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Treaty of Waitangi Act 1975

4: Waitangi Tribunal

You could also call this:

"The Waitangi Tribunal: A group that helps with Treaty of Waitangi issues"

Illustration for Treaty of Waitangi Act 1975

You have a tribunal called the Waitangi Tribunal. It has a Chairperson who is a Judge or a retired Judge. The Governor-General appoints the Chairperson. The Tribunal also has other members, between 2 and 20 of them. The Minister of Maori Affairs recommends these members to the Governor-General. The Minister thinks about the partnership between the two parties to the Treaty when choosing members. The Chairperson is appointed for a term of up to 5 years. Other members are appointed for up to 3 years. The Ministry of Justice helps the Tribunal with secretarial and recording services. Being a member of the Tribunal does not make you an employee of the Sovereign for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956. The Tribunal follows the rules set out in Schedule 2. You can find more information about the Tribunal's proceedings in this schedule.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435392.

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Topics:
Māori affairs > Treaty of WaitangiGovernment and voting > Government departments
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4Waitangi Tribunal

  1. There is hereby established a tribunal to be known as the Waitangi Tribunal.

  2. The Tribunal shall consist of—

  3. a Judge or retired Judge of the High Court or the Chief Judge of the Maori Land Court; and the Judge is both a member of the Tribunal and its Chairperson, and is appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice:
    1. not less than 2 other members and not more than 20 other members to be appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice.

      1. In considering the suitability of persons for appointment to the Tribunal, the Minister of Maori Affairs—

      2. shall have regard to the partnership between the 2 parties to the Treaty; and
        1. shall 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.

          1. The Chairperson of the Tribunal appointed under subsection (2)(a) holds office for such term not exceeding 5 years as the Governor-General specifies in the instrument appointing that Chairperson, and the Chairperson may from time to time be reappointed.

          2. Where the Chairperson of the Tribunal is the Chief Judge of the Maori Land Court and he or she ceases to hold office as Chief Judge during the term of his or her appointment as Chairperson, that person's appointment as Chairperson also ceases at that time.

          3. Every member of the Tribunal appointed under subsection (2)(b) shall hold office for such term as the Governor-General shall specify in his or her appointment, being a term not exceeding 3 years, but may from time to time be reappointed.

          4. No person shall be deemed to be employed in the service of the Sovereign for the purposes of the Public Service Act 2020 or the Government Superannuation Fund Act 1956 by reason of his being a member of the Tribunal.

          5. The Ministry of Justice shall furnish such secretarial, recording, and other services as may be necessary to enable the Tribunal to exercise its functions and powers.

          6. The provisions of Schedule 2 shall have effect in relation to the Tribunal and its proceedings.

          Notes
          • Section 4(2): replaced, on , by section 2(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).
          • Section 4(2)(a): replaced, on , by section 2(1) of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).
          • Section 4(2)(b): amended, on , by section 4 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).
          • Section 4(2A): replaced, on , by section 2(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).
          • Section 4(2B): inserted, on , by section 2(2) of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).
          • Section 4(2C): inserted, on , by section 2(2) of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).
          • Section 4(3): replaced, on , by section 2(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).
          • Section 4(4): editorial change made by the PCO, on , under sections 86(1) and 87(a) of the Legislation Act 2019 (2019 No 58).
          • Section 4(4): amended, on , by section 135 of the Public Service Act 2020 (2020 No 40).
          • Section 4(4): amended, on , pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30).
          • Section 4(5): amended, on , pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).