The Treaty of Waitangi Act 1975 established the

Waitangi Tribunal The Waitangi Tribunal (Māori: ''Te Rōpū Whakamana i te Tiriti o Waitangi'') is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on cla ...

and gave the

Treaty of Waitangi The Treaty of Waitangi ( mi, Te Tiriti o Waitangi) is a document of central importance to the history, to the political constitution of the state, and to the national mythos of New Zealand. It has played a major role in the treatment of the M ...

recognition in New Zealand law for the first time. The Tribunal was empowered to investigate possible breaches of the Treaty by the

New Zealand New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island count ...

government or any state-controlled body, occurring after 1975. It was also empowered to recommend, but not enforce, remedies. Although the Treaty had been a focus of

Māori Māori or Maori can refer to: Relating to the Māori people * Māori people of New Zealand, or members of that group * Māori language, the language of the Māori people of New Zealand * Māori culture * Cook Islanders, the Māori people of the C ...

activism for several years, many Māori were disappointed in the efficacy of the Waitangi Tribunal. Most of the significant breaches of the Treaty, such as land confiscation in the

New Zealand Wars The New Zealand Wars took place from 1845 to 1872 between the New Zealand colonial government and allied Māori on one side and Māori and Māori-allied settlers on the other. They were previously commonly referred to as the Land Wars or the M ...

, had occurred in the nineteenth century, and the Tribunal was powerless to investigate these.

Amendments

1985 Amendment

The act created a

Tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single ...

to investigate

claims Claim may refer to: * Claim (legal) * Claim of Right Act 1689 * Claims-based identity * Claim (philosophy) * Land claim * A ''main contention'', see conclusion of law * Patent claim * The assertion of a proposition; see Douglas N. Walton * A righ ...

dating back to 1840, when the Treaty was signed. It also enlarged the Tribunal's membership to enable it to handle the increased number of claims. It also required the Tribunal to have a Māori majority. The 1985 amendment considerably broadened the scope of the Tribunal's inquiries and led to ongoing debate over the appropriate response by the Crown to the findings and recommendations of the Tribunal (see

Treaty of Waitangi claims and settlements Claims and settlements under the Treaty of Waitangi have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments h ...

). It was part of the

Fourth Labour government The Fourth Labour Government of New Zealand governed New Zealand from 26 July 1984 to 2 November 1990. It was the first Labour government to win a second consecutive term since the First Labour Government of 1935 to 1949. The policy agenda o ...

's policy of giving greater acknowledgment to the Treaty, as was the inclusion of references to the Treaty in other legislation, such as the

State-Owned Enterprises Act 1986 State ownership, also called government ownership and public ownership, is the ownership of an industry, asset, or enterprise by the state or a public body representing a community, as opposed to an individual or private party. Public ownersh ...

. This amendment was one of the most important steps towards making the Treaty relevant in New Zealand law and society.

1988 Amendment

This further expanded the Tribunal's membership and abolished the requirement for a Māori majority. It also enabled different groups of Tribunal members to investigate different claims simultaneously.

1988 Amendment (State Enterprises)

This amendment came about following a court case in which the government was found to be ignoring the principles of the Treaty by attempting to sell state-owned land which might be subject to Treaty claims. The amendment enabled covenants to be placed on such land stating that it might be claimed back by the Tribunal, even if in private hands. It also gave the Tribunal the power to compulsorily acquire such land. This is the only instance in which the Tribunal is able to issue legally binding orders.

1993 Amendment

This amendment came about following the controversial recommendation in the Waitangi Tribunal'
Te Roroa Report
that the Crown purchase an area of private land for return to claimants in a settlement. The owners of the land argued that the recommendation devalued their properties. The amendment prohibits the Tribunal from recommending the return or purchase by the Crown of any private land, other than that covered by the covenants noted above.

2006 Amendment (Māori Purposes Bill)

This amends section 6 of the Treaty of Waitangi Act to set a closing date of 1 September 2008 for submitting historical Treaty claims, defined as those relating to acts or omissions of the Crown prior to 21 September 1992. It allows existing claims to be amended and does not affect the settlement of historical claims that have already been lodged, or the ability to lodge claims relating to grievances relating to acts or omissions after September 1992.

Other amendments

Legislation implementing various historical Treaty settlements amends section 6 of the Treaty of Waitangi Act to exclude the jurisdiction of the Waitangi Tribunal from further considering the historical claims of the group receiving the settlement.

2014 Tribunal Findings

In response to the Te Paparahi o Te Raki (Wai 1040) inquiry, the Waitangi Tribunal concluded in 2014 that Māori never conceded their sovereignty in the 1840 treaty as part of Stage One of their inquiry. Stage Two of the inquiry will consider events after 1840.

Debates

*New Zealand Parliamentary Debates vol.395 (1974), pp. 5795–9. *New Zealand Parliamentary Debates vol.401 (1975), pp. 4342–6, 4495-500. *New Zealand Parliamentary Debates vol.402 (1975), pp. 5406–8. *New Zealand Parliamentary Debates vol.460 (1984–85), pp. 2702–13, 6059-83, 8626-31. *New Zealand Parliamentary Debates vol.485 (1987), pp. 1715–34. *New Zealand Parliamentary Debates vol.488 (1988), pp. 3970–81, 4017-28. *New Zealand Parliamentary Debates vol.489 (1988), pp. 4560–86, 4775-91. *New Zealand Parliamentary Debates vol.492 (1988), pp. 6611–16. *New Zealand Parliamentary Debates vol.494 (1988), pp. 7927–33, 8217-24. *New Zealand Parliamentary Debates vol.495 (1988), pp. 8525–35, 8861-72. *New Zealand Parliamentary Debates vol.632 (2006), pp. 3951–69. *New Zealand Parliamentary Debates vol.636 (2006), pp. 6965–84, 7021-33.

References

{{DEFAULTSORT:Treaty Of Waitangi Act 1975 Treaty of Waitangi Māori politics 1975 in New Zealand law Statutes of New Zealand Aboriginal title in New Zealand