lecture 18: the waitangi tribunal

Question 1

What are the pros and cons of the Waitangi Tribunal?

Answer 1

pros:
- enables extensive research to be carried out to provide an historical account of the claim
- also includes the consideration of the claimants relationhsip with other hapy and iwi in the claim area
- Parliament provided a legal process by which Māori Treaty claims could be investigated

cons:
- the findings are not binding
- cant comment on matters before parliament

Question 2

What is the purpose of the Waitangi Tribunal and what outcomes can it provide
for Māori claimant groups?

Answer 2

primary purpose:
- to receive, report and recommend on alleged crown breaches of the principles of the treaty of waitangi
- once the tribunal has heard the claim that has been brought by a maori goup, the tribunal will produce a reprort for the government to consider
- the tribunal can generally only make non binding rather than binding recommendations to the crown on redress for what it considers to be valid claims

Question 3

When was the Waitangi Tribunal established and what claims did it initially allow
for? How did the 1985 amendment to the Treaty of Waitangi Act in impact this?

Answer 3

• established in 1975, as an independent and impartial permanent commission of inquiry
  Initially:
• could only hear claims based on crown acts or omissions dating from 1975
  After 1985:
• when the treaty of waitangi act 1975 was amended that the tribunal could hear claims of crown breaches dating back to 6 february 1840
  historical claims= district inquiries

Question 4

Define a Treaty settlement.

Answer 4

agreed historical account, crown acknowledgements of treaty breach and a crown apology

Question 5

When was the Tribunal established?

Answer 5

1975

Question 6

Why was the Tribunal established and by
whom?

Answer 6

• consists of a chairperson, maori land court judges and other notable appointed persons
• established by matiu Rata

Question 7

What is the role of the Tribunal?

Answer 7

tribunals are independent judicial bodies that resolve disputes over facts and law, and assess specific cases

Question 8

What benefits and challenges do Māori
claimants experience as a result of the
Tribunal process?

Answer 8

• the tribunals establishment signified the crowns acceptance that the historical grievances of maori about crown actions that harmed whanau, hapu and iwi are real
• the tribunal does not always agree with maori claimants, including those who file urgent inquiries

Question 9

What outcomes can the Tribunal offer and
are they effective for Māori?

Answer 9

–> district settlements
- begin with extensive crown apologies
- all settlement statutes then proceed to outline a process for financial and commercial redress and cultural redress recognising the claimant groups spiritual, cultural, historical and traditional associations with lands and waters
- many of the settlements have created novel redress mechanisms

–> collective settlements
- some significant settlements have been made between the crown and either a collective of iwi or maori nationally