The Waitangi Tribunal (Māori: Te Rōpū Whakamana i te Tiriti o Waitangi) is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. 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. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.
The inquiry process contributes to the resolution of Treaty claims and to the reconciliation of outstanding issues between Māori and Pākehā. In 2014, the Tribunal found that Ngāpuhi rangatira did not give up their sovereignty when they signed the Treaty of Waitangi in 1840.
History In 1975, protests from Māori about unresolved Treaty of Waitangi grievances had been increasing for some time, and the Tribunal was set up to provide a legal process for the investigation of those grievances. Matiu Rata, a Minister of Māori Affairs in the early 1970s, took a leading role in the Tribunal's creation.
Originally the Tribunal could investigate grievances only since 1975, but in 1985, a law change meant the Tribunal's jurisdiction was extended back to 1840, the date of the Waitangi Treaty. The subsequent findings of many Treaty breaches by the Crown in various inquiries led to a public backlash against the Tribunal. The Tribunal has often been a political issue in the 1990s and 2000s.
Originally a Tribunal investigation and report was a prerequisite for a Treaty settlement, but in 1999, to speed up settlements, parliament changed the process so that claimants could go straight to settlement with the Office of Treaty Settlements without engaging in the Tribunal process. This was an increasingly popular short-cut to settlement in the face of the slow Tribunal process. The deadline for submitting historical claims was 1 September 2008, but contemporary claims can still be filed.
In late October 2024, the Government appointed retired cabinet minister Richard Prebble and senior insurer Ken Williamson to the Tribunal. Kevin Prime was reappointed for a second term. 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.
On 17 January 2025, Minister for Māori Development Tama Potaka announced an overhaul of the Waitangi Tribunal's membership. 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 Ngārimu, Hana O'Regan, Pou Temara and Kevin Prime. 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. Te Pāti Māori co-leader Debbie Ngarewa-Packer described the removal of several well known Māori academics as a "whitewash." In response, Potaka said that Ngarewa-Packer's comments were "unhelpful" and undermined the knowledge and experience of the new appointees.
On 9 May, Potaka announced that an "independent technical advisory group" would review the Treaty of Waitangi Act 1975, which governs the scope of the Waitangi Tribunal. This review was part of the Sixth National Government's coalition agreements with the ACT and New Zealand First parties to review the scope of the Waitangi Tribunal.
In early October 2025, Potaka appointed ASB Bank and Whai Rawa Fund director Juliet Tainui-Hernandez as a member of the Waitangi Tribunal.
Organisational structure and powers
Investigatory powers The Waitangi Tribunal is not a court. 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:
Generally, the Tribunal has authority only to make recommendations. In certain limited situations, the Tribunal does have binding powers, but in most instances, its recommendations do not bind the Crown, the claimants, or any others participating in its inquiries. In contrast, courts can make rulings that bind the parties to whom they relate. The Tribunal's process is more inquisitorial and less adversarial than that followed in the courts. In particular, it can conduct its own research to try and find the truth of a matter, whereas courts generally must decide a matter solely on the evidence and legal arguments presented by the participating parties. Generally, a historian carries out historical research for the tribunal claimants. The Tribunal's process is flexible; it is not required to follow the rules of evidence that generally apply in the courts, and it may adapt its procedures as it thinks fit. For example, it may not allow cross examination, and hearsay or oral evidence is routinely accepted. For example, the Tribunal may follow 'te kawa o te marae'. In contrast, court procedures are stricter and dependent on evidence. The Tribunal does not have final authority to decide points of law. The power rests with the courts. However, the Tribunal has exclusive authority to determine the meaning and effect of the Treaty as it is embodied in both the Māori and English texts. The Tribunal has a limited power to summon witnesses, require the production of documents, and maintain order at its hearings. It does not have a general power to make orders preventing something from happening or compelling something to happen; nor can it make a party to Tribunal proceedings pay the costs. The Tribunal does not settle claims; in fact, it only makes recommendations to the Government. It is not involved in the settlement process, and claimants agree not to pursue matters through the Tribunal while they are engaged in the negotiation process.Waitangi Tribunal FAQ Claims are settled by negotiation with the Government. The Office of Treaty Settlements manages the negotiation of Treaty settlements for the Government, and all matters related to negotiations should be addressed to that office. The Tribunal cannot make recommendations over the return of private land. It may inquire into, and report on, claims relating to land that is privately owned, but unless the land is memorialised, the Tribunal may not recommend that it be returned to Māori ownership or that the Crown acquire it. Memorialised lands are lands owned, or formerly owned, by a State-owned enterprise or a tertiary institution, or former New Zealand Railways lands, that have a memorial (or notation) on their certificate of title advising that the Waitangi Tribunal may recommend that the land be returned to Māori ownership. The Tribunal can register the claim of any Māori with a grievance against a policy, practice, act, or omission of the Crown. The Tribunal is not required to check that a claimant has a mandate from any group, but it may refuse to inquire into a claim that is considered to be frivolous or vexatious.
