Well-founded claim for land? Waitangi Tribunal must make a binding recommendation

In a recent Court of Appeal decision the Waitangi Tribunal’s power to make binding recommendations for the return of Crown licensed forest land or memorialised land to Māori was discussed.

The Court held that where Crown forest or memorialised land was taken from Māori, and the claim in the Waitangi Tribunal is well-founded, the Tribunal must either recommend return of the land, or decide that the land does not need to be returned. The Tribunal cannot avoid making a decision by asking the claimants and the Crown to negotiate between themselves.

Additionally, the Court held that where return of Crown forest or memorialised land is recommended and there are multiple claimants the Tribunal can ask for further evidence as to how the land should be distributed. Any monetary compensation can be adjusted between the claimants depending on the land distribution.

If the Crown licensed forest land or memorialised land is not recommend for return then the Crown is released from its obligations to hold it.