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Treaty of Waitangi Act 1975

7: Tribunal may refuse to inquire into claim

You could also call this:

"The Tribunal can say no to looking into a claim if it's not important or if you have another way to solve the problem."

The Tribunal can decide not to look into a claim made under section 6 if they think the claim is not important, or if it is not a genuine claim. They can also decide not to look into a claim if you have another way to solve the problem that is reasonable for you to use. You can make a claim under section 6, but the Tribunal might put it on hold for a while if they have a good reason to do so. If the Tribunal decides not to look into your claim, or to put it on hold, they will tell you about their decision and explain why they made it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM435538.

Topics:
Māori affairs > Treaty of Waitangi
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7Tribunal may refuse to inquire into claim

  1. The Tribunal may in its discretion decide not to inquire into, or, as the case may require, not to inquire further into, any claim made under section 6 if in the opinion of the Tribunal—

  2. the subject matter of the claim is trivial; or
    1. the claim is frivolous or vexatious or is not made in good faith; or
      1. there is in all the circumstances an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to the Ombudsman, which it would be reasonable for the person alleged to be aggrieved to exercise.

        1. The Tribunal may, from time to time, for sufficient reason, defer, for such period or periods as it thinks fit, its inquiry into any claim made under section 6.

        2. In any case where the Tribunal decides not to inquire into or further inquire into a claim or to defer its inquiry into any claim, it shall cause the claimant to be informed of that decision, and shall state its reasons therefor.

        Notes
        • Section 7(1)(c): amended, on , by section 27 of the Constitution Act 1986 (1986 No 114).
        • Section 7(1A): inserted, on , by section 5(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).
        • Section 7(2): amended, on , by section 5(2) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).