Govt announces review into Waitangi Tribunal

Otago Daily Times

09-05-2025

The government says it will launch a review into the Waitangi Tribunal to refocus the "scope, purpose and nature" of the Tribunal's inquiries back to its "original intent".
The review is part of the coalition agreement between New Zealand First and National and will be lead by an Independent Technical Advisory Group (ITAG), supported by Te Puni Kōkiri.
The Waitangi Tribunal was established in 1975 to investigate breaches of the Treaty of Waitangi, originally it could only hear claims about current government actions but in 1985 Parliament allowed the Tribunal to investigate events dating back to 1840.
Māori Development Minister Tama Potaka said given the progress of historical claims and settlements and concerns around the Tribunal's workload, a review into the legislation that determines its inquiries was "timely".
The Tribunal has accepted seven urgent inquiries into government policies since the coalition was elected.
"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 ITAG will be chaired by legal expert Bruce Gray KC and include senior public servant Kararaina Calcott-Cribb, lawyer David Cochrane, and Māori leader Dion Tuuta and is tasked with looking at whether the 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 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." Potaka said. 'Increasingly activist' - Seymour welcomes review
In a media release, Act leader David Seymour welcomed the review.
"Act supports the completion of full and final historic Treaty settlements as a pragmatic way to resolve past injustices, but the Waitangi Tribunal has gone well beyond its brief and has 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."
He said it was time to put the Tribunal "in its place".
Engagement will begin in mid-2025 and advice will be provided to ministers, including Shane Jones, by September.
Proposals are intended to be introduced before the end of the year.