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                    [0] => The Waitangi Tribunal was a permanent commission of inquiry charged with making recommendations on claims brought by Maori relating to actions or omissions of the Crown that potentially breach the promises made in the Treaty of Waitangi.
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	The establishment date of the Waitangi Tribunal is based on the date the Treaty of Waitangi Act 1975 received the Royal Assent, 10 October 1975.
                    [custom2] => 

	

		Waitangi Tribunal website, http://www.justice.govt.nz/tribunals/waitangi-tribunal (accessed 21 March and 19 May 2016).
	

		New Zealand Legislation website (Parliamentary Counsel Office), http://www.legislation.govt.nz/ (accessed 19 May 2016).
	

		New Zealand Legal Information Institute, http://www.nzlii.org/ (accessed 19 May 2016).

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            [agentMandateEstablishing] => Treaty of Waitangi Act 1975
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                    [0] => Treaty of Waitangi Amendment Act 1993
                    [1] => Ngati Koroki Kahukura Claims Settlement Act 2014
                    [2] => Commissions of Inquiry Act 1908
                    [3] => Crown Forest Assets Act 1989
                    [4] => Te Kawerau a Maki Claims Settlement Act 2015
                    [5] => Ngati Whatua Orakei Claims Settlement Act 2012
                    [6] => Treaty of Waitangi Amendment Act 1998
                    [7] => Fees and Travelling Allowances Act 1951
                    [8] => Raukawa Claims Settlement Act 2014
                    [9] => Education Act 1989
                    [10] => Land Transfer Act 1952
                    [11] => Te Aupouri Claims Settlement Act 2015
                    [12] => Waitaha Claims Settlement Act 2013
                    [13] => Tuhoe Claims Settlement Act 2014
                    [14] => Ngati Whatua o Kaipara Claims Settlement Act 2013
                    [15] => Evidence Act 2006
                    [16] => Ngati Kuri Claims Settlement Act 2015
                    [17] => Treaty of Waitangi (Fisheries Claims) Settlement Act 1992
                    [18] => Maraeroa A and B Blocks Claims Settlement Act 2012
                    [19] => Tapuika Claims Settlement Act 2014
                    [20] => Ngai Takoto Claims Settlement Act 2015
                    [21] => Ngati Makino Claims Settlement Act 2012
                    [22] => Treaty of Waitangi Amendment Act 1988
                    [23] => Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Act 2009
                    [24] => Treaty of Waitangi Amendment Act 1985
                    [25] => Central North Island Forests Land Collective Settlement Act 2008
                    [26] => Te Uri o Hau Claims Settlement Act 2002
                    [27] => Pouakani Claims Settlement Act 2000
                    [28] => Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
                    [29] => Ngaa Rauru Kiitahi Claims Settlement Act 2005
                    [30] => Ngati Tama Claims Settlement Act 2003
                    [31] => Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008
                    [32] => Treaty of Waitangi (State Enterprises) Act 1988
                    [33] => Maungaharuru-Tangitu Hapu Claims Settlement Act 2014
                    [34] => Ngati Apa ki te Ra To, Ngati Kuia, and Rangitane o Wairau Claims Settlement Act 2014
                    [35] => Ngati Haua Claims Settlement Act 2014
                    [36] => Ngati Awa Claims Settlement Act 2005
                    [37] => Treaty of Waitangi Amendment Act 1977
                    [38] => Ngati Porou Claims Settlement Act 2012
                    [39] => Deeds Registration Act 1908
                    [40] => Ngati Pahauwera Treaty Claims Settlement Act 2012
                    [41] => Te Arawa Lakes Settlement Act 2006
                    [42] => State Sector Act 1988
                    [43] => Ngati Koata, Ngati Rarua, Ngati Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Maui Claims Settlement Act 2014
                    [44] => Ngati Mutunga Claims Settlement Act 2006
                    [45] => Te Roroa Claims Settlement Act 2008
                    [46] => Ngati Ruanui Claims Settlement Act 2003
                    [47] => Ngati Rangiwewehi Claims Settlement Act 2014
                    [48] => Ngati Apa (North Island) Claims Settlement Act 2010
                    [49] => New Zealand Railways Corporation Restructuring Act 1990
                    [50] => Ngai Tamanuhiri Claims Settlement Act 2012
                    [51] => Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005
                    [52] => Ngai Tahu Claims Settlement Act 1998
                    [53] => Fisheries Act 1983
                    [54] => Ngati Manuhiri Claims Settlement Act 2012
                    [55] => State-Owned Enterprises Act 1986
                    [56] => Waikato Raupatu Claims Settlement Act 1995
                    [57] => Cadastral Survey Act 2002
                    [58] => Ngati Toa Rangatira Claims Settlement Act 2014
                    [59] => Te Rarawa Claims Settlement Act 2015
                    [60] => Ngati Turangitukua Claims Settlement Act 1999
                    [61] => Ngati Whare Claims Settlement Act 2012
                    [62] => Rongowhakaata Claims Settlement Act 2012
                    [63] => Ngati Rangiteaorere Claims Settlement Act 2014
                    [64] => Ngati Manawa Claims Settlement Act 2012
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            [history] => 

	Establishment

	The Waitangi Tribunal was established on 10 October 1975 pursuant to section 4(1) of the Treaty of Waitangi Act 1975. It was established to make recommendations on claims relating to the practical application of the Treaty and to determine whether certain matters were inconsistent with the principles of the Treaty.

