Statement of the Chairperson of the Waitangi Tribunal
March, 2025
I have received and accepted notice of the resignation of the Honourable Richard Prebble as a member of the Waitangi Tribunal.
The Waitangi Tribunal achieves its important purpose through the dedication and commitment of a diverse range of members who provide wide and extensive experience and knowledge through their membership.
As Chairperson of the Waitangi Tribunal, I expect all members to undertake their own due diligence, to read reports, and understand the Vision, Mission and Purpose of the Waitangi Tribunal before accepting appointment.
In his resignation letter, Mr Prebble said his decision was made after reading the findings of the Tribunal’s various decisions reflected in several reports published before his appointment as a member. In an e-mail to me he cited the released Ngā Mātāpono/The Principles: Interim Report of the Tomokia Ngā Tatau o Matangireia – The Constitutional Kaupapa Inquiry on The Crown’s Treaty Principles Bill and Treaty Clause Review Policies 2024.
The Tribunal panels responsible for these reports are governed by the law, the Treaty of Waitangi Act 1975. They are also accountable to the High Court through the process of judicial review. Neither the Crown, nor claimants have filed judicial proceedings in the High Court.
He also mentioned the review of the Tribunal’s Strategic Direction currently being undertaken by an independent 13-member group, made up of claimants, claimant counsel, former Crown counsel, and Tribunal presiding officers and members. The purpose of the review is to:
- review the Tribunal’s performance under the current Strategic Direction 2014-2025 as updated in 2020
- to advise the Chairperson on the preparation of the Tribunal’s strategic direction for the period 2025-2035
The group has released its draft report, which has been shared with stakeholders for feedback. As the report is in draft and has not been finalised and presented to me as Chairperson or to the Tribunal’s Governance Group, I am unable to comment on it, other than to acknowledge the transparent manner that members of the group have acted to secure the views of stakeholders, of which members of the Tribunal are an important part.
On behalf of the Tribunal, I wish Mr Prebble well for the future and appreciate his thanks “for the professional manner that the Judges, Members and staff have supported” him.
Dr Caren Fox,
Chair of the Waitangi Tribunal
Chief Judge of the Māori Land Court
Timeline
- August 15 2024, the Waitangi Tribunal released Ngā Mātāpono/The Principles: Part I 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.
- September 2024, the Waitangi Tribunal Strategic Direction Review Group was appointed by the Chairperson made up of 13 members comprising claimants, claimant counsel, former Crown counsel, and Tribunal presiding officers and members.
- October 10 2024, the Governor-General signed the warrant of the Hon Richard Prebble appointing him as a member of the Waitangi Tribunal.
- October 17 2024, the Minister of Māori Development Tama Potaka announced the appointment of the Hon Richard Prebble as a member of the Waitangi Tribunal.
- November 5 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.
- December 12 2024, the Waitangi Tribunal Chairperson Dr Caren Fox Chief Judge of the Māori Land Court, the Deputy Chairperson Judge Sarah Reeves along with the Director Steve Gunson and Deputy Director Sandra Edmonds, welcomed the Hon Richard Prebble and his family to the Waitangi Tribunal and conducted a formal induction programme for new members.
- December 19 2024, the Hon Richard Prebble by email wrote to the Chairperson thanking her and indicating a willingness to serve on whichever Tribunal panels she considered appropriate.
- December 19 2024, the Hon Richard Prebble, pursuant to clause 5(1)(b) of Schedule 2 of the Act, was appointed as a member of two Tribunal kaupapa inquiry panels.
- Social Services and Social Development Kaupapa Inquiry; and
- the Natural Resources & Environmental Management Kaupapa Inquiry.
- February 18 2025, the Hon Richard Prebble was sent a copy of the Interim Report of the Strategic Review Group by the Waitangi Tribunal members who are consulting their stakeholder groups on its contents.
- February 28 2025, the Hon Richard Prebble gave notice of his intention to resign as a member of the Waitangi Tribunal.
- March 4 2025, the Hon Richard Prebble tendered his resignation to the Minister of Māori Development.
About the Waitangi Tribunal
The Waitangi Tribunal is a standing commission of inquiry. It makes recommendations on claims brought by Māori relating to legislation, policies, actions or omissions of the Crown that are alleged to breach the promises made in the Treaty of Waitangi.
A commission of inquiry is a group of people who are appointed to investigate a matter of public importance.
Our Vision
The vision of the Waitangi Tribunal is that the Crown and Māori, reconciled in the spirit of the principles of the Treaty of Waitangi/Te Tiriti o Waitangi will be empowered to join in creating a better future for all New Zealanders. This vision is expressed in the whakataukī of the Waitangi Tribunal:
Transitioning from our past to a new future
Tākiri te haeata, ka ao, ka awatea, horahia mai ko te ao mārama
Dawn breaks, comes the daylight and the world is aglow with brilliant light
Mission
The Waitangi Tribunal's mission is to uphold the principles of the Treaty/Te Tiriti. It does so by serving as the primary forum for hearing and reporting on Māori claims against the Crown alleging breaches of the Treaty, offering a 'truth and reconciliation' process and impartial findings on claims.
Tribunal Members
The Waitangi Tribunal has up to 20 members. They are appointed by the Governor-General on the recommendation of the Minister for Māori Development. Members come from all walks of life and are appointed for their expertise in the matters that are likely to come before them. About half the members are Māori and half are Pākehā.
The Chairperson of the Waitangi Tribunal is Chief Judge Dr Caren Fox of the Māori Land Court. Other judges of the Māori Land Court, while not members of the Waitangi Tribunal, can be appointed as a presiding officer for a Tribunal panel.
A panel of three to seven members is appointed to carry out an inquiry. Each Tribunal panel must have at least one Māori member. All panels act independently.