The Waitangi tribunal in New Zealand

Abstract

Abstract The Waitangi Tribunal has been initiating major changes in New Zealand in the relationships of Maori and Pakeha. It has helped to revitalise the Treaty of Waitangi to redress Maori grievances over land, fisheries and many other matters. The paper outlines the jurisdiction, composition and procedures of the Tribunal and discusses the Treaty briefly. The Treaty and Maori rights have been given little recognition in legislation until recently and consequently little recognition by the Courts. A major decision of the Appeal Court in 1987 in relation to land held by State‐owned enterprises is discussed, leading to a consideration of the partnership principle fundamental to the Treaty. Because the Tribunal is not exclusively concerned with judicial questions but has a political role as well, its relations with government and administration have to be considered in some detail. Notwithstanding criticism of it and the belief of some that it should have more power, the Tribunal is a major instrument of re...