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In 1993, Sandra Lee and Tuhuru Tainui lodged a claim for themselves and the rangatira Tuhuru and his descendants which endeavoured to establish that a grievance would be caused by the passing of the proposed Ngai Tahu Bill.

In 1992, Hariata Gordon lodged a claim on behalf of herself and Ngati Paoa which concerned the appointment of members to the Treaty of Waitangi Fisheries Commission under the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992. The claim alleged that Ngati Paoa, and others that joined the claim, were prejudicially affected by the consultation proposals in the 1992 Act and by a proposed policy of the Minister of Māori Affairs not to consult collectively at a hui, and that the Act and the policy were to that extent inconsistent with the Treaty of Waitangi.

The Tribunal, comprised of Chief Judge Eddie Durie (presiding), Bishop Manuhuia Bennett, and Mary Boyd, recommended that a hui be called, and considered it within the competence of the Ministry of Māori Development for it to call one. They recommended that the hui be directed first to the criteria for appointment and then to the selection of possible candidates.