
Waitangi Tribunal review to begin mid-year
A review into the Treaty of Waitangi Act - which established the Waitangi Tribunal - will begin in the middle of the year, the Government confirmed today.
The review was part of the coalition agreement between National and New Zealand First, which included a commitment to "amend the Waitangi Tribunal legislation to refocus the scope, purpose, and nature of its inquiries back to the original intent of that legislation".
Māori Development Minister Tama Potaka said today a review of the Treaty of Waitangi Act 1975 was "timely" given the "progress of historical claims and settlements and concerns about the Tribunal's current workload".
An Independent Technical Advisory Group, chaired by legal expert Bruce Grey KC, would lead the review with support from Te Puni Kōkiri.
The review would consider whether the Treaty of Waitangi Act provided clarity around the extent of the Tribunal's jurisdiction, how different types of claims are managed, and how the legislation aligns with other legislation.
Joining Grey as part of the advisory group would be senior public servant Kararaina Calcott-Cribb, lawyer David Cochrane, and respected Māori leader Dion Tuuta.
The group would engage directly with peak Māori and Iwi entities, Treaty law experts, and current and former Tribunal members.
Potaka said this would ensure that "the right voices and perspectives are reflected in the recommendations they provide to ministers at the end of their review".
Engagement would begin midway through this year and continue throughout the review process.
Advice would also be provided to ministers, including NZ First Minister Shane Jones, by September 2025.
Legislative proposals were intended to be introduced by the end of this year.
'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," Potaka said.
'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."
'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.'
ACT leader David Seymour supported the review. He said the tribunal had "gone well beyond its brief" and become "increasingly activist".
'It's tried to become a source of authority in its own right and appears to regard itself as a parallel government that can intervene in the democratically elected Government's policymaking process, like during the Treaty Principles Bill debate.
'It's time to put the Tribunal in its place.
'We also need to define in law what the Treaty principles mean so that the Treaty is interpreted and applied in a manner that reflects what it actually says: all New Zealanders have the same rights and duties.
"The Tribunal's recent conduct is one reason why we need the Treaty Principles Bill. While some politicians weren't ready for that debate, ACT will continue pushing for all New Zealanders to be equal before the law, not a partnership between races.'
Seymour's controversial Treaty Principles Bill, which was voted down last month, was a bid to clarify and define the principles of the Treaty.
Jones said "we are not going to have unelected, irresponsible and quite frankly, people who have decided to wander and explore well beyond the original writ of the Waitangi Tribunal.
"So stand by, it's going to be reviewed, legislation is going to be developed before the next election. The Waitangi Tribunal is going to be made match fit, but not for the pursuits that the current leadership and echo chamber around the Tribunal believe it should do."
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