Story by Mark Derby

Main image: Waitangi Tribunal hearing in the Bay of Islands, 2010

In 1975, the government set up the Waitangi Tribunal to investigate Crown breaches of te Tiriti o Waitangi. At first the tribunal could only investigate claims of breaches since 10 October 1975.

Developing the tribunal

From 1985 the tribunal could investigate claims of breaches dating back to 1840.

High-profile cases investigated by the tribunal included one brought by the tribe Te Āti Awa, which did not want the Taranaki synthetic fuel plant to discharge its outfall into the sea near a reef where they gathered shellfish. A similar claim near Rotorua concerned the discharge of sewage into the Kaituna River, with its eel fishery. Both claims succeeded in protecting tribal food sources.

The tribunal recommended that the Māori language be made an official language of New Zealand, which occurred in 1987.

The tribunal recommended compensation for Ngāi Tahu for the loss of most of the South Island. Other important tribunal recommendations were for Ngāti Whātua’s Ōrākei claim, the Manukau Harbour claim and the Muriwhenua claim.

Changes, 1988 onwards

Claims to the tribunal began to pile up. A casebook system was adopted – all the claims in an area were researched together and the reports and evidence formed a casebook.

Some people criticised the tribunal and thought the past should be forgotten. The government tried to limit the amount of compensation in 1994, but Māori opposed this.

The Office of Treaty Settlements was set up to negotiate directly with claimants without waiting for a tribunal report, and also to negotiate with claimants who had tribunal reports. Tribunal inquiries identified matters which were not disputed, so hearings could focus on issues on which the Crown and claimants disagreed.

Researching claims

Research on claims was carried out by the tribunal, claimants and the Crown.

Claims were classified as historical if they concerned Crown policies or actions before 1992. Under the Treaty of Waitangi Amendment Act 2006, the tribunal no longer registered historical claims from 2 September 2008.

By 2023 the Waitangi Tribunal had produced more than 150 reports. The Crown did not always accept the tribunal’s recommendations, but its reports became the basis for negotiation between claimants and the Crown.