The Waitangi Tribunal, a standing Commission of Inquiry, was established by the Treaty of Waitangi Act 1975. It was a result of many petitions and protests that the terms of te Tiriti o Waitangi/the Treaty of Waitangi were not being upheld by the Crown, providing a legal process by which Treaty grievances could be investigated. The Tribunal:

  • inquires into and makes recommendations on well-founded claims;
  • examines and reports on proposed legislation, if it is referred to the Tribunal by the House of Representatives or a Minister of the Crown; and
  • makes recommendations or determinations about certain Crown forest land, railway land, state-owned enterprise land, and land transferred to educational institutions.

The Waitangi Tribunal also has exclusive authority to determine the meaning and effect of the Treaty. It can also decide on issues raised by the differences between the Māori and English texts of the Treaty.

Members of the Waitangi Tribunal are appointed by the Governor-General on the recommendation of the Minister for Māori Development. A panel of three to seven members are appointed to carry out an inquiry, with Māori Land Court judges often appointed as the presiding officer. Panel members are appointed because of their knowledge and expertise in different subject matters. The current Chairperson of the Waitangi Tribunal is Kaiwhakawā Matua, Dr Caren Fox. For the full list of Tribunal members, please see the following link: Members | Waitangi Tribunal.

TYPES OF WAITANGI TRIBUNAL CLAIMS

There are four ‘types’ of claims:

  1. Historical Claims – these are claims that relate to matters that occurred before 21 September 1992 and were filed with the Tribunal prior to 1 September 2008. Most historical claims have been addressed in district inquiries. However, a new process is being created and a panel appointed to hear remaining claims that have not been addressed and are eligible to be heard.
  2. Contemporary Claims – these are claims that relate to matters that occurred on or after 21 September 1992. Some of these claims may be left over from previous Tribunal inquiries or settlements restricted to historical grievances. Many contemporary claims are likely to be addressed in the kaupapa inquiry programme.
  3. Urgent Claims – these claims aim to prioritise issues that are about current Crown actions or policies that are causing immediate and irreversible harm, with no alternative remedy. Urgency is only granted in exceptional cases and has a very high threshold to meet.
  4. Remedies Claims – once a historical claim has been inquired into, the claimants may apply for an urgent remedies hearing. In many of these claims, claimants ask the Tribunal to exercise its binding powers.

In order to address historical and contemporary claims more effectively, claims have been grouped into two categories:

  1. District Inquiries – these are a range of claims (mostly historical) brought by Māori from defined districts in a single inquiry. The Muriwhenua Inquiry and the North-Eastern Bay of Plenty Inquiry are two examples of current district inquiries.
  2. Kaupapa (Thematic) Inquiries – these are not specific to any district but deal with a range of nationally significant issues affecting Māori as a whole. For the full list of Kaupapa Inquiries, please see the following link: Kaupapa inquiries | Waitangi Tribunal.

 

WHAT HAPPENS AT HEARINGS?

The Tribunal has statutory authority to regulate its own procedures. It can therefore seek different types of evidence for its report, ranging from oral and traditional kōrero (ngā kōrero tuku iho), claimant personal experiences, expert evidence (such as historical, legal, socio-economic and other specialised fields), and evidence from government officials and experts. Evidence can be presented orally, provided in writing, or both.

The Tribunal can also choose how and where it wants to hear this evidence, ranging from a formal hearing process to a claimant-led informal wānanga, or anything in between. These are usually held at marae, large public venues, or the Waitangi Tribunal offices in Wellington. Tribunal events, unless otherwise indicated, are open to the public.

 

AFTER THE HEARINGS

After the hearings are complete, the Tribunal panel writes a report that details its findings and recommendations. How long this takes depends on many factors, including the number of participating claims, the quantity and type of evidence presented, and the scope of the issues in consideration.

After the report is issued, direct negotiations between a “large natural claimant grouping” and the Crown usually take place, or a remedies inquiry may be thought necessary. The Tribunal report strengthens the claimant parties’ negotiating position but does not guarantee the implementation of Tribunal recommendations.

 

Our Māori Legal Team provides expert advice relating to the processes of Te Tiriti o Waitangi Claims, Māori Land Law and related issues.