	Originally, the Tribunal was empowered to investigate grievances from 1975. Its jurisdiction was extended in January 1986 under the provisions of the Treaty of Waitangi Amendment Act 1985, allowing it to consider Treaty breaches dating back to 6 February 1840.

	Functions and Responsibilities

	The functions of the Waitangi Tribunal were:

	

		to inquire into and make recommendations upon any claim submitted to the Tribunal under the Treaty of Waitangi Act;
	

		to make recommendations that land or interests in land be no longer subject to resumption under  the State-Owned Enterprises Act 1986 or the Education Act 1989;
	

		to make any recommendation or determination that the Tribunal was required or empowered to make under the Crown Forest Assets Act 1989;
	

		to make recommendations that land, or any part of any land, that was subject to a Crown forestry licence under the Crown Forest Assets Act 1989, be no longer liable to be returned to Maori ownership under section 36 of that Act;
	

		to make recommendations that land or any interest in land that, immediately before being vested in a Crown transferee company pursuant to section 6 of the New Zealand Railways Corporation Restructuring Act 1990, was land owned by the Crown or an interest owned by the Crown in land, be no longer subject to resumption under section 39 of that Act;
	

		to examine and report on any proposed legislation referred to the Tribunal by the House of Representatives or a Minister of the Crown.


	In exercising any of its functions the Tribunal was required to have regard to the both the English and Maori texts of the Treaty (set out in Schedule 1 of the Treaty of Waitangi Act 1975) and, for the purposes of the Act, had exclusive authority to determine the meaning and effect of the Treaty as embodied in the 2 texts and to decide issues that were raised by the differences between them.

	Jurisdiction of the Tribunal to consider claims

	The jurisdiction of the Waitangi Tribunal was set out under section 6 of the Treaty of Waitangi Act.

	Any Maori person was eligible to submit a claim to the Tribunal (this included anyone who was descended from a Maori). A claim could also be submitted on behalf of a group of Maori, including an organisation such as a runanga, but an organisation could not be a claimant on its own.

	Claims had to relate to the following matters:

	

		any ordinance of the General Legislative Council of New Zealand, or any ordinance of the Provincial Legislative Council of New Munster, or any provincial ordinance, or any Act (whether or not still in force), that was passed at any time on or after 6 February 1840; or
	

		any regulations, order, proclamation, notice, or other statutory instrument that was made, issued, or given at any time on or after 6 February 1840 under any ordinance or Act referred to above; or
	

		any policy or practice (whether or not still in force) adopted by or on behalf of the Crown, or by any policy or practice that was proposed to be adopted by or on behalf of the Crown; or
	

		any act done or omitted at any time on or after 6 February 1840, or proposed to be done or omitted, by or on behalf of the Crown.


	A claimant had to demonstrate how an ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was inconsistent with the principles of the Treaty, and had prejudicially affected the claimant or the group on whose behalf the claim was made.

	The Tribunal could inquire into and report on claims that related to privately owned land. However, unless the private land was memorialised, the Tribunal could not recommend:

	

		that the land be returned to Maori ownership; or
	

		that the Crown acquire it.


	In such circumstances, claimants could seek other compensation, such as the return of alternative Crown-owned land or monetary compensation (memorialised lands were lands owned, or formerly owned, by a state-owned enterprise or a tertiary institution, or former New Zealand Railways lands, that had a notation, known as a memorial, on their certificate of title advising that the Waitangi Tribunal may recommend that the land be returned to Maori ownership).

	As set out under the Act (as amended by the Treaty of Waitangi Amendment Act 2006), the Tribunal was not permitted to register claims submitted on or after 2 September 2008 that were either new historical Treaty claims or historical amendments to contemporary claims (a historical claim was defined by the Act as a claim that arose from or related to an ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission by or on behalf of the Crown, before 21 September 1992).

	Matters outside the Tribunals jurisdiction

	The Tribunal was not authorised to inquire into proposed legislation that was in the form of a Bill that had been introduced into Parliament.

