The Waitangi Tribunal: Processes, Claims, and Historical Settlements

This report provides an in-depth analysis of the Waitangi Tribunal, a permanent New Zealand commission established to investigate breaches of the Treaty of Waitangi, an agreement between the British and the Māori people. It outlines the tribunal's structure, the process for lodging and assessing claims, including the submission, research, hearing, and report issuance stages. The report also details the settlement process, managed by the Office of Treaty Settlements, and examines the Waikato-Tainui settlement as a significant example. It covers the historical context of the Waikato claim, including the confiscation of land, the subsequent negotiations, and the eventual settlement agreement, highlighting the complexities and long-term impacts of historical injustices and the tribunal's role in addressing them.

Running head: THE WAITAGI TRIBUNAL
The Waitangi Tribunal
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The Waitangi Tribunal
The Waitangi tribunal is a New Zealand permanent commission of inquiry which is
responsible for investigating any breaches of the Waitangi treaty. The Waitangi treaty was an
agreement between the British and the Māori people. The Māori people are the original people of
New Zealand. In the treaty the Māori were to cede sovereignty of New Zealand to the British and
to give them an exclusive right to buy land they were willing to sell1. In return the Maori were to
be given full rights of ownership of their land, fisheries, forests and other properties and be given
rights and privileges of the British people. The British however did not honor their part of the
deal. They started invading their land and other resources.
The tribunal is made of 20 members who are appointed on the basis or merit2. Half of
them must be from the Māori community. The chair is the chief judge serving the Māori land
court and the deputy is the deputy chief judge Māori in that same land court. Each inquiry is
carried out by a panel of three to seven members and each panel must consist of one Māori
member. All of these people must be qualified to hold the various positions of leadership under
the Waitangi tribunal3. For them to be selected to serve in these positions, the process is done on
a very serious note such that no one unqualified person can hold any position. Based on this the
tribunal is intended to solve issues that affect the Maori community in the most amicable way
possible.
1 Belgrave, Michael. "Something borrowed, something new: history and the Waitangi
Tribunal." The Public History Reader. London (2013).
2 Hayward, Janine, and Nicola Wheen, eds. The Waitangi Tribunal: Te Roopu Whakamana i te
Tiriti o Waitangi. Bridget Williams Books, 2016.
3 Tribunal, Waitangi. "Ko Aotearoa tēnei: a report into claims concerning New Zealand law and
policy affecting Māori culture and identity. Te taumata tuatahi." Wellington, Legislation
Direct (2011).

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For a claim to reach the inquiry stage, it goes through various stages. The first one is the
submission stage. This is where the claim is lodged and assessed to determine whether it meets
the requirements of registration. For a claim to be registered, one must be of the Māori origin and
must prove there was breach of contract and that the claimant(s) was adversely affected4. It must
also be seen that the British actions were not in line with the agreements of the treaty of
Waitangi. However, since the British people are not part of the Maori, the tribunal could not
solve some of the issues emanating from the actions of the whites.
If a claim meets the requirements, it is registered and given a ‘wai’ number. The claimant
and other interested parties are notified. In case the claim falls short of the requirements, the
claimant is asked to produce more evidence. Next, claimants apply for financial aid so as to meet
the legal costs. Related claims are then grouped together to form what is known as an inquiry.
Research then begins5. This is characterized by gathering evidence from various sources to
present a well-founded claim. Sources of information may include site visits, historical reports,
and photographs among others. The evidence is then re-examined to make sure that it meets the
required standards. Research that requires a technical approach is usually carried out by experts
hired by the tribunal. This is intended to ensure that before the tribunal can solve any issue, it has
all evidence needed for it to come up with the right and best solution possible.
The next stage is the hearing stage where all concerned parties table their evidence before
the tribunal. Participants are allowed to ask questions on evidence being presented. Hearings are
open to the public and mostly take place in Marae but can also take place in hotels, conference
4 Brookfield, Frederic Morris. Waitangi and indigenous rights: Revolution, law and legitimation.
Auckland University Press, 2013.
5Tribunal, Waitangi. "He Whakaputanga me te Tiriti the Declaration and the Treaty: the report on
stage 1 of the Te Paparahi o Te Raki inquiry." Lower Hutt, New Zealand: Legislation
Direct (2014).

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centers and community halls6. Whatever the venue certain health and safety precautions must be
met. To have a successful hearing some preparation is required and so after the research for an
inquiry is over, the stakeholders come together and decide on the venue, how to prepare that
venue and the order in which claimants groups are to be heard7. Time taken to hear an inquiry
varies and depends on a number of factors like the size and the input needed to prepare for that
inquiry. A large district inquiry takes longer than a smaller one. It is not always that the panel
members are available for hearings since most of them are not full time employees of the
tribunal. However, no matter the number of the hearings that a given case takes, the end result is
to have the verdict judged based on justice for both sides.
The step that follows is the report issuance stage. The Waitangi tribunal prepares a report
and hands it over to the ministry of Māori development. The report outlines the tribunal’s
findings and recommendations. The time taken to prepare a report varies and depends on factors
like the urgency and size of the inquiry. It takes a few days or weeks for urgent inquiries and
several years for large and complex district inquiries8. It is the responsibility of the tribunal to
speed up the solution seeking process for all verdicts even to the most complex of them. The
complex inquiries may require the inputs of several members of the tribunal. These are meant to
help simplify the issue by ensuring that all the various stakeholders get involved in the inquiry
process.
6 Tribunal, Waitangi. "Ko Aotearoa tēnei: A report into claims concerning New Zealand law and
policy affecting Māori culture and identity." Te taumata tuatahi (2011).
7 Tribunal, Waitangi. "Meaning of the treaty." Retrieved November 24 (2011): 2011.
8 Wheen, Nicola Rowan, and Janine Hayward, eds. Treaty of Waitangi settlements. Bridget
Williams Books, 2012.

