“The contrast shows us what we stand to lose. The truth of our history matters. Fairness matters. Te Tiriti matters.” — Lawyer Roimata Smail comparing the Waitangi Tribunal and the Regulatory Standards Board proposed in ACT’s draft bill. (Photo supplied)
A bill to be introduced to parliament tomorrow will create a new Regulatory Standards Board that is tasked with aligning all legislation with a set of neoliberal principles.
In conjunction with a review of the Waitangi Tribunal, the board could fundamentally reshape whose voices are heard in our country, as lawyer Roimata Smail explains.
When we’re faced with two very different paths, it helps to pause and notice the contrast. Sometimes, wisdom lies in what the comparison reveals.
That’s the case right now as we look at two very different ways our country might handle questions about fairness, lawmaking, and Te Tiriti o Waitangi.
On one side, we have the Waitangi Tribunal, an independent body that’s been carefully doing its job for 50 years. On the other, we have a new proposal for a Regulatory Standards Board, soon to be established under the Regulatory Standards Bill.
Both claim to be about improving our laws. But what they stand for, and how they go about it, could not be more different. And that contrast is important. It helps us understand what’s at stake.
The Waitangi Tribunal was set up in 1975 to investigate breaches of Te Tiriti o Waitangi. In 1985, its powers were expanded so it could look not only at present-day issues but also at historical claims reaching back to 1840, the year Te Tiriti was signed.
Since then, the Tribunal has travelled the country, heard thousands of hours of evidence, and produced careful, detailed reports about what has gone wrong, why it matters, and how we might do better.
Right from the beginning, the Tribunal has focused on what’s happening now. It hears contemporary claims, examines current policies, and asks whether the Crown is honouring its promises today.
Those reports haven’t always been easy reading. They’ve told hard truths about inequality and ongoing systemic failure. But they’ve also offered something powerful: a path forward, grounded in evidence and driven by the principle that a country should keep its promises.
And importantly, the Tribunal doesn’t make up its own values. It sticks to what was agreed in Te Tiriti o Waitangi, which isn’t complex:
- Māori retain authority over our own lives, lands, and resources: Tino rangatiratanga.
- The Crown governs those who came later: Kāwanatanga.
- In shared spaces, Māori and the Crown work together as equals: Partnership.
The new Regulatory Standards Board will be different. It won’t be grounded in Te Tiriti. Instead, it will use a new set of “principles” based on the ACT Party’s neoliberal ideology — including things like economic efficiency, protecting property rights, and limiting government intervention.
At first glance, those things might sound reasonable. But here’s the problem: these ideas aren’t drawn from our founding agreement. And when they exist without recognition of Crown obligations under Te Tiriti (as this bill proposes) they don’t just create confusion. They create a new set of rules that push Te Tiriti to the side with adverse contemporary consequences for our people and future generations of mokopuna.
That wouldn’t matter so much if this were just a technical body helping with regulatory red tape, as the name of the bill suggests. But the Regulatory Standards Board will have a broad mandate. It will have the power to review nearly any law in Aotearoa, not just new ones, but existing ones too, and recommend changes. It doesn’t have to hold hearings or base its findings on evidence.
Its members will be appointed by the Minister for Regulation, David Seymour, and unlike the Tribunal, there’s no requirement for balance, independence, or expertise in Te Tiriti.
To be clear, this isn’t about defending one institution blindly and rejecting another. It’s about understanding what each is designed to do, what values they carry, and how they will leave an enduring impact on generations yet to come.
As a standing commission of inquiry, the Waitangi Tribunal is independent from politicians.
It hears from Māori and the Crown. It follows due process and is inquisitorial. And when it makes recommendations, they are grounded in evidence and in Te Tiriti.
That’s why it has stood the test of time, trusted for 50 years not just by Māori, but by many others who want our country to honour its commitments and face its history honestly.
The Regulatory Standards Board, by contrast, has no such foundation. It is not set up to hear from the people affected by the laws it reviews. It does not have to honour Te Tiriti. And it does not have to explain how its work contributes to fairness or partnership.
In that contrast, something becomes clear. One approach is about truth, evidence, and accountability. The other is about control, efficiency, and convenience.
We all want better lawmaking. But the question must always be asked: Better for whom?
The wisdom is in the contrast. Consider the two side by side, and it becomes clear why the Waitangi Tribunal matters — not just for Māori, but for all of us.
The Tribunal is a place where the Crown can learn. A place where our history is respected, voices are heard, and justice is pursued with integrity. It has been a crucial part of our nation’s effort to live up to the promise of Te Tiriti.
That promise — of shared authority, mutual respect, and a future we build together — is still there. It’s not complicated. And it doesn’t need to be rewritten.
The government plans to introduce the Regulatory Standards Bill to parliament tomorrow. This is not just a technical matter. It raises the live and pressing question about what kind of future we want, and whose voices will help shape it.
Right now, there’s a lot of noise and confusion. But if we take a moment to look closely at what’s being proposed against what we already have, we might find our answers.
The contrast shows us what we stand to lose. The truth of our history matters. Fairness matters. Te Tiriti matters.
The future we want is not built by ignoring our past, but by listening to it.
Roimata Smail (Ngāti Maniapoto, Tainui, England, Scotland, Ireland) is a lawyer specialising in Te Tiriti o Waitangi. She represented lead claimants in the Waitangi Tribunal inquiry that led to the Hauora Report and the establishment of Te Aka Whai Ora, the Māori Health Authority.
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Exactly, Roimata. When we know what’s at stake, we plan accordingly. As Rumi wisely said, “The wound is the place where the Light enters you.” Or, the hack isn’t about sidestepping hardship—it’s about decoding it, fast.
Poverty & Homelessness “We’re told by National 2025 budget is auster tighten our belts. In my city across many communities, there’s nothing left to tighten.” I see struggling people everywhere National see ‘bottom feeders,’ what does that say about the political system keeping us there?
Public Services Declining “Public Hospitals, the national ferry carrier, public-funded assets falling apart. The finance minister says it’s just how things are now. If running down basic public services makes us ‘bottom feeders,’ give the minister some cake on Budget Day, she’s earned it .”
Environmental Exploitation “Seabed mining might bring in fast cash to the delight of the coalition,” but when the ocean’s wrecked and our environment creates ‘bottom feeders,’ then maybe we’re the ones thinking ahead.
Also, being very aware of the precedents being set. Because while they debate economics and girl math in parliament, everyday people are living with their bad policy decisions and PR tactics step in to keep us distracted.
Women’s pay equity was stripped away. But instead of debating why, feminist politicians orchestrated a distraction, fueling outrage over offensive language in Parliament. Tactic.
Māori voices are being pushed to the sidelines. When Te Pāti Māori stood up with a haka, Parliament wielded white privilege to silence them and divert attention elsewhere. Tactics.
ACT is reviving a broken law and masking it as “good governance.” In truth, it’s about funneling profits to corporations making water a market commodity—erasing Treaty protections and turning environmental destruction into a negotiation. Tactic.
Dodging accountability. Dismissing responsibility. Coalitions Playbook for bottomfeeders. Tactics.
For the PR handlers and politicians seeking wisdom without wounds. When we were kids growing up, we got up to the slightest bit of trouble at the pā. We had to face the music conductors of tikanga—a gauntlet of nannies and koros, some carrying long willow tree stripes without leaves. Before we even got home to our parents, the living embodiment of “higher authority,” they made sure we didn’t go hungry. Tikanga was baked into us from birth. Why? Because they knew every challenge carry colour-coded insights encrypted within experience. If we bypass struggle, we forfeit the real upgrades: resilience, depth, and mastery. Mauri ora.