![]() |
| Chris Luxon - CEO of New Zealand |
It arrives, instead,
dressed in the language of democratic mandate, of delivering on election
promises, of parliamentary sovereignty, and it is precisely this
variety of vandalism that the Luxon-led coalition government has been
practising, with increasing boldness and decreasing embarrassment, since
it took office in late 2023.
New Zealand does not yet possess a
written, entrenched constitution of the kind that makes such conduct
immediately and visibly illegal.
What it does possess, and what the current government has shown a systematic willingness to erode, is a body of constitutional convention that is, if anything, more fragile precisely because it depends upon the good faith of those in power to uphold it. That good faith has been conspicuously absent since the coalition of chaos took power.
The pattern, once you observe it, is impossible to miss. A court or tribunal hands down a ruling that inconveniences the government’s misguided ideological programme. The government’s response isn’t to appeal, isn’t to seek further clarification, isn’t to adjust its policy settings in light of the law. The response is to legislate the inconvenience away.Consider the disestablishment of Te Aka Whai Ora, the Māori Health Authority, by Health Minister Shane Reti in February 2024. The Waitangi Tribunal had scheduled an urgent hearing into the proposed closure.
The government’s response was to introduce the Pae Ora (Disestablishment of Māori Health Authority) Amendment Bill on 27 February 2024, two days before the hearing was due to begin, and pass it under urgency within days.
When the Tribunal eventually restored its jurisdiction and conducted its inquiry, it found the Crown had breached multiple Treaty principles.
Reti and the government responded with silence, offering not a word of substantive engagement, no acknowledgement of wrongdoing, no corrective action, only the quiet arrogance of a government that has decided the findings of independent constitutional bodies are an inconvenience to be absorbed, not an obligation to be met.
On 29 November 2024, Te Ao Māori News reported:
Coalition’s scrapping of Māori Health Authority breaches Treaty - Waitangi Tribunal
The Waitangi Tribunal says the government’s quick disestablishment of Te Aka Whai Ora (Māori Health Authority) breached Treaty of Waitangi principles.
The tribunal today released the first part of its report on the disestablishment.
It found that the move breached Treaty principles, including tino rangatiratanga, good government, partnership (including the duties of consultation, and acting reasonably and in good faith), active protection and redress.
The conduct surrounding the repeal of section 7AA of the Oranga Tamariki Act also deserves particular scrutiny, because it involves not one court interaction but two. When the Waitangi Tribunal summoned Children’s Minister Karen Chhour to give evidence about the proposed repeal, Crown lawyers went to the High Court to block the summons and won. The matter was appealed.
On 13 May 2024, the Court of Appeal unanimously overturned the High Court’s ruling, confirming that the Tribunal had the clear legal authority to summons a sitting minister. The following day, the very next day, Chhour introduced the repeal bill to Parliament, ending the Tribunal’s jurisdiction entirely.
That isn’t parliamentary sovereignty. That is using Parliament as a shield against judicial accountability. The Tribunal had already found the repeal breached the Treaty’s guarantee of Māori self-determination. The bill passed into law on 3 April 2025 regardless.
On 13 May 2024, RNZ reported:
Court of Appeal overturns decision that blocked Children's Minister from Waitangi Tribunal summons
The Court of Appeal has overturned a High Court decision which blocked a summons order from the Waitangi Tribunal for Children's Minister Karen Chhour.
The court released its decision on Monday.
At the same time, a bill proposing the repeal of section 7AA from the Oranga Tamariki Act has been introduced to Parliament, meaning the Tribunal no longer has jurisdiction over the case.
In its ruling, the court acknowledged the importance of the Waitangi Tribunal's role in inquiry into legislation that is inconsistent with the principles of the Treaty of Waitangi and that the minister had relevant evidence to give to the Tribunal.
It disagreed with the High Court's ruling that the principle of comity, or legal reciprocity, applied to the Tribunal.
Treaty Negotiations Minister Paul Goldsmith provides perhaps the most candid admission of what this government has been doing. When the coalition introduced legislation to override a 2023 Court of Appeal decision that had lowered the test for Māori customary marine title, and then pressed ahead with even harsher restrictions after winning in the Supreme Court, Goldsmith himself acknowledged: “It’s not a desirable situation, obviously we thought long and hard about this, it’s very unusual for the government to overturn court decisions in this way.”
