Reparations for Maori Grievances in Aotearoa/New Zealand

Abstract

The colonisation of Aotearoa New Zealand was facilitated by the signing of the 1840 Treaty of Waitangi between Maori and the British Queen. However, as is the case in other settler countries worldwide, this treaty was breached, which has caused many long-standing grievances among Maori, and for which they have made many calls for reparations. Since the 1970s a comprehensive attempt at reparations has been embarked upon in New Zealand. This attempt has entailed the creation of an independent body to inquire into Maori grievances, has enabled the courts to adjudicate on some breaches of indigenous rights, and has negotiated reparations settlements for a wide range of grievances. This paper describes both the grievances and the methods of reparations used in New Zealand. To understand Maori grievances, the paper first describes the background to the signing of the Treaty of Waitangi, the texts and different understandings of the treaty itself, and various breaches of the Treaty. The three modern reparations mechanisms are then discussed: (1) the Waitangi Tribunal inquiries into Maori grievances and its reports; (2) the role the courts have played; and (3) the negotiated reparations settlement packages. The negotiated settlement packages described include those in relation to the more traditional, historical, kin-based grievances as well as three examples of pan-Maori settlements: commercial fisheries, commercial forests, and broadcasting. The paper finally addresses possible lessons to be learnt from these attempts at reparations. These lessons range from what has worked to what could be improved, from matters of process to matters of substance, from internal Maori governance issues to New Zealand’s constitutional law. This paper was originally published as a chapter in Reparations for Indigenous Peoples: International and Comparative Perspectives, Federico Lenzerini, ed, (Oxford: Oxford University Press, 2008), 523-564 (20,000 words).