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The Spinoff
13-05-2025
- Politics
- The Spinoff
A quick guide to the who, how and why of the Waitangi Tribunal review
National's coalition agreement with NZ First promised the Waitangi Tribunal would be 'refocused', and now the government has announced a review. Why are we doing this, and who's leading the mahi? At the deadest dead point of the weekly news cycle, a Friday afternoon, Māori development minister Tama Potaka announced a review of the Treaty of Waitangi Act 1975, which established the Waitangi Tribunal. The review, he said, would ensure the tribunal 'continues to effectively meet the intent of the legislation' and 'remains focused, relevant, effective and fit for purpose not just for today, but for the generations to come'. Potaka's press release was markedly neutral in tone, but did reference a commitment in National's coalition agreement with NZ First 'to refocus the scope, purpose, and nature of the Tribunal's inquiries back to its original intent'. Coalition partner and Act leader David Seymour took a different tone in sharing the news, posting on social media that the review would 'reign in' the 'increasingly activist' tribunal and 'put it in its place'. NZ First's Shane Jones, meanwhile, said the review meant it was time for the tribunal to 'take a statutory haircut' and stop 'straying off script, pursuing ideological fancies such as parallel sovereignty'. What does the Waitangi Tribunal even do? As Treaty scholar Carwyn Jones wrote for The Spinoff last year, 'The Waitangi Tribunal was established as a commission of inquiry by the Treaty of Waitangi Act 1975. It inquires into claims of breaches of the principles of the Treaty, makes findings as to whether Crown actions are consistent with the principles of the Treaty and makes recommendations to the Crown for the practical application of those principles.' Its recommendations are not binding. For the first decade of its existence, the tribunal could only examine actions taken by the Crown (or continuing) after the act came into force, ie from 1975 onwards. Amendments to the act in 1985 allowed the tribunal to inquire into claims relating to Crown actions going back to the signing of te Tiriti in 1840. In October, the tribunal will mark its 50th birthday. More than 3,370 claims have been filed with the tribunal since its inception in 1975, with 130 of these completed, and around 2,160 are still to be processed, according to Te Ao Māori News. The coalition agreement talks about 'refocusing' the tribunal 'back to its original intent'. What does that mean? There hasn't been much clarity from those in government on that, but the biggest proponents of the review, such as Seymour and Shane Jones, have been particularly critical of the tribunal's inquiries into contemporary policies such as the repeal of section 7AA of the Oranga Tamariki Act. Academics like Carwyn Jones and historian Vincent O'Malley point out that before 1985, contemporary policies were the focus of the tribuna. 'The tribunal's original jurisdiction was specifically focused on contemporary law, policy and practice,' wrote Jones. Potaka has insisted the review will be carried out with ' no predetermined outcomes '. What are the arguments in support of reviewing the tribunal? Who else has called for one? During his Monday post-cabinet press conference, the prime minister said a review of the tribunal was needed in a 'post-settlement world'. 'Irrespective of where you sit and what your views are [of the tribunal], commentators on all sides would acknowledge that in a post-Treaty settlement world, it's quite right that we actually look to define what the role of the Waitangi Tribunal is or isn't,' he told reporters. 'That's a legitimate question that, as I've said from the beginning, is something we want to look at.' Meanwhile, Luxon's Labour counterpart Chris Hipkins said the review wouldn't be able to 'do right by the tribunal' as he believed the government itself had failed to understand its history. On Tuesday morning, Labour's Māori development spokesperson Willie Jackson said the tribunal review was another attempt at 'Māori bashing' by the government. The Greens have called it a 'disgrace' and Te Pāti Māori said the review was 'a deliberate and dangerous escalation in [the government's ongoing campaign to undermine Te Tiriti o Waitangi and silence tangata whenua'. The need for a new strategic direction was called for in the tribunal's 2023-2024 annual report, which set up an internal review panel. The panel identified three strategic goals (in order of importance): streamlining the urgent inquiry process, standardisation and innovation for kaupapa inquiries and addressing resourcing concerns. Former National MP and Treaty negotiations minister Chris Finlayson, who recently represented Ngāi Tahu in the High Court and Te Pāti Māori in the privileges committee, has supported a review, telling Te Ao Māori News one was needed to 'plot the next 50 years with confidence', and that the Crown had been a 'major problem for the durability of Treaty settlements'. How will the review work? An Independent Advisory Technical Group (ITAG), supported by Te Puni Kōkiri, will oversee the review, with engagement between the group and 'peak Māori and iwi entities, Treaty law experts, and current and former tribunal members' to begin in mid-2025, according to Potaka. Advice will be provided to ministers – including NZ First's Shane Jones, who has been critical of the tribunal – by September and legislative proposals are expected to be introduced before the end of the year. The Herald's Audrey Young has suggested this short timeframe means 'it's hard to see how it could be a comprehensive review'. The ITAG is tasked with deciding whether the 1975 Act 'provides clarity' around the tribunal's jurisdiction, how different claims are handled, and how this legislation aligns with other laws. Potaka said the review of the act would 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'. Potaka told The Spinoff the ITAG's chair was already convening with the rest of the panel, and that further information on 'terms of reference' would be released in the coming days. Potaka said he had not spoken to Seymour since his comments on Friday, and was focusing on 'supporting the review'. So, who's on the review panel? Bruce Gray KC will chair the ITAG, and has told Lawnews the review would be approached with an open mind and 'no predetermined outcome'. 