Introduction

The treaty is central to everything that the Waitangi Tribunal does.

As a standing commission of inquiry, the Waitangi Tribunal is tasked with determining whether Crown actions or omissions are in breach of treaty principles.

How the Tribunal interprets the treaty

Each Tribunal panel is constituted to determine the meaning and effect of the treaty based on the claims before it. Readers interested in the Tribunal's interpretation of the treaty and its principles are directed to the Tribunal’s reports themselves.

Chapter 8 of the Waitangi Tribunal’s report He Whakaputanga me te Tiriti provides an account of previous Tribunal and court statements on the meaning of the treaty.

Principles

The Waitangi Tribunal and treaty principles

When inquiring into Māori treaty claims, the Waitangi Tribunal must determine whether any Crown act or omission was or is inconsistent with the principles of the treaty. Each Tribunal panel must determine not only whether the Crown has acted in breach of treaty principles, but also which principles should apply to the claims before it.

For this reason, the Waitangi Tribunal does not have a single set of treaty principles that are to be applied in assessing each claim. Over the years, however, some core principles have emerged from Tribunal reports, which have been applied to the varying circumstances raised by the claims.

These principles are often derived not just from the strict terms of the treaty’s two texts, but also from the surrounding circumstances in which the treaty agreement was entered into.

For examples of the Waitangi Tribunal's interpretation of treaty principles, please see the Tribunal's reports.