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Topic: Waitangi Tribunal

	Waitangi Tribunal - Introduction
		Claims to the Waitangi Tribunal are complaints that the Crown has breached the Treaty of Waitangi by particular actions, inactions, laws, or policies and that Māori have suffered prejudice (harmful effects) as a result.
		When receiving traditional evidence, the Tribunal requires reports based at least partly on oral interviews with claimants, and it requires oral evidence from claimants at hearings.
		Geoffrey Melvin is a barrister and solicitor of the High Court of New Zealand and a former registrar of the Waitangi Tribunal.
	www.waitangi-tribunal.govt.nz /claims (622 words)

	Encyclopedia: Waitangi Tribunal (Site not responding. Last check: 2007-10-10)
		The Waitangi Tribunal is a New Zealand court empowered to compensate Maori people for land obtained by fraud or by force since 1840.
		The Waitangi Tribunal is unusual in that it was established as a permanent commission of inquiry.
		The Tribunal's process is flexible - the Tribunal is not necessarily required to follow the rules of evidence that generally apply in the courts, and it may adapt its procedures as it thinks fit.
	www.nationmaster.com /encyclopedia/Waitangi-Tribunal (957 words)

	The Maori Law Review - June 1999
		The tribunal examined the interaction of the trust board with the regional council, and the concern of the board that while it was invited to consult and make submissions on matters, it retained no control over activities on the river.
		Tribunal member John Kneebone felt unable to support the recommendations of the majority that Atihaunui should own natural water or be designated as a consent authority for the river under the RMA 1991.
		However, the tribunal has held elsewhere that, in terms of Treaty principles, silence is not consent, so that if other iwi had not protested when control over a river was assumed by the Crown, presumably it could not be concluded that their silence was an acceptance of the situation.
	www.bennion.co.nz /mlr/1999/jun.html (11371 words)

	The Maori Law Review - November 2000
		In preparation for the hearings the Waitangi Tribunal sought more details of the claims, which on their face were all concerned with actions or omissions of the Crown alleged to be in breach of the principles of the Treaty and thus within the jurisdiction of the tribunal.
		The tribunal rejected a Ngäi Tahu argument that the Te Tau Ihu iwi claims were in effect an attack on the Ngäi Tahu boundary, so that the claims were in effect an iwi vs iwi issue and outside the jurisdiction of the tribunal.
		The tribunal received briefs of evidence from five witnesses on behalf of Tangahoe Inc. In her evidence, Mrs Bublitz clarified that the Tangahoe Inc register, which held 1,378 names, was a register of those who identified as Tangahoe and not "itself confirmation of a Treaty of Waitangi claim mandate for Tangahoe".
	www.bennion.co.nz /mlr/2000/nov.html (7915 words)

	The Waitangi Tribunal
		Indeed, the new activism scored several victories for the Maori people with their tactics, not the least of which was the establishment of the Waitangi Tribunal in 1975.
		The first important case that the Tribunal heard was in 1982 when the Te Ati Awa of Taranaki challenged the right of the Petro-Chemical Industries to discharge wastes into the coastal waters off the town of Waitara.
		The Tribunal turned around and found that the reefs and the shellfish were cultural properties, taonga kaotu to the Maori people, and a protected right under Article 2 of the Treaty.
	www.postcolonialweb.org /nz/maorijlg9.html (476 words)

	Alexander's Gas & Oil Connections - Waitangi tribunal in favour of Maori oil claimants
		"The tribunal found despite evidence presented to it that oil and gas seepage was known of, and used, in pre-colonial times, it was not sufficient to show that these resources are taonga as protected (under certain provisions in the treaty)," the tribunal said.
		The tribunal found that little land remained in Maori hands by 1937, and that much of it was lost from Maori ownership by means which breached the treaty.
		The tribunal is to report on the remaining issues raised by the claims, concerning the regulation and management of the petroleum resource since 1937, in a further report.
	www.gasandoil.com /goc/news/nts32428.htm (751 words)

