Waitangi Tribunal
Encyclopedia
The Waitangi Tribunal is a New Zealand
permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown
, in the period since 1840, that breach the promises made in the Treaty of Waitangi
.
In 1975 protests about unresolved Treaty of Waitangi grievances had been increasing for some time, and the Tribunal was set up to provide a legal process for the investigation of those grievances. Originally the Tribunal could only investigate greivances since 1975, but in 1985 a law change meant the Tribunal's jurisdiction was extended back to 1840.
The inquiry process contributes to the resolution of Treaty claims and, in that way, to the reconciliation of outstanding issues between Māori and Pākehā
.
The Tribunal process is inquisitorial, not adversarial. It seeks to get to the truth of the matter. The aim is to determine whether a claim is well founded.
was breached by the Crown proceeding to introduce legislation related to Māori language before the delivery of the Tribunal's "Report on the Te Reo Maori Claim", and as a consequence the Māori people would be denied their claims for radio frequencies and a television channel. In June 1990 claim Wai 150 was lodged by Sir Graham Latimer on behalf of the New Zealand Maori Council. The claim was in respect of the rangatiratanga over the allocation of radio frequencies; the claim being that in the absence of an agreement with the Māori, the sale of frequency management licences under the Radiocommunications Act 1989 would be in breach of the Treaty of Waitangi
. The Waitangi Tribunal amalgamated the Wai 26 with the Wai 150 claim; with the final report of the Tribunal recommending that the Crown suspend the radio frequency tender process and proceed to negotiate with the iwi.
which provides support and services necessary for the Tribunal to do its work. Approximately 60 full-time staff work at the Tribunal, who are divided into the Research, Corporate and Support Services, Claims and Registrarial, Report Writing, and Editorial Teams.
on behalf of the Queen on the recommendation of the Minister of Māori Affairs
in consultation with the Minister of Justice
, for a renewable term of up to three years. For specific inquiries, a panel is composed of three to seven members, at least one of whom must be Māori. The chairperson of the Waitangi Tribunal can also appoint a Māori Land Court
judge to act as presiding officer. This panel is then known as the Tribunal for that inquiry, for example the Central North Island Tribunal or the Taranaki Tribunal.
As of August 2011, the membership of the Tribunal was:
Chairperson
Deputy Chairperson
Ordinary members
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...
permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, in the period since 1840, that breach the promises made in 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....
.
In 1975 protests about unresolved Treaty of Waitangi grievances had been increasing for some time, and the Tribunal was set up to provide a legal process for the investigation of those grievances. Originally the Tribunal could only investigate greivances since 1975, but in 1985 a law change meant the Tribunal's jurisdiction was extended back to 1840.
The inquiry process contributes to the resolution of Treaty claims and, in that way, to the reconciliation of outstanding issues between Māori and Pākehā
Pakeha
Pākehā is a Māori language word for New Zealanders who are "of European descent". They are mostly descended from British and to a lesser extent Irish settlers of the nineteenth and twentieth centuries, although some Pākehā have Dutch, Scandinavian, German, Yugoslav or other ancestry...
.
Investigatory powers
The Waitangi Tribunal is not a court. Because it was established as a permanent commission of inquiry, its method of investigation differs significantly from that of a court in several important respects:- Generally, the Tribunal has authority only to make recommendations. In certain limited situations, the Tribunal does have binding powers, but in most instances, its recommendations do not bind the CrownThe CrownThe Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, the claimants, or any others participating in its inquiries. In contrast, courts can make rulings that bind the parties to whom they relate.
- The Tribunal's process is more inquisitorial and less adversarial than that followed in the courts. In particular, it can conduct its own research so as to try to find the truth of a matter, whereas courts generally must decide a matter solely on the evidence and legal arguments presented by the participating parties.
- The Tribunal's process is flexible - the Tribunal is not necessarily required to follow the rules of evidence that generally apply in the courts, and it may adapt its procedures as it thinks fit. For example, the Tribunal may follow 'te kawa o te marae'. In contrast, the procedure in courts is much less flexible, and there are normally strict rules of evidence to be followed.
- The Tribunal does not have final authority to decide points of law. That power rests with the courts. However, the Tribunal has exclusive authority to determine the meaning and effect of the Treaty as it is embodied in both the Māori and the English texts.
