Treaty of Waitangi Act 1975

Treaty of Waitangi Act 1975
New Zealand Parliament
An act to provide for the observance, and confirmation, of the principles of the Treaty of Waitangi by establishing a Tribunal to make recommendations on claims relating to the practical application of the Treaty and to determine whether certain matters are inconsistent with the principles of the Treaty.
Date of Royal Assent	10 October 1975
Date commenced	Immediate
Introduced by	Matiu Rata
Amendments
1985, 1988 (twice), 1993, 2006
Related legislation
State Owned Enterprises Act 1986
Status: Current legislation

The Treaty of Waitangi Act 1975 established the Waitangi Tribunal and gave the Treaty of Waitangi recognition in New Zealand law for the first time. The Tribunal was empowered to investigate possible breaches of the Treaty by the New Zealand government or any state-controlled body, occurring after 1975. It was also empowered to recommend, but not enforce, remedies.

Although the Treaty had been a focus of Māori protest for several years by 1975, many Māori were unhappy with the Act. Most of the significant breaches of the Treaty, such as land confiscation in the New Zealand Wars, had occurred in the nineteenth century, and the Tribunal was powerless to investigate these. Some people (Māori as well as others), including many in the National Party opposition, opposed the Act on the grounds that it would be divisive.

This enabled the Tribunal to investigate claims dating back to 1840, when the Treaty was signed. It also enlarged the Tribunal's membership to enable it to handle the increased number of claims. It also required the Tribunal to have a Māori majority.

The 1985 amendment considerably broadened the scope of the Tribunal's inquiries and led to ongoing debate over the appropriate response by the Crown to the findings and recommendations of the Tribunal (see Treaty of Waitangi claims and settlements). It was part of the Fourth Labour government's policy of giving greater acknowledgment to the Treaty, as was the inclusion of references to the Treaty in other legislation, such as the State Owned Enterprises Act. This amendment was one of the most important steps towards making the Treaty relevant in New Zealand law and society.

This further expanded the Tribunal's membership and abolished the requirement for a Māori majority. It also enabled different groups of Tribunal members to investigate different claims simultaneously.

This amendment came about following a court case in which the government was found to be ignoring the principles of the Treaty by attempting to sell state-owned land which might be subject to Treaty claims. The amendment enabled covenants to be placed on such land stating that it might be claimed back by the Tribunal, even if in private hands. It also gave the Tribunal the power to compulsorily acquire such land. This is the only instance in which the Tribunal is able to issue legally binding orders.

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