Waitangi Tribunal The Waitangi Tribunal was formed and recognised in 1975 by the Treaty of Waitangi Act 1975. It was set up to offer legal assistance and help in inquires into issues surrounding treaty claims about outstanding issues with Maori and pakeha. “The Waitangi Tribunal is not a court. Because it was established as a permanent commission of inquiry, its method of investigation differs significantly from that of a court in several important respects.” ("Waitangi Tribunal," 2011)
The Tribunal is made up of 20 members, who are selected by the Govern General with the advice of the Minister of Maori affairs whose job is to go to hearings, read and listen to the evidence given, and make findings and recommendations about the claim. Within the tribunal are a “chairperson of the Tribunal who is a Judge or a retired Judge of the High Courts or the Chief Judge of the Maori land court" (Hubbard et all.,2010) , and a deputy chairperson, who is a Judge of the Maori land court.The remaining members consist of a mix both Maori and Pakeha, the Pakeha members are to have a excellent understanding of the history, culture, language and protocols of the Maori heritage and background. They are to have knowledge in all areas of issues that might occur and be well educated academically. The Waitangi Tribunal roles are to inquire into and make recommendations on claims by Maori that are relating to acts or omissions of the crown, that violate the promises made in the treaty of Waitangi. They also look at and report on any anticipated legislation that occurs within the jurisdiction.
Whenever a claim is lodged the tribunal are to check it against section 6 of the Treaty of Waitangi Act 1975 to determine whether they can investigate the claim or not. If the claim is accepted it is then registered, heard and reported on to the Minister of Maori Affairs. Who then decides if the claim proceeds to be correct this becomes of an issue for the tribunal, who can then make recommendations of the claim to the Government. The ministry of justice supports this through the Waitangi tribunal unit. The unit has about 60 staff that has many functions such as financial and administrative assistance to the tribunal and much more.
The tribunal also examines and reports on any future legislation given to them by the House of Representatives or a minister of the crown to make recommendations in Crown forest land, railways land etc. "The Tribunal is not allowed to investage or make any findings or recommendations in the relation to commercial fishing or fisheries" (Hubbard et all.,2010) as this matter has been settled between Maori and the Crown. In conclusion the Waitangi Tribunal deals with issues around past Maori grievances that have effect on Maori today. The Tribunal will then look into and investigate matters brought forward by Maori. Then give recommendations to the Government how the Government chooses to handle it is out of the tribunals hands though if the claim does breech the Treaty of Waitangi Maori then are in titled to some sort of compensation.
For more information and other related topics visit:
The Waitangi Tribunal was formed and recognised in 1975 by the Treaty of Waitangi Act 1975. It was set up to offer legal assistance and help in inquires into issues surrounding treaty claims about outstanding issues with Maori and pakeha.
“The Waitangi Tribunal is not a court. Because it was established as a permanent commission of inquiry, its method of investigation differs significantly from that of a court in several important respects.” ("Waitangi Tribunal," 2011)
The Tribunal is made up of 20 members, who are selected by the Govern General with the advice of the Minister of Maori affairs whose job is to go to hearings, read and listen to the evidence given, and make findings and recommendations about the claim. Within the tribunal are a “chairperson of the Tribunal who is a Judge or a retired Judge of the High Courts or the Chief Judge of the Maori land court" (Hubbard et all.,2010)
, and a deputy chairperson, who is a Judge of the Maori land court.The remaining members consist of a mix both Maori and Pakeha, the Pakeha members are to have a excellent understanding of the history, culture, language and protocols of the Maori heritage and background. They are to have knowledge in all areas of issues that might occur and be well educated academically.
The Waitangi Tribunal roles are to inquire into and make recommendations on claims by Maori that are relating to acts or omissions of the crown, that violate the promises made in the treaty of Waitangi. They also look at and report on any anticipated legislation that occurs within the jurisdiction.
Whenever a claim is lodged the tribunal are to check it against section 6 of the Treaty of Waitangi Act 1975 to determine whether they can investigate the claim or not. If the claim is accepted it is then registered, heard and reported on to the Minister of Maori Affairs. Who then decides if the claim proceeds to be correct this becomes of an issue for the tribunal, who can then make recommendations of the claim to the Government. The ministry of justice supports this through the Waitangi tribunal unit. The unit has about 60 staff that has many functions such as financial and administrative assistance to the tribunal and much more.
The tribunal also examines and reports on any future legislation given to them by the House of Representatives or a minister of the crown to make recommendations in Crown forest land, railways land etc.
"The Tribunal is not allowed to investage or make any findings or recommendations in the relation to commercial fishing or fisheries" (Hubbard et all.,2010) as this matter has been settled between Maori and the Crown.
In conclusion the Waitangi Tribunal deals with issues around past Maori grievances that have effect on Maori today. The Tribunal will then look into and investigate matters brought forward by Maori. Then give recommendations to the Government how the Government chooses to handle it is out of the tribunals hands though if the claim does breech the Treaty of Waitangi Maori then are in titled to some sort of compensation.
For more information and other related topics visit:
Waitangi Tribunal
Wikipedia Page
Treaty2u
Minstery of Justice- Waitangi Tribunal
Reference List:
Waitangi Tribunal. (2011), Retrieved March 22, from Wikipedia:http://en.wikipedia.org/wiki/Waitangi_Tribunal
Hubbard Jeremy, Thomas Cordelia and Varnham sally, (2010). Principles of Law for New Zealand Business Studies. (Fourth ed.)