- The Tribunal has a limited power to summons witnesses, require the production of documents, and maintain order at its hearings. But it does not have a general power to make orders preventing something from happening or compelling something to happen. Nor can it make a party to Tribunal proceedings pay costs.
Key points
- The Tribunal does not settle claims; it only makes recommendations to the Government. It is not involved in the settlement process, and claimants agree not to pursue matters through the Tribunal while they are engaged in the negotiation process.
- Claims are settled by negotiation with the Government. The Office of Treaty SettlementsOffice of Treaty SettlementsThe Office of Treaty Settlements is an office within the Ministry of Justice tasked with negotiating treaty settlements...
manages the negotiation of Treaty settlements for the Government, and all matters related to negotiations should be addressed to that office.
- The Tribunal cannot make recommendations over the return of private land. It may inquire into, and report on, claims relating to land that is privately owned, but unless the land is memorialised, the Tribunal may not recommend that it be returned to Māori ownership or that the Crown acquire it. (Memorialised lands are lands owned, or formerly owned, by a State-owned enterprise or a tertiary institution, or former New Zealand RailwaysNew Zealand Railways CorporationKiwiRail Network, formerly ONTRACK , is the infrastructure arm of KiwiRail. The ONTRACK trading name was introduced in 2004 after the government repurchased all of New Zealand's rail infrastructure from Toll NZ. It does not operate revenue rolling stock...
lands, that have a memorial (or notation) on their certificate of title advising that the Waitangi Tribunal may recommend that the land be returned to Māori ownership.)
- The Tribunal can register the claim of any Māori with a grievance against a policy, practice, act, or omission of the Crown. The Tribunal is not required to check that a claimant has a mandate from any group, but it may refuse to inquire into a claim that is considered to be frivolous or vexatiousFrivolous or vexatiousIn the law of several jurisdictions, such as Ireland and New Zealand, frivolous or vexatious, when used to describe an action such as a complaint or a legal proceeding, is a term used to deny its being heard, or to dismiss or strike out any ensuing judicial or non-judicial processes.While the term...
.
The Tribunal process is inquisitorial, not adversarial. It seeks to get to the truth of the matter. The aim is to determine whether a claim is well founded.
Taonga and the Wai 26 & 150 claim regarding radio frequencies
In June 1986, the Waitangi Tribunal received the Wai 26 claim that the Treaty of WaitangiTreaty 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....
was breached by the Crown proceeding to introduce legislation related to Māori language before the delivery of the Tribunal's "Report on the Te Reo Maori Claim", and as a consequence the Māori people would be denied their claims for radio frequencies and a television channel. In June 1990 claim Wai 150 was lodged by Sir Graham Latimer on behalf of the New Zealand Maori Council. The claim was in respect of the rangatiratanga over the allocation of radio frequencies; the claim being that in the absence of an agreement with the Māori, the sale of frequency management licences under the Radiocommunications Act 1989 would be in breach of 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....
. The Waitangi Tribunal amalgamated the Wai 26 with the Wai 150 claim; with the final report of the Tribunal recommending that the Crown suspend the radio frequency tender process and proceed to negotiate with the iwi.
Taonga and the Wai 262 claim in respect of mātauranga Māori
The Wai 262 claim in the Waitangi Tribunal is a claim of rights in respect of mātauranga Māori or Māori knowledge in respect of indigenous flora and fauna. On 2 July 2011 the Tribunal released its report into the Wai 262 claim: "Ko Aotearoa Tēnei" (‘This is Aotearoa’ or ‘This is New Zealand’). "Ko Aotearoa Tēnei" considers more than 20 Government departments and agencies and makes recommendations as to reforms of "laws, policies or practices relating to health, education, science, intellectual property, indigenous flora and fauna, resource management, conservation, the Māori language, arts and culture, heritage, and the involvement of Māori in the development of New Zealand’s positions on international instruments affecting indigenous rights."The Waitangi Tribunal Unit
The Waitangi Tribunal Unit is a special juristiction unit of the Ministry of JusticeMinister of Justice (New Zealand)
The Minister of Justice is a minister in the government of New Zealand. The minister has responsibility for the formulation of justice policy and for the administration of law courts....
which provides support and services necessary for the Tribunal to do its work. Approximately 60 full-time staff work at the Tribunal, who are divided into the Research, Corporate and Support Services, Claims and Registrarial, Report Writing, and Editorial Teams.