	Waitangi Tribunal Report - Simpson Grierson (Site not responding. Last check: 2007-10-10)
		The Tribunal has recommended that the Crown's royalty entitlements to petroleum and the Crown's remaining interest in the Kupe Petroleum Mining Licence ought to be available for inclusion in settlements with affected Maori claimants.
		Nevertheless, the Petroleum Report is ground breaking in a number of areas, not the least of which is that the Tribunal believes it has identified a new form of interest arising from the Crown's alleged Treaty breaches and which the Tribunal has labelled a "Treaty interest".
		Be that as it may, the reports of the Tribunal in a number of areas have proved, with the passage of time, to be quite persuasive and/or influential.
	www.simpsongrierson.com /Waitangi_Tribunal_Report.html (550 words)

	Waitangi Tribunal - Background
		The Waitangi Tribunal was established by an Act of Parliament, the Treaty of Waitangi Act 1975.
		The Waitangi Tribunal is unusual in that it was established as a permanent commission of inquiry.
		The Tribunal's process is flexible - the Tribunal is not necessarily required to follow the rules of evidence that generally apply in the courts, and it may adapt its procedures as it thinks fit.
	www.waitangitribunal.govt.nz /about/established.asp (625 words)

	Waitangi Tribunal -- Facts, Info, and Encyclopedia article (Site not responding. Last check: 2007-10-10)
		The Waitangi Tribunal is a (An independent country within the British Commonwealth; achieved independence from the United Kingdom in 1907; known for sheep and spectacular scenery) New Zealand court empowered to compensate (The Oceanic language spoken by the Maori people in New Zealand) Maori people for land obtained by fraud or by force since 1840.
		In certain limited situations, the Tribunal does have binding powers, but in most instances, its recommendations do not bind the (The enamel covered part of a tooth above the gum) Crown, the claimants, or any others participating in its inquiries.
		The Tribunal's process is more (Click link for more info and facts about inquisitorial) inquisitorial and less (Click link for more info and facts about adversarial) adversarial than that followed in the courts.
	www.absoluteastronomy.com /encyclopedia/w/wa/waitangi_tribunal.htm (663 words)

	Waitangi Tribunal - Media Statements
		The Waitangi Tribunal has today released the remaining parts of its substantial report on Treaty claims in the Central North Island region.
		The Waitangi Tribunal has just released a further volume of its big report on Treaty claims in the central North Island region.
		Today the Waitangi Tribunal released its second report on the Te Arawa Settlement process.The Tribunal said it could not endorse the Te Arawa settlement in its current form.
	www.waitangi-tribunal.govt.nz /news (363 words)

	Alliance New Zealand (Site not responding. Last check: 2007-10-10)
		The Waitangi Tribunal is a key institution involved in Treaty issues and as such has a critical role in the on-going development of New Zealand’s constitutional system.
		The Tribunal will be given a six-month period to divest itself of its research capacity in order for it to fully concentrate on its programme of hearings.
		The Tribunal membership will also be increased by the addition of eight new members, the effect of which could mean an additional two new teams available for hearings and a more efficient roster system.
	www.alliance.org.nz /info.php3?Type=Policy&ID=1191 (1008 words)

	Tribunal Examples - New Zealand (Site not responding. Last check: 2007-10-10)
		What is unique to the Waitangi Tribunal, however, is its power to make a binding recommendation which is interim during a 90-day period that is extendable while the parties attempt to reach a negotiated settlement including in whole or in part replacing the Tribunal's recommendation.
		A positive attribute of the Waitangi Tribunal is in its panel selection process which facilitates adaption to claims circumstances; for instance, depending on the nature of the claim, a community member with traditional knowledge or a historical researcher may form part of the panel.
		The inclusion of Maori Tribunal members is a positive example, as is the statutory requirement for consideration of the Maori version of the Treaty of Waitangi, which allows for Maori protocol to exist beside English law requirements in conducting inquiries.
	www.ainc-inac.gc.ca /wige/trd/nezeal_e.html (2242 words)

