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.
NZ First and National Party coalition agreement includes a commitment to refocus the scope of the tribunal set up in 1974. (Source: 1News)
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.”
Seymour backs review
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.”
Review is in ‘bad faith’ – Labour
Labour Māori development spokesperson Willie Jackson said the review of the act was “completely unnecessary”.
“It’s extremely bad faith to conduct a review, right when the Waitangi Tribunal is conducting urgent inquiries into the actions of this Government.”
“Just last week, a scathing review by the Auditor-General gave government departments a year to improve their performance in meeting their obligations to iwi and hapu, advising that the Government faces a greater risk of legal action because they have failed to fulfill Treaty settlements.
“Instead of acknowledging what could be a huge upcoming fiscal cost to the Crown, and making changes, the Government is instead reviewing the Waitangi Tribunal’s role. The Government has also passed 20 pieces of legislation since coming to power undermining Te Tiriti o Waitangi, and the Tribunal’s role.”
‘An attack on Te Tiriti’ – Greens
Green Party Māori development spokesperson Hūhana Lyndon said the review was “nothing more than an attempt to limit the accountability the Government has to Te Tiriti o Waitangi”.
“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.”
Lyndon said Te Tiriti o Waitangi “provides a place for us all in Aotearoa” and a “layer of a protection for our people and our lands”.
“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.”
An effort to ‘erase our voices’ – Te Pāti Māori
Te Pāti Māori spokesperson for Te Tiriti o Waitangi and MP for Te Tai Tonga, Tākuta Ferris, said the tribunal was one of the few instruments available to Māori to seek redress for breaches of Te Tiriti.
“The mere suggestion that the Act and the Tribunal should be reviewed signals this Government’s belief that the Crown alone should define the meaning, relevance, and limits of Te Tiriti,”
“Make no mistake, this review is a continuation of efforts to erase our voices and control the narrative of our dispossession, for the economic benefit of those who desecrate our people and our whenua.”