Eleanor Thompson The New Zealand Government has announced a significant review of the Waitangi Tribunal, a move that has sparked widespread discussion about the future of Treaty settlements and the Tribunal’s role in the Māori–Crown relationship. The review, set to begin in mid-2025, comes after nearly 50 years of the Tribunal’s work investigating breaches of Te Tiriti o Waitangi/The Treaty of Waitangi and making recommendations that have shaped New Zealand’s legal and social landscape.
Why Is the Review Happening?
The review is part of the coalition agreement between the National Party and New Zealand First, with support from ACT. The Government says the review is “timely” due to the progress made on historical Treaty claims and concerns about the Tribunal’s current workload and focus. Since its establishment in 1975, the Tribunal’s scope has expanded from current government actions to include historical grievances dating back to 1840. In recent years, it has also accepted urgent inquiries into contemporary government policies.
The stated aim of the review is to ensure the Tribunal remains “focused, relevant, effective and fit for purpose” for future generations, and that it continues to meet the intent of the Treaty of Waitangi Act 1975 by providing timely and well-reasoned findings on claims relating to breaches of the Treaty.
Who Is Leading the Review?
An Independent Technical Advisory Group (ITAG) will lead the review, supported by Te Puni Kōkiri. The group will be chaired by legal expert Bruce Gray KC and includes senior public servant Kararaina Calcott-Cribb, lawyer David Cochrane, and respected Māori leader Dion Tuuta. The ITAG is tasked with engaging directly with peak Māori and iwi entities, Treaty law experts, and current and former Tribunal members to ensure a broad range of perspectives are considered.
What Will the Review Cover?
The review will examine several key areas:
- Whether the Treaty of Waitangi Act provides clarity around the Tribunal’s jurisdiction.
- How different types of claims (historical, kaupapa, and contemporary) are managed.
- How the Tribunal’s legislation aligns with other laws.
- The Tribunal’s workload and procedures.
- The structure and appointment process for Tribunal members.
The process will involve engagement with Māori stakeholders and legal experts, with advice to be provided to ministers by September 2025. Legislative proposals based on the review’s recommendations are expected to be introduced by the end of the year.
What Are the Different Perspectives?
Government View:
The Government says the review is about refocusing the Tribunal on its original intent, ensuring it is effective and relevant in a changing context. Ministers have highlighted the Tribunal’s significant contributions to Treaty settlements and the Māori–Crown relationship but argue that a review is necessary to address concerns about scope and workload.
Supporters of the Review:
Some coalition partners and commentators argue the Tribunal has become “increasingly activist” and that its powers and scope need to be clarified and possibly limited to prevent overreach. They support the review as a way to bring the Tribunal’s activities back in line with what they see as Parliament’s original intent.
Critics of the Review:
Māori leaders, legal experts, and opposition parties have expressed concern that the review could undermine the Tribunal’s independence and weaken protections for Māori rights under the Treaty. Some describe the review as an “attack” on Te Tiriti o Waitangi and warn it could roll back decades of progress in addressing historical and contemporary injustices.
The Tribunal’s Recent and Current Work
The Waitangi Tribunal has reported on most historical claims, with district inquiry reports covering 83% of New Zealand’s land base. By the end of its current programme, it is expected to have covered 91%, with remaining areas settled through direct negotiation. In recent years, the Tribunal has also focused on kaupapa inquiries (nationally significant issues affecting Māori as a whole) and contemporary claims about current government policy.
The Tribunal’s own Strategic Direction Review Group recently completed a report analysing its progress and recommending internal improvements. The Tribunal is now considering these recommendations as it prepares for the next decade.
What Happens Next?
- The review will begin mid-2025, with engagement across Māori and legal communities.
- Recommendations are due to ministers by September 2025.
- Legislative changes are expected to be proposed by the end of the year.
The outcome of this review will shape the future of Treaty settlements, the Tribunal’s independence, and the broader Māori–Crown relationship for years to come.
Summary
The Waitangi Tribunal review is a major development in New Zealand’s Treaty landscape. While the Government frames it as a necessary update to ensure the Tribunal’s continued effectiveness, critics warn it could threaten hard-won Māori rights and the integrity of Treaty processes. The review’s process, findings, and eventual legislative changes will be closely watched by all sides, with significant implications for the country’s constitutional and social future.
