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Review into Waitangi Tribunal

Review into Waitangi Tribunal

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.

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Press Release – Science Media Centre The government is asking for public feedback on proposed changes to how we can create more housing in Aotearoa, such as 'granny flats' in backyards and papakāinga on Māori ancestral land. Proposed National Environmental Standards (NES) for granny flats would require all councils to permit a granny flat of up to 70 m2 on an existing property without needing to get a resource consent, subject to certain conditions. The new NES for papakāinga would create uniform standards across the motu, and would allow Māori landowners to build up to 10 homes for small papakāinga without needing a resource consent. Submissions on these and many other proposed changes to the Resource Management Act are open until Sunday, 27 July. The SMC asked experts to comment. 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Bill McKay, Senior Lecturer, School of Architecture and Planning, University of Auckland, comments: Granny Flats 'Granny flats are additional, detached 'minor residential units' on a property with an existing family home. The size limit of 70m2 will enable two bedrooms plus living area, kitchen, bathroom etc. They can be self-contained in contrast with 'sleep outs' which don't have kitchens or bathrooms. The government consultation received a lot of supportive public feedback from the public, not so councils. 'This policy will introduce consistency as the rules currently vary across many councils. It won't solve the housing crisis but it will allow families more flexibility to solve their own housing issues. Granny flats aren't just for grandparents, they can be for young adults as well. They can improve accommodation for intergenerational living. Or they could be rentals to improve family income. 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Conflict of interest statement: 'Not a conflict, but I have a background in policy advocacy and have provided policy advice to government and political parties and provided expert commentary both in an independent capacity and in a previous role for Te Matapihi he Tirohanga mō te Iwi Trust, an independent national Māori housing advocacy organisation.' Dr Timothy Welch, Senior Lecturer in Urban Planning, University of Auckland, comments: Note: Dr Welch also recently wrote an in-depth piece on this topic for The Conversation. 'While New Zealand's granny flat exemption removes important regulatory barriers, we need to be honest about its limitations. Adding 13,000 small units over a decade – just 2.6% more housing supply – won't solve a crisis of this magnitude. With construction costs reaching $300,000, these units primarily benefit existing property owners who can access capital, not the young families and essential workers most in need of affordable housing. 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The proposal is to allow them without resource consent (council planning permission) or building consent, but the devil will be in the detail: They need to comply with the Building Code, how will this be ensured without building consent or inspections? Councils will want records of what is built for their statutory requirements such as property files and Land Information Memorandum. Councils will want to know what plumbing and drainage is connected to the systems they maintain. These issues explain why a detailed proposal and legislation are yet to appear.' Papakāinga 'To do a granny flat / minor dwelling unit you need land with a family home on it already. A lot of public feedback on the granny flats proposal, particularly from Māori, focused on the desire to do small houses as of right on 'empty' land. As a result, the government has now proposed papakāinga. What's a papakāinga? Basically a small group of housing where mostly related people live together. So this proposal will allow as of right up to 10 homes on Māori or Treaty settlement land. You can build on up to 50% of the land and you can also have non-residential activity: 100m2 of commercial, accommodation for eight guests, educational and health facilities, sports and recreation activities, marae, urupā, food gardens and so on. And if you want more housing than 10 homes, that's 'restricted discretionary' meaning you will need to apply for resource consent / planning permission from your council. Just a proposal at the moment, open for consultation. 'I commend this as giving power / opportunity to Māori. A few centuries of Pākehā patronage hasn't really worked out for them so this papakāinga proposal can allow some self-determination. It hasn't got much publicity so I would encourage people to get in there and support it. And the success of this can open the door for others to build small homes on chunks of land, whether individually, such as tiny homes, or collectively such as co-housing groups or community housing providers.'

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