The coalition agreement between National and NZ First promises the Government will amend the Treaty of Waitangi Act 1975. Photo / Michael Cunningham
The coalition agreement between National and NZ First promises the Government will amend the Treaty of Waitangi Act 1975. Photo / Michael Cunningham
The Government will review the Treaty of Waitangi Act 1975 to ensure the Waitangi Tribunal remains effective and relevant.
Act and NZ First have criticised the tribunal’s conduct, claiming it has overstepped its mandate.
The review will be led by an Independent Technical Advisory Group, with proposals expected by year’s end.
The Government has confirmed a review of the Treaty of Waitangi Act 1975, which established the Waitangi Tribunal, will begin shortly.
The review was announced on Friday by Māori Development Minister Tama Potaka, who said it would ensure the tribunal “remains focused, relevant, effective and fit for purpose”.
Hisremarks didn’t include any direct criticisms of the tribunal, but statements released by Act and New Zealand First made clear their views on the body’s recent conduct.
“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,” Act leader David Seymour said.
NZ First‘s spokesman for Māori Affairs, Shane Jones, on Friday told the Herald the tribunal needed a “statutory haircut”.
“After 50 years, the tribunal has gone off script, pursuing ideological fantasy instead of what it was created to do – consider claims relating to breaches of the Treaty of Waitangi.”
NZ First MP Shane Jones has been vocal with some criticisms. Photo / Mark Mitchell
The coalition agreement between National and NZ 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”.
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.”
Jones welcomed the move on Friday, saying NZ First intended to bring the tribunal “back to its original intent”. He said this was a practical commitment “that will reverse the erosion of the principle of equal citizenship”.
“My party welcomes the members of the ITAG and wishes them the best as they undertake this critical piece of work,” said Jones.
Act Party leader David Seymour welcomed the announcement. Photo / Alex Burton
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 references 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.”
Labour said it was “completely unnecessary and in bad faith”.
“It is extremely bad faith to conduct a review, right when the Waitangi Tribunal is conducting urgent inquiries into the actions of this Government,” said Māori development spokesman Willie Jackson.
He said the review would distract from the tribunal’s work.
“You have to be sceptical of a Government which continually undermines the tribunal and then launches a review of it. This will only erode the Māori-Crown relationship even further.”
The Green Party referred to the review as an “attack on the tribunal” and a “disgrace”.
“Across this term, we have seen the actions of this Government trigger a record amount of urgent claims with the Waitangi Tribunal,” said the Greens’ Māori development spokeswoman Hūhana Lyndon.
“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.”
Te Pāti Māori said it was “absolutely disgusted” by the announcement.
“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,” said MP Takuta Ferris.
“Let’s not forget Te Tiriti is the very agreement that gave the Crown its legitimacy to exist in the first place.
“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.”
Jamie Ensor is a political reporter in the NZ Herald press gallery team based at Parliament. He was previously a TV reporter and digital producer in the Newshub press gallery office.
