Treaty of Waitangi Act review will serve interests of Māori and New Zealanders

Lawyer Bruce Gray to chair Independent Technical Advisory Group leading the review

Treaty of Waitangi Act review will serve interests of Māori and New Zealanders

Tama Potaka, Māori development minister, said the review of the Treaty of Waitangi Act 1975 seeks to ensure that the Waitangi Tribunal can effectively consider claims alleging breaches of Te Tiriti o Waitangi and thus comply with the legislative intent.

In a news release from the government, Potaka added that the review aims to help ensure that the tribunal can offer timely and well-reasoned findings and serve the future interests of Māori and all New Zealanders.

“The review will ensure the Waitangi Tribunal remains focused, relevant, effective and fit for purpose not just for today, but for the generations to come,” Potaka said.

The government said its review also seeks to address how the Treaty of Waitangi Act aligns with other legislation, whether the Act clearly states the tribunal’s jurisdiction, and how the tribunal deals with various kinds of claims.

“Given the progress of historical claims and settlements and concerns about the Tribunal’s current workload, it is timely to review the legislation that determines how it undertakes its inquiries,” Potaka said.

The government shared that an Independent Technical Advisory Group (ITAG) will lead the review, with lawyer Bruce Gray chairing. Members include senior public servant Kararaina Calcott-Cribb, lawyer David Cochrane, and Māori leader Dion Tuuta.

"The ITAG will engage directly with peak Māori and Iwi entities, Treaty law experts, and current and former Tribunal members to ensure that the right voices and perspectives are reflected in the recommendations they provide to ministers at the end of their review,” Potaka said.

The government added that Te Puni Kōkiri will support the review. Moreover, engagement will commence in the middle of this year and last until the review process ends. By this September, NZ First Minister Shane Jones and other ministers will receive advice regarding the review. The government plans to introduce legislative proposals before the end of 2025.

The government noted that a commitment in the New Zealand First and National Party coalition agreement called for the tribunal to refocus the scope, purpose, and nature of its inquiries on its original intent.

On 2 May, Potaka confirmed the appointment of Gerrard Albert of Whanganui to the tribunal to fill a vacancy and serve a three-year term.