7.3 The Waitangi Tribunal and Treaty settlements

The Waitangi Tribunal, established in 1975, plays a crucial role in addressing Māori grievances related to Treaty of Waitangi breaches. It investigates claims, makes recommendations, and has significantly influenced New Zealand's legal and cultural landscape.

Treaty settlements between the Crown and Māori iwi aim to resolve historical injustices through negotiations. These agreements typically include apologies, cultural redress, and financial compensation, fostering Māori economic development and cultural revitalization while addressing ongoing challenges.

Waitangi Tribunal and Treaty Grievances

Establishment and Authority of the Waitangi Tribunal

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• Waitangi Tribunal established in 1975 functions as a permanent commission of inquiry
• Investigates and makes recommendations on Māori claims related to Crown breaches of Treaty of Waitangi promises
• 1985 amendments to Treaty of Waitangi Act expanded Tribunal's authority to inquire into claims dating back to 1840 (year Treaty was signed)
• Tribunal comprised of up to 20 members appointed by Governor-General
  • Includes both Māori and Pākehā members
  • Members possess expertise in law, history, and tikanga Māori (Māori customary practices)

Functions and Impact of the Waitangi Tribunal

• Conducts extensive research on complex historical, legal, and cultural issues
• Holds public hearings to gather evidence and testimonies
• Produces comprehensive reports on claims
• Tribunal recommendations generally not legally binding on government
  • Carry significant moral and political weight
  • Often form basis for negotiations between Māori claimants and Crown
• Played crucial role in raising public awareness of Treaty issues
• Contributed to development of Treaty jurisprudence in New Zealand
  • Influenced court decisions and legislative changes
  • Shaped interpretation of Treaty principles in modern context

Treaty Settlements for Māori Iwi

Treaty Settlement Process

• Negotiated agreements between Crown and Māori claimant groups resolve historical Treaty breaches
• Settlement process involves multiple stages:
  1. Pre-negotiations: initial discussions and preparation
  2. Negotiations: formal talks to reach agreement
  3. Ratification: approval by claimant group members
  4. Implementation: execution of settlement terms
• Each stage requires extensive consultation and agreement between parties
• Office of Treaty Settlements (now Te Arawhiti - Office for Māori Crown Relations) manages process for Crown

Components of Treaty Settlements

• Settlements typically include three main components:
  1. Historical account and Crown apology
     • Acknowledges specific Treaty breaches and their impacts
     • Formal apology from Crown to affected iwi
  2. Cultural redress
     • Return of culturally significant sites (wāhi tapu)
     • Co-management arrangements for natural resources
     • Official recognition of Māori place names
  3. Commercial redress
     • Financial compensation
     • Return of Crown-owned land
     • Rights of first refusal for future Crown land sales
• Settlements often establish mechanisms for ongoing iwi-Crown relationships
  • Foster greater Māori participation in resource management
  • Enhance Māori involvement in local and regional decision-making processes

Treaty Settlements and Māori Development

Economic Impact of Treaty Settlements

• Settlements provide significant financial and land-based resources to Māori iwi
• Enable establishment and growth of iwi-owned businesses and investment portfolios
• Iwi develop diverse economic strategies using settlement assets
  • Investments in primary industries (forestry, fisheries)
  • Property development and management
  • Tourism ventures (cultural experiences, eco-tourism)
• Contributes to growth of broader Māori economy
  • Estimated value of Māori economy reached $68.7 billion in 2018
• Improved iwi governance structures enhance capacity for economic management
  • Development of professional boards and investment committees
  • Implementation of long-term economic strategies

Social and Cultural Revitalization

• Return of culturally significant lands supports revitalization of Māori cultural practices
• Strengthens iwi connections to ancestral territories (turangawaewae)
• Increased investment in social programs addressing community needs
  • Health initiatives (Whānau Ora programs)
  • Education support (scholarships, mentoring programs)
  • Housing projects (papakāinga developments)
• Enhanced Māori participation in tertiary education and professional development
  • Establishment of iwi-funded scholarships
  • Creation of internship and training programs
• Cultural revitalization efforts
  • Language revitalization programs (Te Reo Māori classes)
  • Traditional arts and crafts workshops
  • Marae (meeting ground) restoration projects

Challenges and Debates in Treaty Settlements

Quantum and Process Concerns

• Debates over total compensation amount (quantum) in Treaty settlements
  • Some argue settlements represent fraction of true value of lost lands and resources
  • Example: Ngāi Tahu settlement in 1998 valued at $170 million, estimated loss exceeded$20 billion
• Length and complexity of settlement process criticized
  • Some claims take decades to resolve (Waikato-Tainui negotiations spanned 1989-1995)
  • Potential limitation on immediate impact for affected communities
• Concerns about Crown's dual role as negotiator and adjudicator
  • Questions arise regarding fairness and impartiality of negotiations
  • Calls for independent body to oversee settlement process

Ongoing Issues and Future Considerations

• Overlapping claims between different iwi and hapū (sub-tribes) create challenges
  • Difficulties in defining boundaries and allocating resources
  • Example: Overlapping claims in Hauraki region led to delays and disputes
• Debates about finality of settlements
  • "Full and final" nature of agreements may limit addressing future issues
  • Concerns about newly discovered historical grievances post-settlement
• Impact on non-settling iwi members in urban areas
  • Disconnection from traditional tribal structures
  • Questions about equitable distribution of settlement benefits
• Broader implications for Crown-Māori relations
  • Ongoing interpretation and application of Treaty principles
  • Role of Treaty settlements in achieving long-term reconciliation and partnership