Goldsmith was right that it is unusual. But unfortunately the unusual aspect did not give him or the Government pause for thought.
The Marine and Coastal Area amendment is especially egregious because the government actually won its Supreme Court appeal in December 2024. Any principled administration would have accepted that outcome as a vindication of its position and governed accordingly. Instead, Goldsmith declared the win insufficient and pressed ahead with legislation that goes further than even the court’s revised test, applying retrospectively to July 2024 and voiding customary marine title orders that had already been lawfully granted.
Communities that had spent decades navigating the courts to have their rights recognised were told, in effect, that those rights were cancelled by executive fiat.
On 11 August 2025, The Spinoff reported:
Why the government is changing the Marine and Coastal Area Act
In 2023, the Court of Appeal was asked to interpret the test for the recognition of customary marine title. The terms “exclusive occupation”, “in accordance with tikanga” and “without substantial interruption”, for example, all needed to be interpreted by the Court to make it clear exactly what they meant in practice. What if, for example, two iwi had control of an area according to their tikanga, which allowed each of those iwi to access that area, but excluded all others? Would that count as exclusive occupation under the law?
The Court of Appeal decision in 2023 clarified the relevant tests, but the government disagreed with the result. Normally when that occurs, the losing side can appeal the decision to the Supreme Court. That’s what happened in this case, but rather than wait for the Supreme Court’s decision, in 2024 the government introduced the Marine and Coastal Area (Takutai Moana) (Customary Marine Title) Amendment Bill. The bill was specifically designed to overrule the Court of Appeal decision.
Chris Bishop and Todd McClay have similarly deployed the legislative sledgehammer against the judiciary in the freshwater sphere. When the High Court ruled in March 2024 that a Canterbury irrigation company could not obtain a discharge consent because it would cause ongoing significant adverse effects on aquatic life, a ruling that faithfully applied section 107 of the Resource Management Act as it had existed, unamended, since 1991, the government’s response was to amend section 107 through the Resource Management (Freshwater and Other Matters) Amendment Act, passed in October 2024.
The entire point of the amendment was to make lawful what the High Court had found unlawful, an unconstitutional overreach usually only found in authoritarian dictatorships.
Associate Justice Minister Nicole McKee performed the same manoeuvre in the criminal sphere, reinstating the three-strikes sentencing regime that the Supreme Court had found produced outcomes in breach of the New Zealand Bill of Rights Act’s prohibition on disproportionately severe punishment.
What each of these instances shares is a structural contempt for the separation of powers. The executive and legislative branches of government aren’t constitutionally entitled to be insulated from judicial scrutiny of their conduct. Courts and the Waitangi Tribunal exist precisely to hold the Crown to account where its actions exceed lawful bounds or breach Treaty obligations.
When a government responds to adverse findings not by modifying its conduct but by changing the law to permit the conduct that courts have found impermissible, it isn’t exercising democratic authority. It is converting Parliament into an instrument for laundering executive lawlessness.
Social Development Minister Louise Upston pursued the same logic when, following a High Court ruling that the Ministry of Social Development had been acting unlawfully in clawing back supplementary assistance payments from ACC recipients, the government simply amended the Social Security Act to retrospectively authorise the very conduct the court had struck down. The injured and the disabled, people who had won a ruling protecting them from an unlawful government practice, found that their victory had been voided before they could act on it.
On 17 February 2026, RNZ reported:
Incoming law change so MSD can claw back welfare payments off ACC clients
The government has introduced legislation so the welfare system can legally claw back payments when someone has been backpaid for an ACC claim.
Social Development and Employment Minister Louise Upston moved a motion of urgency to introduce the Social Security (Accident Compensation and Calculation of Weekly Income) Amendment Bill shortly after 7.30pm.
It comes after a significant High Court ruling against the Ministry of Social Development (MSD) on the recovery of welfare payments late last year.
The ruling said MSD couldn't require people to pay back supplementary assistance they'd received (like accommodation supplements and winter energy payments) once they had been paid back-dated compensation from Accident Compensation Corporation (ACC).
One could perhaps extend some limited tolerance to a government that occasionally, under genuine duress and with transparent acknowledgement of the constitutional tension involved, found it necessary to override a court finding of narrow legal scope. New Zealand’s constitutional arrangements do permit Parliament to legislate in ways that courts cannot override.