Membership
The Tribunal may have a chairperson and up to 20 members at any one time. Members are appointed by the Governor-GeneralGovernor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
on behalf of the Queen on the recommendation of the Minister of Māori Affairs
Minister of Maori Affairs
The Minister of Māori Affairs is the minister of the New Zealand government with broad responsibility for government policy towards Māori, the first inhabitants of New Zealand. The current Minister of Māori Affairs is Dr. Pita Sharples.-Role:...
in consultation with the Minister of Justice
Minister of Justice (New Zealand)
The Minister of Justice is a minister in the government of New Zealand. The minister has responsibility for the formulation of justice policy and for the administration of law courts....
, for a renewable term of up to three years. For specific inquiries, a panel is composed of three to seven members, at least one of whom must be Māori. The chairperson of the Waitangi Tribunal can also appoint a Māori Land Court
Maori Land Court
The Māori Land Court is the specialist court in New Zealand that hears matters relating to Māori land.The Māori Land Court was established in 1865 as the Native Land Court. In 1954, the name was changed to the Māori Land Court...
judge to act as presiding officer. This panel is then known as the Tribunal for that inquiry, for example the Central North Island Tribunal or the Taranaki Tribunal.
As of August 2011, the membership of the Tribunal was:
Chairperson
- Chief Judge Wilson Isaac, chief judge of the Māori Land CourtMaori Land CourtThe Māori Land Court is the specialist court in New Zealand that hears matters relating to Māori land.The Māori Land Court was established in 1865 as the Native Land Court. In 1954, the name was changed to the Māori Land Court...
.
Deputy Chairperson
- Judge Stephanie Milroy of the Māori Land Court.
Ordinary members
- Dr Robyn Anderson, historian.
- John Baird, former managing director.
- Dr Angela Ballara, historian.
- Dame Margaret BazleyMargaret BazleyDame Margaret Bazley DNZM is a distinguished New Zealand public servant.-Career:Bazley commenced her career as a nurse, rising from a position as a charge nurse at Tokanui Hospital, Te Awamutu in 1961 to Director, division of nursing, Department of Health in 1978, a position she held until 1984.In...
, former civil servant. - Tim Castle, barrister.
- Dr Aroha Harris, historian.
- Dr Richard Hill, historian.
- Hon Sir Douglas Kidd, former politician.
- Professor Sir Hirini Moko Mead, Maori Studies academic.
- Joanne Morris, civil servant.
- Basil Morrison, former local politician.
- Kihi Ngatai, kaumātua.
- Josepth Northover, kaumātua.
- Dr Ann Parsonson, historian.
- Professor Sir Tamati Reedy, academic and former civil servant.
- Tania Simpson, policy advisor.
- Dr Monty Souter, historian.
- Professor Pou Temara, Māori Studies academic.
- Keita Walker, education advisor.
- Professor Ranginui WalkerRanginui WalkerRanginui Joseph Isaac Walker, DCNZM is a Māori academic and writer living in New Zealand. He was educated at St Peter's Maori College, Auckland, Auckland Teachers' Training College and Auckland University. Walker is a member of the Whakatōhea tribe of Opotiki in the Bay of Plenty. Walker was a...
, Māori Studies academic.
See also
- Treaty of Waitangi claims and settlementsTreaty of Waitangi claims and settlementsTreaty 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...
- New Zealand land warsNew Zealand land warsThe New Zealand Wars, sometimes called the Land Wars and also once called the Māori Wars, were a series of armed conflicts that took place in New Zealand between 1845 and 1872...
- New Zealand land confiscationsNew Zealand land confiscationsThe New Zealand land confiscations took place during the 1860s to punish the Kingitanga movement for attempting to set up an alternative, Māori, form of government that forbade the selling of land. The confiscation law targeted Kingitanga Māori against whom the government had waged war to restore...
- History of New ZealandHistory of New ZealandThe history of New Zealand dates back at least 700 years to when it was discovered and settled by Polynesians, who developed a distinct Māori culture centred on kinship links and land. The first European explorer to discover New Zealand was Abel Janszoon Tasman on 13 December 1642...