On the 50th anniversary of the Waitangi Tribunal, Te Pāti Māori Treaty Spokesperson Tākuta Ferris says newly released OIA documents prove the Government’s “review” of the Waitangi Tribunal is a deliberate attempt to disempower it and bring it under Ministerial control.
In correspondence released under the OIA, Chief Judge Caren Fox rejected suggestions the body be renamed from a Tribunal to a Commission.
She further reminded officials that the Tribunal “exercises judicial functions” – a pointed defence of its independence from executive control.
“Disempowering the Waitangi Tribunal would itself be a breach of Te Tiriti o Waitangi. Renaming it to a commission would cause constitutional chaos, and deem the tribunal under Crown control,” said Ferris.
“It should be of no surprise that the judges the Government are trying to disempower are pushing back against their agenda. What is more concerning is that the Crowns own lawyers are signalling red flags as well,” said Ferris.
Ferris says that this Government is once again misleading the public about wanting to return the functions of the tribunal to its original intent.
“The 1975 Act only covered contemporary breaches evolving in 1985 empowering the tribunal to investigate historic Crown wrongdoing.
“Rolling back to the ‘original intent’ means shutting the door on historical justice. It means telling iwi and hapū whose claims haven’t yet been heard – too bad, you missed out.”
“One fifth of historical claims remain unresolved, yet Shane Jones wants to shut up shop and hand the keys of our whenua and moana to corporate interests for the benefits of his pockets.
Ferris says his Treaty of Waitangi (Empowerment of Waitangi Tribunal) Amendment Bill, lodged in July, would make Tribunal rulings binding on the Crown.
“My Bill would give the Tribunal the teeth it needs, while this Government is trying to silence it.”
“Their attitude that settlements are full and final isn’t governance – it’s plain jane corruption. This Government’s breaches of Te Tiriti must be stopped,” said Ferris.