A Major Legislative Review Set to Refocus the Waitangi Tribunal’s Future Role

Mr Potaka affirmed that the review is designed to ensure the Tribunal’s work continues to reflect the original intent of the legislation: to deliver timely, robust, and well-reasoned findings related to alleged Treaty breaches.

The New Zealand Government is set to initiate a major review of the Treaty of Waitangi Act 1975, aiming to ensure that the Waitangi Tribunal continues to serve both Māori and all New Zealanders effectively and in line with its original purpose. The review, led by an Independent Technical Advisory Group (ITAG), underscores the coalition government’s commitment—under the National Party and New Zealand First agreement—to recalibrate the Tribunal’s scope, purpose, and operations.

50 Years of Significant Contribution

Since its establishment in 1975, the Waitangi Tribunal has played a pivotal role in shaping the Māori–Crown relationship. Over the last five decades, it has investigated historical and contemporary breaches of Te Tiriti o Waitangi (the Treaty of Waitangi), providing authoritative findings that have informed government policy and the Treaty settlement process. Thousands of claims have passed through the Tribunal, resulting in wide-ranging acknowledgments and redress for iwi and hapū across the country.

Māori Development Minister Tama Potaka emphasized that this legislative review is both timely and necessary. “The Tribunal has made significant contributions to the settlement of historical and ongoing claims that have impacted generations of Māori whānau,” he said. “However, with many historical claims now resolved and growing concerns about the Tribunal’s current workload and broader scope, it is prudent to revisit the foundation legislation.”

Focus of the Review

The review will consider whether the current Treaty of Waitangi Act provides sufficient clarity regarding the Tribunal’s jurisdiction, the management of various claim types, and the alignment of its processes with other legislative frameworks. Key questions include whether the Tribunal’s inquiries have expanded beyond their intended remit and whether the current legislative architecture remains fit for purpose.

Mr Potaka affirmed that the review is designed to ensure the Tribunal’s work continues to reflect the original intent of the legislation: to deliver timely, robust, and well-reasoned findings related to alleged Treaty breaches.

Independent Technical Advisory Group (ITAG)

The review will be undertaken by a specially appointed Independent Technical Advisory Group, comprising individuals with strong legal, public policy, and Māori governance credentials:

• Bruce Gray KC (Chair) – A senior legal expert with extensive experience in public and administrative law.

• Kararaina Calcott-Cribb – A respected senior public servant with deep knowledge of Māori development issues.

• David Cochrane – A Treaty lawyer well-versed in Tribunal jurisprudence and constitutional law.

• Dion Tuuta – A highly regarded Māori leader with experience in iwi governance and Treaty negotiations.

The ITAG will be supported by Te Puni Kōkiri (Ministry of Māori Development), which will provide secretariat and advisory services throughout the review process.

Robust Engagement with Māori Stakeholders

A critical component of the review is engagement with Māori. The ITAG will begin formal engagement activities in mid-2025, ensuring that voices from iwi, hapū, Treaty law scholars, and both current and former Tribunal members are heard. This consultation process is aimed at gathering a broad spectrum of views on the Tribunal’s future direction, with a particular focus on how it can better serve both Māori communities and the nation as a whole.

Mr Potaka highlighted the inclusive nature of this effort: “The ITAG will engage directly with peak Māori and Iwi entities, Treaty law experts, and past and present Tribunal members to ensure the right voices inform the recommendations.”

Next Steps and Legislative Timeline

Advice from the ITAG will be submitted to ministers, including New Zealand First Minister Shane Jones, by September 2025. Based on this advice, the government intends to introduce new legislative proposals before the end of the year.

This review marks a pivotal point in the Tribunal’s evolution. By revisiting the Treaty of Waitangi Act 1975, the government seeks to safeguard the Tribunal’s integrity and ensure its work remains focused, relevant, and impactful—both now and for future generations.