	HREOC Website: Moving Forward Conference (Site not responding. Last check: 2007-10-10)
		The Waitangi Tribunal was established in 1975 though it did not become a significant force in the country until the mid 1980s.
		On the other hand Tribunal hearings are public and transparent so that there is, I suspect, a broad acceptance within the wider Pakeha community (albeit grudging) that the work of the Tribunal is important and ought to continue.
		The approach of the Waitangi Tribunal is to support packages which restore a lost economic base bearing in mind the extent and nature of the loss and the current needs of the grieving community.
	www.hreoc.gov.au /movingforward/speech_williams.html (1798 words)

	[No title] (Site not responding. Last check: 2007-10-10)
		The availability of legal aid for proceedings before the Tribunal Whilst in terms of the administration of legal aid, a grant of aid for Waitangi Tribunal proceedings is not different to any grant of civil legal aid, the history behind the granting of legal aid for Tribunal proceedings establishes a particular context.
		Overview of the application process Claimants may submit a claim to the Tribunal at any stage before the completion of the inquiry and may amend or add to their claim at any stage in the course of the inquiry until the date fixed for the finalisation of statements of claim.
		Referral to Tribunal for a section 44 Report Refer the application to the Waitangi Tribunal as provided for under the Act and seek information from the Tribunal on the matters on section 44 (a), (b) and (c).
	www.lsa.govt.nz /ListedProvider/docs/Policy_approvedby_BdOct02.doc (5705 words)

	Wellington settled illegally - Waitangi Tribunal
		The tribunal said that when Colonel William Wakefield first bought the land which became Wellington from Maori, the English-language deed inadequately described the boundaries of the purchase, which were not shown on a map.
		She said the Tribunal's findings were not binding, but said the report would provide "useful information" for the negotiation of a treaty settlement.
		The Waitangi Tribunal is given power to investigate historical claims, and soon after Wellington claimants including the Tenths Trust lodge their first claim into grievances in Taranaki, Manawatu and Wellington.
	www.arena.org.nz /trwgtn.htm (2070 words)

	CARC - Northern Perspectives (Volume 23, Number 2, Summer 1995)
		The Tribunal's mandate was to hear and report on Maori grievances against the Crown under the Treaty of Waitangi where the cause of action arose after 1875.
		Both the Tribunal and the law courts in New Zealand have viewed the Treaty as a living document to be interpreted in accordance with broad principles.
		The Waitangi Tribunal is prevented by statute from recommending the return of privately owned land or the acquisition by the Crown of such land for return to Maori.
	www.carc.org /pubs/v23no2/progress.htm (1690 words)

	LSA Listed Provider (Site not responding. Last check: 2007-10-10)
		Whilst in terms of the administration of legal aid, a grant of aid for Waitangi Tribunal proceedings is not different to any grant of civil legal aid, the history behind the granting of legal aid for Tribunal proceedings establishes a particular context.
		The Agency may seek information from the Tribunal at any stage on issues such as the nature and extent of matters raised in the claim, the relativity of the claim and the claimant group to others in the inquiry, and the extent of any overlapping or conflicting claims.
		An application form for Waitangi Tribunal legal aid must be completed by or on behalf of the nominal applicant, signed by the nominal applicant and submitted to the Agency's Specialist Unit.
	www.lsa.govt.nz /ListedProvider/civil/Policy_approvedby_BdOct02.htm (6584 words)

	Summary of Waitangi Tribunal Report on the Crown’s Foreshore and Seabed Policy, and Green Policy - Green Party
		The tribunal notes the admission of the Crown’s key witness, Dr Paul McHugh, that Mäori who currently have titles to extensive coastal blocks might in some cases expect that a court would find nearly exclusive interests to the foreshore fronting those lands (as may be the case with Ngati Porou).
		That is, the Tribunal accepts that the doctrine is a protectionist one that seeks to preserve and protect any rights that have continued in existence since 1840, and that customary rights are collective and inalienable.
		The Tribunal also accepts that the courts in New Zealand would be likely to follow the “bundle fo rights” approach to exploring customary rights in the foreshore and seabed, rather than using a starting point of some kind of “qualified ownership”.
	www.greens.org.nz /searchdocs/other7558.html (1707 words)

