Waitangi Tribunal review to kick off this year, Government confirms, Act calls it ‘activist'
The coalition agreement between National and New Zealand First promises the Government will amend the legislation 'to refocus the scope, purpose and nature' of the tribunal's inquiries 'back to the original intent of the legislation'.
NZ First's Shane Jones has been among those vocal in opposition to some conduct by the tribunal. Last April, he said it was overstepping its mandate in summonsing a minister to appear before it. The Prime Minister later reprimanded him and Seymour for comments they made.
In his statement on Friday, Potaka said reviewing the legislation would ensure the tribunal is best placed to continue serving the interests of Māori and all New Zealanders.
Engagement is expected to begin in the middle of the year, with advice provided to ministers by September. Legislative proposals are intended to be introduced before the end of the 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.
'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.'
He said the review would make sure 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'.
Criticisms of the tribunal have included that it has stepped beyond its brief with some of its inquiries. The tribunal has reported on a large number of government policies since the formation of the current coalition, ranging from the Treaty Principles Bill to changes to the Oranga Tamariki Act.
Potaka said an Independent Technical Advisory Group (ITAG) would lead the review, supported by Te Puni Kōkiri. It 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 review will consider whether the legislation provides clarity around the Tribunal's jurisdiction, how different types of claims are managed, and how the Treaty of Waitangi Act aligns with other legislation, Potaka said.
'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,' Potaka said.
'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.'
Seymour welcomed the announcement, saying it was 'time to put the tribunal in its place'.
'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," Seymour said.
That bill, which was voted down last month by all parties but Act, would have laid out in law what the principles of the Treaty are to provide clarity within legislation that reference them.
Seymour repeated on Friday that there needed to be a definition in law '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.'
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