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After all is said and done, and every stone unturned, the tribunal prepares a handover
ceremony for the claimants and everyone who participated in the inquiry. The tribunal then
moves to making remedies for claims that are deemed to be up to the standard. Claimants of such
claims are allowed to give their wish in respect of how they would like the crown to compensate
them. More often than not, they urge the tribunal to exercise its mandate and order the return of
their land and other resources from the crown. For a person to apply for a remedy inquiry, he or
she must prove that the applicant suffered significantly as a result of colonization and that they
will continue to suffer if nothing is done. He must also prove that there are no alternative
remedies suitable for that particular claim. The applicants must also be prepared to proceed to
hearing.
The next procedure is to settle the claims. A claim must be well founded to reach this
crucial stage. Settlement is carried out by the office of treaty settlements (OTS) which is
mandated to negotiate and implement the recommendations of the Waitangi tribunal9. They do
this in consultation with the cabinet. Settlement may take different forms including formal
apologies from the crown, compensation in monetary terms, cultural change and changing of
geographical names. Whatever the settlement form that the tribunal identifies it is the one
suitable for solving the issue at hand. The settlement is meant to ensure that no such an issue
comes up again or may be intended to limit the number or possibility of the issue repeating itself.
The most popular claim settlement in New Zealand is the Waikato tanui settlement. The
Waikato involves the Māori people who lived north of Mangatawhiri River. The British
forcefully invaded their land and were forced to go into exile and live with their Maniapoto
kinsfolk. They were also forced into a compulsory military service so as to take part in the First
9 Tribunal, Waitangi. "Wai 262 Waitangi tribunal report 2011." Wellington: Legislation
Direct (2011).

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World War supporting the British. This was known as conspriction10. All this was happening
because they had refused to take an oath of allegiance to the crown. This caused a lot of
emotional, mental and financial pain to the Waikato people. They had become refugees in their
own land. They lived in exile for 20 years only to return and find that things had changed so
much politically and there were even new laws in place.
In 1926, the government formed a commission to look into the matter. It was to
investigate whether the land confiscated was beyond the limit and what compensation befitted it.
It was however not to determine whether the invasion was in terms with the Waitangi treaty or
not. The commission found the confiscation to be extremely unfair and unjust and recommended
a compensation of 3000 pounds yearly11. The Waikato found this to be peanuts. They wanted
their land back. This called for further negotiations and consultations. In 1946 the government
agreed to pay the Waikato 5000 pounds annually which summed to $15000 in totality12.
However, due to inflation the claim had to be reviewed. It was also noted that the sim
commission had not looked into some issues. It didn’t note that the Waikato had not been given
the option of peace and that they only went into war to defend themselves and, their land and
other God given resources. The real impact of confiscation was also not properly measured by
the commission. It had outrageously dire effects on the people13. People became homeless and
10 Tauri, Juan M., and Robert Webb. "The Waitangi Tribunal and the regulation of Maori
protest." (2011): 21.
11 Tribunal, Waitangi. "Ko Aotearoa tēnei: A report into claims concerning New Zealand law and
policy affecting Māori culture and identity. Wai 262." Wellington, New Zealand: Author.
Flawed (2011).
12 Zealand, New, and Waitangi Tribunal. The stage 1 report on the national freshwater and
geothermal resources claim. Legislation Direct, 2012.
13 Crocker, Therese. "History and the Treaty of Waitangi settlement process." Journal of New
Zealand Studies 18 (2014): 106.

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destitute. People who once owned land and other property were now refugees in their own
country. They suffered psychological trauma, distress and great financial loss. The Waikato
therefore felt that the settlement pact was a raw deal, very trivial and only accepted it because of
the dire economic situation at the time. It had to be revisited. This was one example of a
complicated case that would take a lot of time to reach an agreement.
Luck was on their side. The government was humble enough to start a dialogue with
them in 1989. It had seen the need to review the 1946 pact14. Everything went on well and by the
following year, the dialogue had already graduated into full and serious negotiations with signs
of bearing fruits. The government offered to give them a direct negotiation settlement. This
meant that, they didn’t have to go through the Waitangi tribunal which would probably have
taken years to settle their claims. As the wise saying goes, a bird in hand is better than ten in the
bush. This meant that some issues that go beyond the capability of the tribunal, the government
may be the other option.
The government kept its word. A promise is surely a debt and the best way to clear it is to
honor it. In May 1995, the crown signed a deal with the Waikato tanui. A deal that was full and
final. The tanui were to be given cash and land valued at $170 million15. This was an effort
meant to bring to an end all the Māori grievances sweep away all their bitterness. It was a
government way of dealing with a historical injustice that dated back to 184016. This became the
most famous settlement deed in New Zealand and gained popularity around the world.
14 Tribunal, Waitangi. "Ko Aotearoa Tēnei." A report into claims concerning New Zealand law
and policy affecting Māori culture and identity. Legislation Direct, Wellington (2011).
15 Bess, Randall. "New Zealand’s Treaty of Waitangi and the doctrine of discovery: Implications
for the foreshore and seabed." Marine Policy 35, no. 1 (2011): 85-94.
16 Jones, Carwyn. "Procedure in the Waitangi Tribunal after Haronga." (2013).