	WAITANGI TRIBUNAL
		A Tribunal member will determine when sufficient and adequate research has been completed and filed with the Tribunal so that a casebook for the claim(s) can be compiled and the claim(s) can proceed to a hearing.
		This general practice may be amended by direction of the Tribunal to suit the particular circumstances of a case or where the casebook method works a particular hardship.
		The Tribunal may decline to hear a particular claimant group which is ready to proceed until the research for other claims to be heard concurrently has been completed and compiled into a casebook.
	www.knowledge-basket.co.nz /oldwaitangi/bustrat/app3.htm (1060 words)

	Waitangi Tribunal - Glossary
		The Tribunal then issues a statement of issues, which sets out the issues of contention between the claimants and the Crown.
		Memorialised lands are lands owned, or formerly owned, by a state-owned enterprise or tertiary institution, or former New Zealand Railway lands, that have a notation, or memorial, on their certificate of title advising that the Waitangi Tribunal may recommend that the land be returned to Māori ownership.
		Where the Tribunal conducts an inquiry into a group of claims, it usually combines all the records of inquiry of those claims into one record - the combined record of inquiry.
	www.waitangitribunal.govt.nz /glossary (1117 words)

	Treaty of Waitangi and the Waitangi Tribunal - Subject Portals - Library - University of Canterbury
		The Waitangi Tribunal was set up under the Treaty of Waitangi Act 1975 to investigate claims of Māori against the Crown for breaches of the Treaty of Waitangi.
		The Tribunal's role as set out in the Treaty of Waitangi Amendment Act 1998 is to make recommendations on claims brought by Māori relating to the practical application of the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty.
		A claim lodged with the Tribunal is checked against section 6 of the Treaty of Waitangi Act 1975 to ascertain whether it is one that the Tribunal may look into.
	library.canterbury.ac.nz /mb/maori/waitangi.shtml (2735 words)

	TKI - Hot Topic
		The Treaty of Waitangi, signed on 6 February 1840, is the founding document of New Zealand.
		The Waitangi Tribunal was set up by Parliament in 1975 to act as an official investigator into Māori Treaty claims.
		The Waitangi Tribunal inquiry process aims to contribute to the resolution of Treaty claims and, in that way, to the reconciliation of outstanding issues between Māori and Pākehā.
	www.tki.org.nz /r/hot_topics/waitangi_e.php (1072 words)

	Te Tiriti o Waitangi
		Ka meatia tenei ki Waitangi i te ono o nga ra o Pepueri i te tau kotahi mano, e waru rau e wa te kau o to tatou Ariki.
		Was done at Waitangi on the sixth of February in the year of our Lord 1840.
		As submissions to the Waitangi Tribunal concerning the Maori language have made clear, "taonga" refers to all dimensions of a tribal group's estate, material and non-material - heirlooms and wahi tapu (sacred places), ancestral lore and whakapapa (genealogies), etc.
	aotearoa.wellington.net.nz /back/treat.htm (914 words)

	MP's call for Te Roroa claim inquiry a farce - Green Party (Site not responding. Last check: 2007-10-10)
		A call by Northland MP John Carter for an inquiry into the Te Roroa land claim settlements is farcical and an attempt to undermine the Waitangi Tribunal, the Green Party says.
		But Green Party Treaty of Waitangi spokesperson Janine McVeagh said the document tampering claim is more than five years old, was investigated by the Justice Department when the claim was first made and was found to be completely false.
		It has been more than four years since the land was purchased by the Crown for Te Roroa as part of the settlement but the iwi still does not have access to the land and has still not been compensated for all their losses, Ms McVeagh said.
	www.greens.org.nz /searchdocs/PR3991.html (303 words)

	Waitangi Tribunal
		The Waitangi Tribunal was established in 1975 by the Treaty of Waitangi Act 1975.
		The Tribunal is a permanent commission of inquiry charged with making recommendations on claims brought by Maori relating to actions or omissions of the Crown that breach the promises made in the Treaty of Waitangi.
		Having inquired into a claim, the Tribunal produces a report of its findings for the claimants and Crown.
	www.waitangitribunal.govt.nz (111 words)

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