The Tribunal process is inquisitorial, not adversarial. It seeks to get to the truth of the matter. The aim is to determine whether a claim is well founded.
Tribunal members
The Tribunal may have a chairperson and up to 20 members at any one time. Members are appointed by the Governor-General on behalf of the Sovereign on the recommendation of the Minister of Māori Affairs in consultation with the Minister of Justice, for a renewable term of up to three years. For specific inquiries, a panel is composed of three to seven members, at least one of whom must be Māori. The chairperson of the Waitangi Tribunal can also appoint a Māori Land Court judge to act as presiding officer. This panel is then known as the Tribunal for that inquiry, e.g. the Central North Island Tribunal or the Taranaki Tribunal.
As of May 2025, the membership of the Tribunal was:
Chairperson Chief Judge Dr Caren Fox, Chief Judge Māori Land Court Deputy Chairperson Judge Sarah Reeves, Māori Land Court Other Māori Land Court judges Ordinary members Dr Robyn Anderson, historianNo longer holds current warrant but continues to serve on appointed panels. Tipene Crisp Ron Crosby, lawyer Philip Crump, lawyer Vanessa Eparaima Derek Fox, broadcaster Grant Hadfield, realtor and Manawatu District Councillor Rex Edward Hale, author and public servant Dr Paul Hamer, historian Prof Rawinia Higgins, academic Dr Ruakere Hond, academic Prue Kapua, lawyer Ron Mark, Mayor of Carterton, former politician and government minister Basil Morrison CNZM, former local politician and president of Local Government New Zealand Kim Ngarimu, consultant Dr Hana O'Regan ONZM, academic Dr Ann Parsonson, historian Dr Grant Phillipson, historian Kevin Prime CNZM, farmer, forester, Environment Court commissioner Dr Thomas Roa, kaumatua Tania Simpson ONZM, director of Auckland International Airport, Meridian Energy, and Tainui Group Holdings Prof Linda Tuhiwai Smith CNZM, academic Dr Monty Soutar ONZM, historian Prof Sir Pou Temara KNZM, academic Tafaoimalo Leilani Tuala-Warren, former Supreme Court of Samoa judge and professor of law at University of Waikato Prof David Williams, historian, lawyer, Anglican priest Ken Williamson, fellow of the Insurance Brokers Association of New Zealand Gerrard Albert Juliet Tainui-Hernandez
The Waitangi Tribunal Unit The Waitangi Tribunal Unit is a special jurisdiction unit of the Ministry of Justice which provides support and services necessary for the Tribunal to do its work. Approximately 60 full-time staff work at the Tribunal, who are divided into the research, claims and registration, report writing, and inquiry facilitation teams.
Notable tribunal inquiries Taonga and the Wai 26 and 150 claim regarding radio frequencies In June 1986, the Waitangi Tribunal received the Wai 26 claim that the Treaty of Waitangi was breached by the Crown who failed to await recommendations within the Tribunal's te reo Māori (1986) report before introducing a bill on the Māori language. This raised dispute as Māori were concerned that the bill might preempt and therefore not fully take into account the recommendations of the Waitangi Tribunal report. The second part of the claim identified that Te reo Māori held taonga status and the (then) Broadcasting Corporation of New Zealand "had not provided adequately for Māori radio listeners and television viewers." when the Crown had an obligation to uphold and promote te reo Māori through electronic mediums.
In June 1990, claim Wai 150 was lodged by Sir Graham Latimer on behalf of the New Zealand Māori Council. The claim was in respect of the Rangatiratanga over the allocation of radio frequencies; the claim being that in the absence of an agreement with the Māori, the sale of frequency management licences under the Radiocommunications Act 1989 would be in breach of the Treaty of Waitangi; denying Māori rights to the radio spectrum would therefore deny an instrumental means of providing te reo Māori to New Zealand. The Waitangi Tribunal amalgamated the Wai 26 with the Wai 150 claim. The final report of the Tribunal recommended that the Crown suspend the radio frequency tender process and proceed to negotiate with the Iwi.
Ngāi Tahu claim