The Waitangi Tribunal

Nau Mai, Haere Mai
Homepage Pou

Te Rōpū Whakamana i te Tiriti o Waitangi

Ko te Rōpū Whakamana i Te Tiriti o Waitangi he kōmihana ruku tātari. Ka tuku tūtohutanga mō ngā kerēme i tukuna mai e ngāi Māori e pā ana ki te ture, ngā kaupapahere, ngā mahi a te Karauna, ngā hapanga rānei, e whakapaetia ana i takahi i ngā kī taurangi i roto i te Tiriti o Waitangi.

POPULAR DOWNLOADS

Ngā Mātāpono/The Principles

Treaty Principles Report

Interim Report on the Crown’s Treaty Principles Bill and Treaty Clause Review Policies

Go to Ngā Mātāpono/The Principles

He Whakaputanga me te Tiriti

The Declaration and the Treaty

Report on Stage 1 of Te Paparahi o Te Raki Inquiry

Go to He Whakaputanga me te Tiriti

Hauora: Report on Stage One

Health Services and Outcomes Kaupapa Inquiry

Go to Hauora: Report on Stage One

Ko Aotearoa Tēnei

Wai 262

Report into claims concerning New Zealand law and policy affecting Māori culture and identity

Go to Ko Aotearoa Tēnei

Mana Wāhine Kaupapa Inquiry

Ka rongo Te Ruku Tātari ā-Kaupapa Mana Wāhine i ngā kerēme katoa e toe ana ka whakapae i te whakahāweatanga ki ngā wāhine Māori hei hua o ngā takahi a te Karauna i te tiriti.

Hei pānui atu anō

Ngā nohoanga me ngā kaupapa e tū mai ana

5
Rangi
2024
-
6
National Freshwater and Geothermal Resources
WAI: 2358
Kaupapa
Hearing
Kaiwhakawā
Isaac
Wāhi
Wellington

Rārangi Wā

Nuku 1975
Treaty of Waitangi Act 1975 passed
Hei pānui atu anō
1985
Tribunal gains retrospective jurisdiction to inquire into events back to 1840
1986
Te Reo Māori Claim Report
1987
1987 Lands Case
1996
Beginning of district inquiries
2015
Kaupapa inquiries commence
2030
Report Handover

NGĀ HOPUKANGA ONĀIANEI

Te Kete Pūputu - Online Launch
KUA HOPUKINA: 06 Haratua 2024
WAI: 2700
Kaupapa
Te Kete Pūputu Online Launch
Kaiwhakawā
Reeves
Wāhi
Online
Go to Te Kete Pūputu - Online Launch
Ngā hopu reo katoa

Ngā nohoanga me ngā kaupapa e tū mai ana

18
Rangi
2024
-
22
North-Eastern Bay of Plenty
WAI: 1750
Kaupapa
Hearing
Kaiwhakawā
Doogan
Wāhi
Wellington
Go to North-Eastern Bay of Plenty
25
Rangi
2024
-
29
Climate Change Priority Inquiry
WAI: 3325
Kaupapa
Kaiwhakawā
Milroy
Wāhi
Online
Go to Climate Change Priority Inquiry
2
Haki
2024
-
6
Health Services and Outcomes
WAI: 2575
Kaupapa
Hearing
Kaiwhakawā
Stone
Wāhi
Te Rauparaha Arena; Porirua
Go to Health Services and Outcomes

Ngā Pūrongo me ngā Pānui o Nāīanei

Wai 3300 Ch6
Report

Ngā Mātāpono/The Principles: Part II of the Interim Report

Wai 3300 - Tomokia ngā tatau o Matangireia - the Constitutional Kaupapa Inquiry

On Tuesday 5 November 2024, the Waitangi Tribunal released Ngā Mātāpono/The Principles: Part II of the Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry Panel on The Crown’s Treaty Principles Bill and Treaty Clause Review Policies in pre-publication format.

This updated report responds to further evidence provided to the Tribunal on the policy development process for the proposed Treaty Principles Bill since May 2024, including the Cabinet paper on the proposed Bill.

The earlier findings and recommendations in the Tribunal’s initial interim report have not changed. Rather, this updated report consists of an additional chapter (chapter 6) that makes further findings on these specific matters.

Regarding the Crown’s policy development for the Bill, the Tribunal found the Crown’s process to develop the Bill has purposefully excluded any consultation with Māori, breaching the principle of partnership, the Crown’s good-faith obligations, and the Crown’s duty to actively protect Māori rights and interests. The Tribunal also found this policy process to be in breach of the principle of good government, as Cabinet has decided to progress the Bill despite it being a policy that is not evidence-based, has not been adequately tested, has not been consulted upon, and fails regulatory standards.

