It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi.
[5] Labour Member of Parliament Willie Jackson objected to Prebble's appointment, citing his alignment with the ACT Party's policies towards Māori including the controversial Treaty Principles Bill.
He appointed eight new members including Rangitāne Tū Mai Rā Trust general manager Tipene Crisp, lawyer and New Zealand On Air board member Philip Crump, Ngāti Raukawa Treaty negotiator Vanessa Eparaima, veteran public servant Rex Edward Hale, Manawatū District Councillor Grant Hadfield, Tupuora Education founder and managing director Kingi Kiriona, former Defence Minister and Mayor of Carterton Ron Mark, and University of Waikato law Professor Tafaoimalo Leilani Tuala-Warren.
In addition, Potaka renewed the warrants of six existing Tribunal members including Ruakere Hond, Derek Fox, Kim Ngarimu, Hana O'Regan, Pou Temara and Kevin Prime.
[7][8] Ten members including Linda Tuhiwai Smith, Tom Roa, Rawinia Higgins, Herewini Te Koha, Prue Kapua, Monty Soutar, Ron Crosby, Robyn Anderson, Tania Simpson and Grant Phillipson did not have their terms renewed.
[8] Left-wing blogger "Mountain Tui" criticised the Government's decision not to renew the terms of mātauranga Maori academics Tuhiwai Smith, Roa and Higgins.
Since it was established as a permanent commission of inquiry, its method of investigation differs significantly from that of a court in several important respects: The Tribunal process is inquisitorial, not adversarial.
It found that "the Crown acted unconscionably and in repeated breach of the Treaty of Waitangi" in its land dealings with the tribe, and recommended substantial compensation.
Ngāi Tahu settled with the Crown in 1998, and received $170 million in compensation, an apology, and the return of its sacred mountain Aoraki/Mount Cook (the tribe later gifted this back to the Nation).
The Wai 262 claim, and the subsequent Ko Aotearoa Tēnei report, is unusual in Tribunal terms because of its wide scope and the contemporary nature of the issues being grappled with.
It was the Tribunal's first 'whole-of-government' inquiry, and considers more than 20 government departments and agencies, and makes recommendations as to reforms of "laws, policies or practices relating to health, education, science, intellectual property, indigenous flora and fauna, resource management, conservation, the Māori language, arts and culture, heritage, and the involvement of Māori in the development of New Zealand's positions on international instruments affecting indigenous rights.
[24] The pre-publications report was subsequently released on 24 August, and suggested that the government should postpone the asset sales programme until the issue had been resolved with Māori around the country.
This finding was reached on the basis that, if the government were to proceed with the partial-privatisation programme, it would reduce its ability to resolve outstanding claims to water and geothermal rights.
[28] Tribunal manager Julie Tangaere said at the report's release to the Ngāpuhi claimants: "Your tupuna [ancestors] did not give away their mana at Waitangi, at Waimate, at Mangungu.
"[28]In late June 2015, several prominent Māori figures including Dr Papaarangi Reid, Moana Jackson, Rikirangi Gage, Angeline Greensill, Hone Harawira and Moana Maniapoto filed a claim and urgent application with the Tribunal alleging that the New Zealand Government was breaching the Treaty of Waitangi in the way it was negotiating the Trans Pacific Partnership Agreement (TPP).
However, the Tribunal expressed concern that a clause allowing foreign investors to bring claims against the New Zealand Government could affect the Crown's willingness or ability to meet its Treaty obligations.
[31] In mid November 2021, the Waitangi Tribunal found that the New Zealand Crown had failed to meet its Treaty obligations to protect Māori interests as part of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), the successor to the TPP, but acknowledged that several major changes occurred in the negotiation process.
The Tribunal also ruled that the Government's transition to the "traffic light system" failed to take into account the lower Māori vaccination rate and health needs.
[36][37][38][39][40] In response to these developments, the Waitangi Tribunal received several claims by various iwi (tribes) and individuals challenging the Government's policies: On 12 December 2023, the Tauranga-based iwi Ngai Te Rangi Settlement Trust filed an urgent claim arguing that the Government's decision to discontinue financial incentives for public servants to learn the Māori language and directive for government departments Waka Kotahi (NZ Transport Agency) and Te Whatu Ora (Health NZ) to give primacy to their English names breached the Treaty of Waitangi and the New Zealand Bill of Rights.
Veteran civil servant and iwi leader Haami Piripi contended that the coalition agreement would override any minister's commitment to the Māori language.
Acting Public Service Commissioner Heather Baggot, who is of Ngāti Maniapoto and Te Āti Awa descent, was cross-examined by Māori lawyer Mataanuku Mahuika.
[43] On 14 December 2023, Lady Tureiti Moxon and Janice Kuka filed the "Wai 3307 Te Aka Whai Ora (Māori Health Authority) Urgent Claim," challenging the Government's plans to dissolve Te Aka Whai Ora (the Māori Health Authority), claiming that it breached the Treaty of Waitangi.
[45] The Waitangi Tribunal was scheduled to hold an urgent hearing between 29 February and 1 March 2024 to critique the Government's Te Aka Whai Ora repeal bill.
[46] In response, Lady Moxon denounced the Government's decision to pass legislation dissolving the Māori Health Authority before the scheduled Tribunal hearing as disrespectful.
[59] On 15 May, the Tribunal heard testimony from University of Auckland Māori Studies Professor Margaret Mutu, who described ACT's Co-Government Policy Paper as "nonsensical" and as misinterpretation of the Treaty.
[63][64] On 30 July, Goldsmith announced that the National-led coalition government would disregard a 2023 New Zealand Court of Appeal ruling that lowered the threshold for proving Māori customary marine title claims.
[65] On 26 August 2024, the Waitangi Tribunal commenced an urgent inquiry into the Government's plans to change the law to tighten the threshold for Māori customary marine title claims.
[62] On the second day, the Tribunal heard testimony from Te Arawhiti (Office for Māori Crown Relations) deputy secretary Tui Marsh, who had attended the 21 May meeting between cabinet ministers and seafood industry representatives.
[66] On 13 September 2024, the Waitangi Tribunal released its initial report into the proposed changes to the Marine and Coastal Area (Takutai Moana) Act 2011.
In response to media coverage, Luxon conceded that Jones and Seymour's remarks were "ill-considered," adding "we expect all ministers to exercise good judgment on matters like this.