Waitangi Tribunal


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Waitangi Tribunal

(New Zealand) a body set up in 1975 to deal with claims under the Treaty of Waitangi 1840. It was restructured in 1985. For the Maoris, it is said to be more than a simple consensual contract, having as it does the additional force of the obligation to venerate ancestors' promises. The treaty had three articles. It gave the British Crown sovereignty over New Zealand; it assured Maori New Zealanders that the Crown would protect all cultural and property rights. The third article gave Maoris full rights of British citizenship. The 1985 Amendment Act allowed the tribunal to look into violations that had taken place right back to the original treaty. The 1988 Amendment Act was required to help process a large backlog of claims, many complaining of conduct in imperial times. The tribunal's remit is to consider claims relating to the practical application of the treaty. The tribunal considers whether the claimant was one judicially affected. The claimant must be Maori or of Maori descent. Since 1988 the tribunal can make decisions that bind state enterprises. The tribunal is investigative rather than adversarial; its proceedings could be described as casual and permit cases to be argued in Maori. It continues to sit at the time of writing.
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(10.) Ironically, the Waitangi Tribunal would later rewrite history and say the government had never asked iwi whether they wanted individual freehold title, and therefore that the Crown had breached the treaty by creating such titles without iwi consent.
Oliver explores, and criticises, the "presentism" of the Waitangi Tribunal's histories: their tendency to find the Crown guilty of not providing for Maori after 1840 what it would have been difficult or even impossible to conceive of at the time, and flatly impossible to deliver.
Since the Whanganui River has been the subject of many claims brought before the courts and the Waitangi Tribunal it was easy to obtain the background information about Tieke summarized above.
In considering how the Treaty may be applied to health there are (therefore) at least two broad approaches--one which is founded on the text or wording of the Treaty, and the other which is based on broader and more interpretive principles--such as those mentioned within the Treaty of Waitangi/ Waitangi Tribunal Act.
The Waitangi Tribunal was set up to adjudicate on Maori claims for breaches of the original 1840 Treaty of Waitangi whereby the Maori chiefs ceded sovereignty of New Zealand to the British Crown in exchange for guaranteed land rights.
In a statement the Waitangi Tribunal says it has found that section 80(1)(d) of the Electoral Act 1993, which disenfranchises all prisoners, is inconsistent with the principles of the Treaty of Waitangi and has resulted in significant prejudice to M?ori.
We have had 38 years of the Waitangi Tribunal coming up with recommendations that allow Maori Corporates and the tribal elite to rake in hundreds of millions of taxpayer dollars.
The taua into the East Coast set the foundation for Ngati Toa Rangatira settlement and development of ahi kaa rights to some areas, and latent rights to further land as identified by the Waitangi Tribunal." (6) Any "position" was gained by attacking, killing, enslaving and driving out the inhabitants of those places.
During her visit Dr Strelein gave two seminar presentations and attended meetings with representatives of the New Zealand government, Massey University, Maori Land Court, Waitangi Tribunal, legal practitioners, Maori community leaders.
The setting up of a court designed to sever relationships between hapu leaders and their land without establishing alternative forms of collective governance was clearly in breach of the Treaty of Waitangi in that it did not respect the rangatiratanga (self-determination) of the Maori People' (Waitangi Tribunal 2001:144).
(2) In fact, Te Whanau o Waipareira Trust made both claims and made them both in the courts and before the Waitangi Tribunal. They failed in the first arena and succeeded in the second.
Chief Judge Jo Williams (Chief Judge of the Maori Land Court and Deputy Chair of the Waitangi Tribunal) was the first of the conference keynote speakers.