The Waitangi Tribunal is a permanent commission of inquiry established by the Treaty of Waitangi Act 1975 (TOWA), which operates under the TOWA and the Commissions of Inquiry Act 1908. The TOWA provides for both a Chairperson (who shall also be a member) and between two and 20 other members of the Tribunal.[1]
The Chairperson of the Tribunal must be either a Judge (or retired Judge) of the High Court, or the Chief Judge of the Māori Land Court.[2] The Chairperson can be appointed for up to five years, and may from time to time be reappointed.[3] Chief Judge Dr Caren Fox is the current Chairperson and was appointed to the role for a five-year term in July 2023.
All other members of the Tribunal can be appointed for a term of up to three years and may also from time to time be reappointed. These members are appointed under warrants issued by the Governor-General, following a recommendation from the Minister of Māori Affairs. The recommendation from the Minister of Māori Affairs will follow consultation with the Minister of Justice.[4]
As the need arises, Tribunal members are assigned to panels that have been convened to hear and report on a claim or set of claims (inquiries). Inquiry panels are chaired by a Presiding Officer. The Chairperson may be the Presiding Officer; or the Chairperson may appoint as Presiding Officer either a Judge of the Māori Land Court, or a Tribunal member with at least seven years standing as a barrister and solicitor of the High Court.[5]
Current Tribunal Members
Eight new members, five reappointed members, and seven continuing members constitute the 20-strong current membership of the Waitangi Tribunal.
New members
Following the expiry of a number of panel member warrants across 2024, the Minister for Māori Development, Minister Tama Potaka, recently announced the following appointments and reappointments under the Act.[6]
Eight new members are appointed for a three-year term:
- Mr Tipene Chrisp;
- Mr Philip Crump;
- Ms Vanessa Eparaima;
- Mr Rex Edward Hale;
- Mr Grant Hadfield;
- Mr Kingi Kiriona;
- The Hon. Ron Mark; and
- Prof. Tafaoimalo Tologata Leilani Tuala-Warren.
Reappointed members
Five members are reappointed (also for a three-year term):
- Dr Ruakere Hond;
- Mr Derek Fox;
- Ms Kim Ngarimu;
- Dr Hana O’Regan; and
- Prof. Sir Pou Temara.
Chairperson Chief Judge Dr Fox extends her congratulations to all appointed and reappointed members.
Continuing members
In addition to these 13 member appointments and reappointments, a further seven Tribunal members continue to hold current warrants:
- Mr Basil Morrison;
- Prof. Susy Frankel;
- Dr Paul Hamer;
- Mr Kevin Prime;
- Prof. Emeritus David Williams;
- Mr Ken Williamson; and
- The Hon. Richard Prebble.
Tribunal members with expired warrants (not reappointed)
These panel member changes come at the expiry and completion of the active warrants on 14 December 2024 of the following panel members:
- Prof. Rawinia Higgins;
- Ms Prue Kapua;
- Prof. Tom Roa;
- Ms Tania Simpson;
- Prof. Linda Tuhiwai Smith;
- Dr Monty Soutar;
- Mr Ron Crosby;
- Dr Robyn Anderson; and
- Mr Herewini Te Koha.
Alongside Dr Ann Parsonson and Dr Grant Phillipson, whose Tribunal warrants expired in 2021 and May 2024 respectively, these members will continue to serve on the inquiry panels to which they are currently appointed through to the completion of those inquiries.[7] Further information about which inquiries Tribunal members are currently serving on can be found here.
Chief Judge Dr Fox extends her thanks to these members, for their contributions and commitment to the work of the Waitangi Tribunal.
For all media inquiries, please contact the Ministry of Justice Media Team media@justice.govt.nz or phone (04) 918 8836.