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But maybe we should also consider using a fiscal envelope as a way of settling claims in
future. A fiscal envelope is a financial cap that is tagged on all treaty claims. The one proposed
by the New Zealand government for example was a billion dollars. Fiscal settlements ensure
fairness and consistency. It also saves time since one does not have to attend court hearings. It
also saves money since there are minimal legal costs involved17. It is also important to put into
consideration treaty agreements when making laws. This makes sure breaching does not occur
and saves a country historical injustice which could threaten the peace and stability of any
country.
In conclusion, the Waitangi Tribunal should be applauded for a job well done. Inquiring
cases dating back to 1840 is no easy task. Getting findings and recommendations for them is a
task that requires commitment and diligence. A claim is no claim unless it meets the criteria for
registration. Someone must prove that an act of law caused great harm to the claimant. Financial
aid is available to the claimants to assist them in the legal process. This to me is a great
milestone. The hearings which are open to the public are held at places very convenient to the
claimants. Participants are allowed to ask questions in regards to the evidence tabled. Claims are
settled in the fairest manner. Damage caused to the claimant is considered and compensated
appropriately. There is also the option of settling the claim amicably that is without going
through the Waitangi tribunal which saves time and resources.
Bibliography
17 Vines, Timothy, Ven Bruce, and Thomas Alured Faunce. "Planetary medicine and the
Waitangi Tribunal Whanganui River Report: global health law embracing ecosystems as
patients." Journal of law and medicine 20 (2013): 528-541.

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Belgrave, Michael. "Something borrowed, something new: history and the Waitangi
Tribunal." The Public History Reader. London (2013).
Bess, Randall. "New Zealand’s Treaty of Waitangi and the doctrine of discovery: Implications
for the foreshore and seabed." Marine Policy 35, no. 1 (2011): 85-94.
Brookfield, Frederic Morris. Waitangi and indigenous rights: Revolution, law and legitimation.
Auckland University Press, 2013.
Crocker, Therese. "History and the Treaty of Waitangi settlement process." Journal of New
Zealand Studies 18 (2014): 106.
Hayward, Janine, and Nicola Wheen, eds. The Waitangi Tribunal: Te Roopu Whakamana i te
Tiriti o Waitangi. Bridget Williams Books, 2016.
Jones, Carwyn. "Procedure in the Waitangi Tribunal after Haronga." (2013).
Tauri, Juan M., and Robert Webb. "The Waitangi Tribunal and the regulation of Maori protest."
(2011): 21.
Tribunal, Waitangi. "He Whakaputanga me te Tiriti the Declaration and the Treaty: the report on
stage 1 of the Te Paparahi o Te Raki inquiry." Lower Hutt, New Zealand: Legislation
Direct (2014).
Tribunal, Waitangi. "Ko Aotearoa Tēnei." A report into claims concerning New Zealand law and
policy affecting Māori culture and identity. Legislation Direct, Wellington (2011).
Tribunal, Waitangi. "Ko Aotearoa tēnei: A report into claims concerning New Zealand law and
policy affecting Māori culture and identity." Te taumata tuatahi (2011).
Tribunal, Waitangi. "Ko Aotearoa tēnei: a report into claims concerning New Zealand law and
policy affecting Māori culture and identity. Te taumata tuatahi." Wellington, Legislation
Direct (2011).

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Tribunal, Waitangi. "Ko Aotearoa tēnei: A report into claims concerning New Zealand law and
policy affecting Māori culture and identity. Wai 262." Wellington, New Zealand: Author.
Flawed (2011).
Tribunal, Waitangi. "Meaning of the treaty." Retrieved November 24 (2011): 2011.
Tribunal, Waitangi. "Wai 262 Waitangi tribunal report 2011." Wellington: Legislation
Direct (2011).
Vines, Timothy, Ven Bruce, and Thomas Alured Faunce. "Planetary medicine and the Waitangi
Tribunal Whanganui River Report: global health law embracing ecosystems as
patients." Journal of law and medicine 20 (2013): 528-541.
Wheen, Nicola Rowan, and Janine Hayward, eds. Treaty of Waitangi settlements. Bridget
Williams Books, 2012.18
Zealand, New, and Waitangi Tribunal. The stage 1 report on the national freshwater and
geothermal resources claim. Legislation Direct, 2012.
18