'I look forward to a review of the legislation, rather than the tribunal,' Gray said. 'Our review will reflect the views that we form on the way through.' Gray has represented the Anglican church in the abuse in state care inquiry, represented National MPs Anne Tolley and Paula Bennett in Winston Peters' 2021 High Court case over the leaking of his superannuation payments, handled insurance claims around the Christchurch earthquake and has extensive expertise in defamation, civil, criminal and trademark law. A fact sheet from Potaka's office noted Gray also has expertise in Māori development. Lawyer David Cochrane is a former member of the Waitangi Tribunal (2014-2021) and policy adviser for the Parliamentary Counsel, working for nine years across Robert Muldoon and David Lange-led governments. Minister Jones once described Cochrane as 'a paragon in the history of parliamentary drafting and who drafted many a piece of legislation'. Cochrane has experience in drafting Treaty policy and 'bridging legal and kaupapa Māori perspective', according to Potaka's office. He has worked for legal firms Chapman Tripp and Simpson Grierson, and currently runs Cochrane Advisory. Dion Tuuta (Ngāti Mutunga, Ngāti Tama, and Taranaki Iwi) began his career as a Waitangi Tribunal historian, before working as a Treaty negotiator for Ngāti Mutunga. He is currently the chief executive of Te Kotahitanga o Te Ātiawa Trust, and as the current acting chairperson of Te Ohu Kaimoana. Tuuta was recently involved in a High Court case that found the Crown guilty of breaching one of the oldest Treaty settlements by appropriating Māori fishing quota without compensation. Tuuta has been outspoken on climate change, Māori land rights, and post-settlement governance. Kararaina Calcott-Cribb currently works as the deputy chief executive within the Department of the Prime Minister and Cabinet's (DPMC) cyclone recovery unit. Calcott-Cribb has held a number of governmental roles – including deputy of Māori housing at the Ministry for Housing and Urban Development and director of the early learning task force at the Ministry of Education – and top jobs in te ao Māori, such as working as the chief executive officer of Te Kōhanga Reo National Trust. In her time at Te Kōhanga Reo, Calcott-Cribb helped progress the organisation's WAI 2336 claim, which alleged continuous Crown breaches against kōhanga reo over two decades. A bio from Potaka's office notes that Calcott-Cribb 'brings strong Treaty and implementation experience, with deep kaupapa Māori grounding and credibility across iwi and the public sector.' What's been happening with the tribunal lately, and what's ahead until the review comes through? The tribunal has just been getting on with its usual business: processing claims, reviewing the actions of the Crown and its legislation. Today, the commission will conduct an urgent hearing led by Toitū Te Tiriti (and supported by Lady Tureiti Moxon and Te Kōhao Health) into the Regulatory Standards Bill. In late January, a refresh of the tribunal's appointments by Potaka was met with criticism of a 'whitewash' from Te Pāti Māori (the process for tribunal appointments includes an expectation for an equal number Māori and Pākehā members, which the minister had met). One of the most notable appointments, Richard Prebble, left less than six months into his role over concerns that the treaty had become a 'socialist manifesto'.
Scoop
09-05-2025
- Politics
- Scoop
Tribunal Review An Attack On Te Tiriti O Waitangi
The Government's plans to limit the powers and scope of the Waitangi Tribunal is a disgrace. 'This attack on the tribunal is nothing more than an attempt to limit the accountability the Government has to Te Tiriti o Waitangi,' says the Green Party's spokesperson for Māori Development, Hūhana Lyndon. 'The Waitangi Tribunal plays a pivotal role in holding Aotearoa true to its founding agreement. Te Tiriti o Waitangi is something that binds us together in building a future for all of us, it is not something that should be used to drive us apart. 'Across this term, we have seen the actions of this Government trigger a record amount of urgent claims with the Waitangi Tribunal. 'Let's be clear, this is not about improving the Waitangi Tribunal like the Minister says, it is about making it easier to trample all over Te Tiriti and punch down on tangata whenua. 'From the Treaty Principles Bill and undermining marine customary title, to the removal of 7AA from the Oranga Tamariki Act and now this, the assaults and insults to our founding agreement and our people have been relentless from this Government. 'Te Tiriti o Waitangi provides a place for us all in Aotearoa. It provides a layer of protection for our people and our lands. This does not suit the Government's agenda to make the rich richer by allowing big corporations to exploit our people and abuse our environment for profit. 'We know our communities will not stand for this. We saw thousands flood the streets and submit in droves against the Treaty Principles Bill, calling for a country that acknowledges its past and strives for a better future,' says Hūhana Lyndon.
