Waitangi Tribunal Te Rōpū Whakamana i te Tiriti o Waitangi

About us

This fact sheet provides information for the general public on the Waitangi Tribunal

Establishment of the Waitangi Tribunal Vision The Waitangi Tribunal was established under the The Tribunal’s vision is that the Crown and Act in 1975 as a permanent Māori will be reconciled in the spirit of the commission of inquiry. principles of the Te Tiriti o Waitangi/ Treaty of Since the Treaty was signed in 1840, Māori have Waitangi. They will be empowered to join in vigorously petitioned the Crown to honour the creating a better future for all . terms of the Treaty. Often the Crown ignored these The vision is expressed by the whakataukī of protests. In the 1970s, Māori protest about the Waitangi Tribunal: unresolved Treaty grievance was increasing. Transitioning from our past to a new future By establishing the Waitangi Tribunal, Parliament provided a legal process by which claims could be Tākari te haeta, ka ao ka awatea, horahia mai investigated. ko tea o mārama

Dawn breaks, comes the daylight and the What does the Tribunal do? world is aglow with brilliant light

The Tribunal’s role is to provide an independent, impartial and public forum for Māori to bring claims alleging that they have suffered prejudice from breaches of Te Tiriti o Waitangi/The Treaty of The final district inquiries into mainly historical Waitangi. Claims must address Crown legislation, claims are under way. More recent inquiries have focused on issues of national significance affecting policies, acts or omissions. Māori as a whole. These are known as kaupapa inquiries. In fulfilling its role, The Waitangi Tribunal has authority to determine the meaning and effect of

Te Tiriti o Waitangi/ The Treaty of Waitangi. Waitangi Tribunal members

As a permanent commission of inquiry, the Tribunal The Waitangi Tribunal has up to 20 members and a conducts inquiries, hears evidence from witnesses, chairperson, who is also a member. The current and issues reports and recommendations. chairperson is Chief Judge Wilson Isaac of the Māori Land Court. At first, the Tribunal could only hear claims about current government actions. In 1985, Parliament Members are appointed by the Governor-General enabled the Tribunal to investigate grievances on the recommendation of the Minister for Māori dating back to 1840. Development after consultation with the Minister of Justice. They are chosen for their knowledge and As well as historical matters, the Tribunal continues experience in matters likely to come before the to report on claims concerning many contemporary Tribunal, such as tikanga, history, law, policy and issues. governance. Approximately half the members are Māori and half are tauiwi (non-Māori).

Frequently Asked Questions

Who can bring a claim to the Waitangi Tribunal? In the Tribunal, tauiwi and Māori leaders and kaumatua sit together with judges to Any Māori may submit a claim to the Waitangi Tribunal on behalf of themselves or a group of • investigate to find the truth; Māori. • listen to claimant communities, and the Crown; • affirm claims where they are proven; • explain where they fall short

The Tribunal engages actively with communities over a period of many months, and as a result of this interaction, communities change and move forward.

The changes brought about by the groups’ engagement with the Tribunal assist in building a platform for a robust and durable claim settlement process. Tribunal reports and recommendations Te Rohe Pōtae Tribunal hearing, Te Kotahitanga , Ōtorohanga, Nov 2013 can help Crown and Māori as they negotiate settlements, revise legislation, or create new legal entities or frameworks that support both parties in What is the difference between the Waitangi the spirit of Te Tiriti o Waitangi/The Treaty of Tribunal and the Waitangi Tribunal Unit? Waitangi. Tribunal reports also capture the histories, the stories, and journeys which claimants As a permanent commission of inquiry, the Tribunal have walked together, sometimes for generations, is a judicial agency in a number of respects. As such, to have their grievances heard, recognised, and it has constitutional separation from government addressed. administration.

The Tribunal is supported by the Waitangi Tribunal Can the Tribunal make binding recommendations Unit, which is part of the Ministry of Justice. As or recommendations involving private land? such, it is part of the executive arm of the government. The Tribunal has recommendatory powers which means that in most cases, the Crown is not bound What critical role does the Waitangi Tribunal play to implement the recommendations made in in New Zealand and how does it facilitate the Tribunal reports. Likewise, the Tribunal can hear Treaty settlement process? claims concerning private land, but in most cases it cannot recommend that the land be taken away Work is still needed to achieve Tribunal’s vision of from the current owners. reconciliation between Māori and the Crown, and a In limited instances, however, the Tribunal may better future for all New Zealanders. In the interests recommend the return of certain lands and these not only of Māori, but all of us, it is necessary to recommendations can become binding on the • resolve outstanding grievances; Crown. The lands must be subject to a Crown • restore the wellbeing of Māori forestry licence or be memorialised lands from communities; and Where can I find more information? • reconcile Māori communities with the state and other parts of society. For more information please visit the Waitangi Tribunal website. https://waitangitribunal.govt.nz/

state-owned enterprise, tertiary institutions or New Zealand railways.