Treaty of Waitangi Act
Encyclopedia
The Treaty of Waitangi Act 1975 established the Waitangi Tribunal
and gave the Treaty of Waitangi
recognition in New Zealand law for the first time. The Tribunal was empowered to investigate possible breaches of the Treaty by the New Zealand
government or any state-controlled body, occurring after 1975. It was also empowered to recommend, but not enforce, remedies.
Although the Treaty had been a focus of Māori protest for several years by 1975, many Māori were unhappy with the Act. Most of the significant breaches of the Treaty, such as land confiscation in the New Zealand Wars, had occurred in the nineteenth century, and the Tribunal was powerless to investigate these. Some people (Māori as well as others), including many in the National Party
opposition, opposed the Act on the grounds that it would be divisive.
to investigate claims
dating back to 1840, when the Treaty was signed. It also enlarged the Tribunal's membership to enable it to handle the increased number of claims. It also required the Tribunal to have a Māori majority.
The 1985 amendment considerably broadened the scope of the Tribunal's inquiries and led to ongoing debate over the appropriate response by the Crown to the findings and recommendations of the Tribunal (see Treaty of Waitangi claims and settlements
). It was part of the Fourth Labour government
's policy of giving greater acknowledgment to the Treaty, as was the inclusion of references to the Treaty in other legislation, such as the State Owned Enterprises Act. This amendment was one of the most important steps towards making the Treaty relevant in New Zealand law and society.
amends section 6 of the Treaty of Waitangi Act to exclude the jurisdiction of the Waitangi Tribunal from further considering the historical claims of the group receiving the settlement.
Waitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
and gave the Treaty of Waitangi
Treaty of Waitangi
The Treaty of Waitangi is a treaty first signed on 6 February 1840 by representatives of the British Crown and various Māori chiefs from the North Island of New Zealand....
recognition in New Zealand law for the first time. The Tribunal was empowered to investigate possible breaches of the Treaty by the New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
government or any state-controlled body, occurring after 1975. It was also empowered to recommend, but not enforce, remedies.
Although the Treaty had been a focus of Māori protest for several years by 1975, many Māori were unhappy with the Act. Most of the significant breaches of the Treaty, such as land confiscation in the New Zealand Wars, had occurred in the nineteenth century, and the Tribunal was powerless to investigate these. Some people (Māori as well as others), including many in the National Party
New Zealand National Party
The New Zealand National Party is the largest party in the New Zealand House of Representatives and in November 2008 formed a minority government with support from three minor parties.-Policies:...
opposition, opposed the Act on the grounds that it would be divisive.
1985 Amendment
This enabled the TribunalWaitangi Tribunal
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975...
to investigate claims
Treaty of Waitangi claims and settlements
Treaty of Waitangi claims and settlements have been a significant feature of New Zealand race relations and politics since 1975. Over the last 30 years, New Zealand governments have increasingly provided formal legal and political opportunity for Māori to seek redress for breaches by the Crown of...
dating back to 1840, when the Treaty was signed. It also enlarged the Tribunal's membership to enable it to handle the increased number of claims. It also required the Tribunal to have a Māori majority.
The 1985 amendment considerably broadened the scope of the Tribunal's inquiries and led to ongoing debate over the appropriate response by the Crown to the findings and recommendations of the Tribunal (see Treaty of Waitangi claims and settlements
Treaty of Waitangi claims and settlements
Treaty of Waitangi claims and settlements have been a significant feature of New Zealand race relations and politics since 1975. Over the last 30 years, New Zealand governments have increasingly provided formal legal and political opportunity for Māori to seek redress for breaches by the Crown of...
). It was part of the Fourth Labour government
Fourth Labour Government of New Zealand
The Fourth Labour Government of New Zealand was the government of New Zealand from 26 July 1984 to 2 November 1990. It enacted major social and economic reforms, including reformation of the tax system. The economic reforms were known as Rogernomics after Finance Minister Roger Douglas...
's policy of giving greater acknowledgment to the Treaty, as was the inclusion of references to the Treaty in other legislation, such as the State Owned Enterprises Act. This amendment was one of the most important steps towards making the Treaty relevant in New Zealand law and society.
1988 Amendment
This further expanded the Tribunal's membership and abolished the requirement for a Māori majority. It also enabled different groups of Tribunal members to investigate different claims simultaneously.1988 Amendment (State Enterprises)
This amendment came about following a court case in which the government was found to be ignoring the principles of the Treaty by attempting to sell state-owned land which might be subject to Treaty claims. The amendment enabled covenants to be placed on such land stating that it might be claimed back by the Tribunal, even if in private hands. It also gave the Tribunal the power to compulsorily acquire such land. This is the only instance in which the Tribunal is able to issue legally binding orders.1993 Amendment
This amendment came about following the controversial recommendation in the Waitangi Tribunal's Te Roroa Report http://www.waitangi-tribunal.govt.nz/reports/summary.asp?reportid={7DF6E15E-2C4D-4DD0-9E60-50A88FFB48A9} that the Crown purchase an area of private land for return to claimants in a settlement. The owners of the land argued that the recommendation devalued their properties. The amendment prohibits the Tribunal from recommending the return or purchase by the Crown of any private land, other than that covered by the covenants noted above.2006 Amendment (Maori Purposes Bill)
This amends section 6 of the Treaty of Waitangi Act to set a closing date of 1 September 2008 for submitting historical Treaty claims, defined as those relating to acts or omissions of the Crown prior to 21 September 1992. It allows existing claims to be amended and does not affect the settlement of historical claims that have already been lodged, or the ability to lodge claims relating to grievances relating to acts or omissions after September 1992.Other amendments
Legislation implementing various historical Treaty settlementsTreaty of Waitangi claims and settlements
Treaty of Waitangi claims and settlements have been a significant feature of New Zealand race relations and politics since 1975. Over the last 30 years, New Zealand governments have increasingly provided formal legal and political opportunity for Māori to seek redress for breaches by the Crown of...
amends section 6 of the Treaty of Waitangi Act to exclude the jurisdiction of the Waitangi Tribunal from further considering the historical claims of the group receiving the settlement.
Debates
- New Zealand Parliamentary Debates vol.395 (1974), pp. 5795–9.
- New Zealand Parliamentary Debates vol.401 (1975), pp. 4342–6, 4495-500.
- New Zealand Parliamentary Debates vol.402 (1975), pp. 5406–8.
- New Zealand Parliamentary Debates vol.460 (1984–85), pp. 2702–13, 6059-83, 8626-31.
- New Zealand Parliamentary Debates vol.485 (1987), pp. 1715–34.
- New Zealand Parliamentary Debates vol.488 (1988), pp. 3970–81, 4017-28.
- New Zealand Parliamentary Debates vol.489 (1988), pp. 4560–86, 4775-91.
- New Zealand Parliamentary Debates vol.492 (1988), pp. 6611–16.
- New Zealand Parliamentary Debates vol.494 (1988), pp. 7927–33, 8217-24.
- New Zealand Parliamentary Debates vol.495 (1988), pp. 8525–35, 8861-72.
- New Zealand Parliamentary Debates vol.632 (2006), pp. 3951–69.
- New Zealand Parliamentary Debates vol.636 (2006), pp. 6965–84, 7021-33.