway.” E-Tangata, 23 November 2025. https://e-tangata.co.nz/comment-and-analysis/schools-commit-to-te-tiriti-anyway/

^[25]Press Release: Green Party, “Tania Waikato Announces Green Party Candidacy for the 2026 General Election.” Scoop Independent News, 19 December 2025. https://www.scoop.co.nz/stories/PA2512/S00163/tania-waikato-announces-green-party-candidacy-for-the-2026-general-election.htm

^[26] Pokere Paewai, “Māori health leader Lady Tureiti Moxon delivers complaint to UN in Geneva.” RNZ News, 25 November 2025. https://www.rnz.co.nz/news/te-manu-korihi/579967/maori-health-leader-lady-tureiti-moxon-delivers-complaint-to-un-in-geneva

^[27] UN Committee on the Elimination of Racial Discrimination, “Concluding observations on the twenty-third and twenty-fourth periodic reports of New Zealand.” 5 December 2025. https://www.converge.org.nz/pma/CERD-C-NZL-CO-23-24.pdf

^[28] CERD/C/NZL/23-24.

^[29] Ibid at 41.

^[30] Ibid at 41 (a).

^[31] Ibid at 41 (c).

^[32] Ibid at 37.

^[33] Ibid at 37.

^[34] Ibid at 40.

^[35] Eva Corlett, “UN report sounds alarm over Māori rights in New Zealand.” The Guardian, 8 December 2025. https://www.theguardian.com/world/2025/dec/08/un-cerd-report-maori-rights-new-zealand

^[36] This case was discussed in last year’s edition, see Julia Harper-Hinton, “Aotearoa New Zealand”, The International Work Group for Indigenous Affairs (IWGIA), 2024.

^[37] 1 News Reporters, “Nelson Tenths: Land returned to descendants in NZ's oldest property dispute.” 1 News, 17 December 2025. https://www.1news.co.nz/2025/12/17/nelson-tenths-land-returned-to-descendants-in-nzs-oldest-property-dispute/

^[38] Samantha Gee, “South Island Māori landowners to get more than 3000 hectares returned by Crown.” RNZ News, 18 December 2025. https://www.rnz.co.nz/news/political/582055/south-island-maori-landowners-to-get-more-than-3000-hectares-returned-by-crown

^[39] Jessica Roden, “Nelson Tenths: High Court rules in NZ's oldest property dispute.” 1 News, 31 October 2025. https://www.1news.co.nz/2024/10/31/nelson-tenths-high-court-rules-in-nzs-oldest-property-dispute/

^[40] Te Kaunihera Māori o Aotearoa New Zealand Māori Council, “Appeal for Urgent Action on Gaza.” Te Kaunihera Māori o Aotearoa New Zealand Māori Council. https://www.nzmaoricouncil.org/featured/appeal-for-urgent-action-on-gaza

Tags: Global governance