Review Seeks To Improve Waitangi Tribunal

  • Hon Tama Potaka

Reviewing the Treaty of Waitangi Act 1975 will ensure the Waitangi Tribunal is best placed to continue serving the interests of Māori and all New Zealanders into the future, Māori Development Minister Tama Potaka says.

The New Zealand First and National Party coalition agreement includes a commitment to refocus the scope, purpose, and nature of the Tribunal's inquiries back to its original intent.

"Over the past 50 years, the Tribunal has made significant contributions to the Māori Crown relationship and informed the settlement of both historical and contemporary Treaty claims impacting generations of whānau across the country.

"Given the progress of historical claims and settlements and concerns about the Tribunal's current workload, it is timely to review the legislation that determines how it undertakes its inquiries.

"A review of the Treaty of Waitangi Act 1975 will ensure the Tribunal continues to effectively meet the intent of the legislation - considering claims relating to breaches of Te Tiriti o Waitangi/The Treaty of Waitangi - and providing timely, well-reasoned findings," Mr Potaka says.

An Independent Technical Advisory Group (ITAG) will lead the review, supported by Te Puni Kōkiri. The review will consider whether the Act provides clarity around the Tribunal's jurisdiction, how different types of claims are managed, and how the legislation aligns with other legislation.

The ITAG will be chaired by legal expert Bruce Gray KC, and will include senior public servant Kararaina Calcott-Cribb, lawyer David Cochrane, and respected Māori leader Dion Tuuta.

"The ITAG will engage directly with peak Māori and Iwi entities, Treaty law experts, and current and former Tribunal members to ensure that the right voices and perspectives are reflected in the recommendations they provide to ministers at the end of their review," says Mr Potaka.

"The review will ensure the Waitangi Tribunal remains focused, relevant, effective and fit for purpose not just for today, but for the generations to come."

Engagement will begin in mid-2025 and continue throughout the review process. Advice will be provided to ministers, including NZ First Minister Shane Jones, by September 2025, with legislative proposals intended to be introduced before the end of the year.

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