But this government has not been doing this reluctantly, narrowly, or transparently. It has been doing it reflexively, broadly, and without any genuine grappling with the rule-of-law implications or the implications to other established legislation. It has treated the courts, the Waitangi Tribunal, and the Bill of Rights Act as obstacles to be circumnavigated rather than as structural elements of the constitutional order it is supposed to uphold.
The cumulative record is damning. Over the course of little more than two years, the Luxon coalition has timed legislation to kill tribunal hearings mid-inquiry; introduced bills the day after losing in court; overridden the first-ever judicial enforcement of three decades of freshwater protection law; retroactively voided customary rights that had been lawfully recognised; reinstated a sentencing regime found to breach fundamental human rights guarantees; and legislated away a High Court ruling protecting sick and injured New Zealanders from unlawful government debt recovery.
Christopher Luxon has said very little about any of this. He isn’t required to say much when the ministers responsible, Reti, Chhour, Goldsmith, McKee, Bishop, McClay, Upston, are each individually insulated by the pretence that they are merely implementing coalition commitments.
But the pattern of conduct belongs to the government as a whole, and the Prime Minister bears responsibility for the constitutional culture he has allowed, and actively encouraged, to take hold.
A government that treats the courts as an inconvenience to be legislated around isn’t a government committed to the rule of law. It is a government that has decided its electoral programme outranks the legal and constitutional framework within which all New Zealand governments are supposed to operate.
Those decisions, made quietly and without fanfare, across a dozen separate legislative acts, deserves to be named for what they are: a sustained and deliberate assault on the constitutional conventions that protect every New Zealander from the unchecked exercise of executive power.
The courts can be overridden. Tribunals can be sidelined. Bills of Rights can be disregarded. What cannot so easily be recovered, once lost, is the principle that no government in New Zealand is above the law, including, and especially, this one.
| # Date |
What was overridden | Minister responsible | How |
|---|---|---|---|
|
1 Feb–Mar 2024 |
Waitangi Tribunal hearing (Māori Health Authority) | Shane Reti | Rushed legislation through Parliament before the Tribunal could issue its report. |
|
2 May 2024 |
Court of Appeal ruling (Tribunal can summons Ministers) | Karen Chhour | Introduced s7AA repeal bill the next day, directly mooting the Court of Appeal ruling. |
|
3 May 2024 |
Waitangi Tribunal Treaty breach finding (s7AA) | Karen Chhour | Introduced the bill the same day as the ruling and passed it into law in April 2025. |
|
4 May–Jul 2024 |
Waitangi Tribunal Treaty breach finding (Māori Wards) | Simeon Brown | Passed the legislation regardless of the Tribunal’s Treaty breach finding. |
|
5 Jul–Dec 2024 |
Court of Appeal 2023 & Supreme Court win (MACA) | Paul Goldsmith | Advanced legislation that exceeded both court rulings and applied it retrospectively. |
|
6 Oct 2024 |
High Court (RMA s107 freshwater pollution) | Penny Simmonds | Reversed the first-ever s107 enforcement action through new legislation. |
|
7 Oct 2024 |
Environment Court rulings (RMA s70 farm runoff) | Penny Simmonds | Amended s70 to permit farm discharges into already degraded waterways. |
|
8 Dec 2024 |
Supreme Court (three strikes = Bill of Rights breach) | Nicole McKee | Reinstated three strikes law with only minor modifications despite the ruling. |
|
9 May 2025 |
Waitangi Tribunal (Regulatory Standards Bill) | David Seymour | Introduced bill days after Tribunal report despite urgent Māori consultation call; enacted November 2025. |
|
10 2025–2026 |
Supreme Court (PSGE subject to Māori Land Court) | Tama Potaka | Proposed bill allowing post-settlement entities to opt out of Māori Land Court oversight. |
|
11 Feb 2026 |
High Court (MSD can't claw back ACC supplementary payments) | Louise Upston | Legislated to allow clawback of ACC payments exactly as ruled unlawful by the High Court. |
|
12 Feb 2026 |
Supreme Court (Uber drivers are employees) | Brooke van Velden | Added a gateway test to the Employment Relations Act to prospectively block employee challenges. |
















