Effectiveness of the Waitangi Tribunal- Paper
Added on 2020-03-23
6 Pages1567 Words202 Views
1Topic:Student Name:University:
2Introduction: As a result of the establishment of Waitangi Tribunal, there has been the beginningof several major changes in New Zealand regarding the relationships between Maori and Pakeha.At the same time, the tribunal has also played an important role in revitalizing the Treaty ofWaitangi in order to deal with the grievances of the Maori regarding their land, fisheries andseveral other issues. In the present paper, the effectiveness of the Waitangi Tribunal has beenevaluated in satisfying the grievances of the Maori that arise due to the breach by the Crown ofthe provisions of the Treaty.The history of the Waitangi Tribunal: The Waitangi Tribunal has been established by thegovernment under the Treaty of Waitangi Act, 1975. After the treaty was signed by the parties in1840, there have been several complaints by the Maori that the terms of the Treaty have not beenproperly fulfilled by the Crown. However, in most of the cases these petitions and protests wentunheard. It was even stated by a judge in 1877 that the treaty was in fact, a "legal nullity". It wasin 1970s when the protests of the Maori regarding the unresolved grievances related with theTreaty started to rise and sometimes they took place beyond the law (Gardiner, 1996). In thisway, an attempt was made to provide a legal process, by setting up the Waitangi Tribunal,through which the claims of the Maori related with the Treaty of Waitangi may be investigated.At the same time, the inquiries made by the Waitangi Tribunal also help in resolving the Treatyclaims and also in the reconciliation of the issues that are outstanding between the Crown and theMaori (Lean, 1999).The workings of the Waitangi Tribunal: There are a number of significant issues regardingwhich the Waitangi Tribunal has reported. These issues range from te reo Maori and the radio
3spectrum to the fisheries, freshwater and underground resources. In this regard, a large numberof recommendations that have been made by the Tribunal in its reports have also beenimplemented by the government (Walrond, 2006). In this way can be said that the reports of theWaitangi Tribunal had contributed in several initiatives and new initiatives like Maori radio, reoirirangi, the Maori language commission, the Maori broadcasting funding agency and Te TauraWhiri i te Reo Māori.While in the beginning, the tribunal only have the power to hear claims related with the actionsof the current government. However, it was in 1985 when the tribunal was allowed by theparliament to investigate events, going back to 1840. Under these circumstances, several hundredhistorical claims were made before the Waitangi Tribunal (Graham, 1997). These claims weregrouped by the tribunal into districts. The research and hearing claims from a particular area iscalled a distinct inquiry. The process of district inquiries is nearing completion. In 2008, thepower enjoyed by the Tribunal to register new historical claims was removed by the parliamentin 2008.As stated above, the Waitangi Tribunal was established to there and give advice regardingpresent-day claims. On the other hand, the grievances of the Maori were mainly related with thehistorical actions and omissions of the Crown since colonialization. Under these circumstances,by 1980s, it became increasingly clear when the tribunal gained momentum. As a result of thegreat pressure generated in this regard, the government agreed to give a power to the tribunal todeal with the grievances going back to 1840 (Orange, 2004). After the victory of the LabourParty in the elections that took place in 1984, an amendment was made in 1985 to the Treaty ofWaitangi Act, 1975 which allowed the tribunal to hear the historical grievances ranging back to1840. These were the circumstances when the tribunal started to give reports related with a wide
End of preview
Want to access all the pages? Upload your documents or become a member.
Related Documents
Understanding the Treaty of Waitangi Principles in Legislation: A Historical Perspectivelg...
|4
|363
|439
The Treaty in the Workplace - Deskliblg...
|12
|2617
|183