Tribunals

Question 1

Waitangi tribunal

Answer 1

Created under TOW act 1975

Question 2

Bindingness

Answer 2

All tribunal can do is issue recommendations, it is not binding (unless for clawback scheme)

Question 3

Jurisdiction/remedies

Answer 3

Have a broader jurisdiction but limited remedies.

Cannot make recommendations about things that have already been the subject matter of prior settlements
Waitangi tribunal is an example of an Commission of inquiry

Question 4

Section 5

Answer 4

what they can do

Inquire and make recommendations on well-founded claims

Examine and report on proposed legislation

Question 5

Section 6

Answer 5

who can bring a claim

Maori prejudicially affected by any act, order, policy done since 1840 which is inconsistent with the treaty. S6(2)- tribunal must inquire

Question 6

Section 6(AA)

Answer 6

-now only deals with contemporary claims from 1992

Question 7

Section 7

Answer 7

• does not look into trivial, frivolous or vexatious claims

Question 8

Other commissions of inquiry

Answer 8

Used to investigate systemic problems
Different types
Royal commission
Public inquiries
Government inquires