The Waitangi Tribunal

The Waitangi Tribunal was established in 1975 to determine claims by Māori relating to legislation, policies, acts, or omissions of the Crown that are alleged to breach the Treaty of Waitangi.

The Tribunal is a commission of inquiry and consists of members who are appointed by the Governor-General on the recommendation of the Minister for Māori Development. Members are selected because of their expertise in matters which are likely to come before the Tribunal.

The Tribunal can only inquire into actions of the Crown (central Government). The Tribunal cannot inquire into:

• Historical Crown actions or omissions (defined as acts or omissions that occurred before 21 September 1992).
• Matters that have been settled by the Crown.
• Anything in a Bill that has been introduced into Parliament.

The Waitangi Tribunal has up to 20 members. The current Chairperson of the Waitangi Tribunal is Chief Judge Dr Caren Fox of the Māori Land Court.

The Tribunal members constituted for an inquiry will hear the claim(s) presented before them by claimants, usually through their lawyers. The Crown will also present evidence before the Tribunal to address the claimant’s case.

A claim usually follows the following path:

• A claim is filed with the Waitangi Tribunal.
• Once a claim is submitted, it is checked and, if it meets the requirements set down in the Treaty of Waitangi Act 1975, it is registered and assigned with a ‘Wai’ number.
• All persons with an interest in the claim are notified (for example other claimants in the same area, government departments, Crown agencies).
• Research into the claim is commissioned either by the Waitangi Tribunal, claimants, or the Crown.
• A Tribunal is constituted, typically comprising between three and five members, to hear the claim.
• Hearings are held so that the Tribunal can hear evidence from claimants and the Crown.

Once a hearing is completed, the Tribunal will issue a report with its findings, after which the claimants and Crown will consider their response.