	The Tribunal was also not allowed to register and inquire into claim issues that had already been settled by legislation, which by May 2016 included:

	

		Affiliate Te Arawa Iwi and Hapu Claims Settlement Act 2008
	

		Central North Island Forests Land Collective Settlement Act 2008
	

		Maraeroa A and B Blocks Claims Settlement Act 2012
	

		Maungaharuru-Tangitu Hapu Claims Settlement Act 2014
	

		Ngaa Rauru Kiitahi Claims Settlement Act 2005
	

		NgaiTakoto Claims Settlement Act 2015
	

		Ngai Tahu Claims Settlement Act 1998
	

		Ngai Tamanuhiri Claims Settlement Act 2012
	

		Ngati Apa ki te Ra To, Ngati Kuia, and Rangitane o Wairau Claims Settlement Act 2014
	

		Ngati Apa (North Island) Claims Settlement Act 2010
	

		Ngati Awa Claims Settlement Act 2005
	

		Ngati Haua Claims Settlement Act 2014
	

		Ngati Koata, Ngati Rarua, Ngati Tama ki Te Tau Ihu, and Te Atiawa o Te Waka-a-Maui Claims Settlement Act 2014
	

		Ngati Koroki Kahukura Claims Settlement Act 2014
	

		Ngati Kuri Claims Settlement Act 2015
	

		Ngati Makino Claims Settlement Act 2012
	

		Ngati Manawa Claims Settlement Act 2012
	

		Ngati Manuhiri Claims Settlement Act 2012
	

		Ngati Mutunga Claims Settlement Act 2006
	

		Ngati Pahauwera Treaty Claims Settlement Act 2012
	

		Ngati Porou Claims Settlement Act 2012
	

		Ngati Rangiteaorere Claims Settlement Act 2014
	

		Ngati Rangiwewehi Claims Settlement Act 2014
	

		Ngati Ruanui Claims Settlement Act 2003
	

		Ngati Tama Claims Settlement Act 2003
	

		Ngati Toa Rangatira Claims Settlement Act 2014
	

		Ngati Turangitukua Claims Settlement Act 1999
	

		Ngati Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005
	

		Ngati Whare Claims Settlement Act 2012
	

		Ngati Whatua o Kaipara Claims Settlement Act 2013
	

		Ngati Whatua Orakei Claims Settlement Act 2012
	

		Port Nicholson Block (Taranaki Whanui ki Te Upoko o Te Ika) Claims Settlement Act 2009
	

		Pouakani Claims Settlement Act 2000
	

		Raukawa Claims Settlement Act 2014
	

		Rongowhakaata Claims Settlement Act 2012
	

		Tapuika Claims Settlement Act 2014
	

		Te Arawa Lakes Settlement Act 2006
	

		Te Aupouri Claims Settlement Act 2015
	

		Te Kawerau a Maki Claims Settlement Act 2015
	

		Te Rarawa Claims Settlement Act 2015
	

		Te Roroa Claims Settlement Act 2008
	

		Te Uri o Hau Claims Settlement Act 2002
	

		Tuhoe Claims Settlement Act 2014
	

		Waikato Raupatu Claims Settlement Act 1995
	

		Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010
	

		Waitaha Claims Settlement Act 2013


	These were matters over which the Crown had negotiated settlements with particular claimants, and the Tribunal's authority to inquire into them was removed by statute. As other claims were settled, it was expected that the settlements would provide that the Waitangi Tribunal - and the courts - would no longer have the authority to inquire into those matters, and that Parliament would pass legislation to give effect to those agreements. None of the settlements listed prevented the Waitangi Tribunal from hearing contemporary claims by or about these groups, except commercial fisheries.

	The Tribunal was excluded from inquiring into:

	

		commercial fishing or commercial fisheries, including the Deed of Settlement between the Crown and Maori dated 23 September 1992, or any enactment that related to commercial fishing or commercial fisheries;
	

		the Turangi township; and
	

		matters that fell within the jurisdiction of the Maori Land Court or the Maori Appellate Court.


	The Tribunal did not have jurisdiction, in relation to licensed land (within the meaning of the Crown Forest Assets Act 1989) in the takiwa (tribal territory) of Ngai Tahu Whanui, to make a recommendation for compensation or for the return of the land to Maori ownership.

	Structure

	The Waitangi Tribunal consisted of:

	

		a Judge or retired Judge of the High Court of New Zealand or the Chief Judge of the Maori Land Court; the Judge was both a member of the Tribunal and its Chairperson, and was appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice;
	

		not less than 2 other members and not more than 20 other members, appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice.


	In considering the suitability of persons for appointment to the Tribunal, the Minister of Maori Affairs was required to:

	

		have regard to the partnership between the 2 parties to the Treaty; and
	

		have regard not only to a person’s personal attributes but also to a person’s knowledge of and experience in the different aspects of matters likely to come before the Tribunal.


	The Chairperson of the Tribunal was appointed for a term of no longer than 5 years. Other members of the Tribunal were appointed for terms of up to 3 years. All members could be reappointed.

	Support for the Tribunal was provided by the Ministry of Justice (the Department of Justice between 1975 and 1995), through the Waitangi Tribunal Unit. The Unit provided financial and administrative support services to registering claims, conducting and analysing research, liaising with claimants, running hearings, and assisting in the writing and production of reports.
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