The Tribunal analysed how the proposed content of the Bill does not reflect the texts or meaning of the Treaty/te Tiriti. The Tribunal commented that Principle 1 misinterprets the kāwanatanga granted to the Crown in 1840, which is not an unbridled power restrained only by its own sense of what is in the best interests of everyone. Cabinet’s approval of Principle 2 for introduction in a Bill was found to be a breach of the principles of tino rangatiratanga, kāwanatanga, partnership, and active protection. The Tribunal commented that Principle 2, if enacted, would revoke the promises and guarantees the Queen made to Māori in 1840. The Tribunal held that Principle 3 bears no resemblance to the meaning of article 3 and that Cabinet’s decision to introduce the principle in a Bill was a breach of the Treaty/te Tiriti principles of partnership, equity, and active protection. 

The Tribunal found that these breaches caused significant prejudice to Māori. The Tribunal found that Māori would be particularly prejudiced by the extinguishment of tino rangatiratanga in a legal sense if the Bill were to be enacted. Among other effects, the new principles would apply to all legislation where the Treaty/te Tiriti might be considered relevant. The Tribunal also found that the new principles would advance the discredited agenda of assimilation, as they are designed to end the distinct status of Māori as the indigenous people of this country. The Tribunal commented that, even if the Bill were not enacted, Cabinet’s decision to introduce the Bill would prejudice Māori by further damaging the Māori–Crown relationship. Māori would also feel the brunt of the social disorder and division caused by the introduction of the Bill, including through the select committee process.

The Tribunal confirmed its previous recommendation that the Bill be abandoned. If the Government does not abandon the Bill, the Tribunal recommended that, given the constitutional significance of the issue, the Bill be referred to the Tribunal under section 8(2) of the Treaty of Waitangi Act 1975.

The Tribunal reserved its jurisdiction to hear further evidence and submissions concerning the Bill, should it be enacted.

 

06 Nov 2024
Rahinga: 6.04MB
Wai 3400 PP
Report

The Takutai Moana Act 2011 Urgent Inquiry Stage 1 Report

The Marine and Coastal Area (Takutai Moana) Act Coalition Changes Urgent Inquiry

On 13 September 2024, the Waitangi Tribunal released The Takutai Moana Act 2011 Urgent Inquiry Stage 1 Report (Wai 3400). The inquiry was granted urgency in the Waitangi Tribunal’s inquiry programme. The hearing was held in August 2024.

The Tribunal panel comprised Judge Miharo Armstrong (presiding), Ron Crosby, Professor Rawinia Higgins, and Tā Pou Temara. The report was the first report in a two-stage inquiry. This first stage considered the Treaty compliance of the policy development process that the Government followed in seeking to amend the Takutai Moana Act 2011, along with the proposed amendments, and whether these caused prejudice to Māori. The second stage will address the alleged mismanagement of funding for applications for customary marine title under the Act.

Overall, the Tribunal found that the Crown’s actions are such a gross breach of the Treaty that it is an illegitimate exercise of kāwanatanga. The Tribunal cautioned the Crown that, on the strength of the evidence it received, to proceed now on its current course would significantly endanger the Māori–Crown relationship.

To give effect to Treaty principles, the Tribunal recommended that:

  • the Crown halt its current efforts to amend the Takutai Moana Act;
  • the Crown make a genuine effort for meaningful engagement with Māori; and
  • the focus of this engagement should be on the perceived issues of permissions for resource consents, rather than interrupting the process of awarding customary marine title.

The Tribunal emphasised that the recommendations should be implemented to restore a fair and reasonable balance between Māori interests and those of the public in te takutai moana.

 

12 Sep 2024
Rahinga: 2.02MB
Wai 3300 PP
Report

Ngā Mātāpono/The Principles

Wai 3300 - Tomokia ngā tatau o Matangireia - the Constitutional Kaupapa Inquiry

This report currently has no report summary.
15 Aug 2024
Rahinga: 6.59MB

Tribunal
News

Tribunal releases chapter 6 of the report Ngā Mātāpono/The Principles

6 Rangi 2024 10:26 AM
On 6 November 2024, the Waitangi Tribunal released chapter 6 of its report Ngā Mātāpono/The Principles
Pānuihia te pito kōrero

Waitangi Tribunal launches refreshed website

26 Mahu 2024 8:08 AM
Today the Waitangi Tribunal launched its refreshed website. It now also features a language-toggle component for the website to be accessible in te reo Māori.
Pānuihia te pito kōrero