UPDATED: 6.22pm The Prime Minister's not going to take part in this year's Waitangi Day celebrations at Te Tii Marae.

John Key accused the Ngapuhi trustees of acting like "Mickey Mouse" earlier this afternoon for trying to gag him from speaking on their marae tomorrow.

Mr Key wrote to them asking for them to clarify their position, he hasn't heard from them so he's not going north.

The Prime Minister says there's been too much restriction placed on him, and he doesn't want to put his staff in harms way with threats of violence.

"I can't go and I won't go to Waitangi with a gagging order on me, and I won't go when there is a position where senior elders of that marae are actively encouraging I think violence effectively, and that's the message that Kingi's been putting out there."

This is the first time Mr Key hasn't been at the celebrations in Waitangi, and follows a similar stance taken by his predecessor Helen Clark, who also refused to go because of their behavior.

Minister of Treaty Negotiations Chris Finlayson said with John Key pulling out, he and other ministers will not go to Waitangi.

"For far too long, these guys have been poster boys and girls for bad behaviour, and they embarrass the country."

LISTEN ABOVE: Minister of Treaty Negotiations Chris Finlayson speaks to Larry Williams

Earlier today Ngapuhi wrote to the Prime Minister telling him he won't have speaking rights on the Te Tii marae, which is contrary to what they told him earlier. Key said that was unacceptable.

"We won't go unless we can speak in the whare, and we're free to be able to say what we like.

"We're not going to turn up at Waitangi with a bunch of protesters yelling out saying things which are not right, and somehow go onto Te Tii Marae with a gagging order."

"It was a little bit frustrating, because it's all completely Mickey Mouse if you ask me, but the Mickey Mouse-ness of it is sitting on their side. I'm sorry but actually we have been very up-front, very clear, quite deliberate and very specific."