REPORT OF THE WAITANGI TRIBUNAL’S STRATEGIC DIRECTION REVIEW GROUP

21 MARCH 2025

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Background

Throughout its 50 years of operation, the Waitangi Tribunal has been required by the Treaty of Waitangi Act 1975 to hear, with few exceptions, all valid claims submitted to it.

Under the Treaty of Waitangi Act 1975, until 1985:

The Tribunal’s jurisdiction was limited to contemporary claims.

• There was an average of 3 claims lodged in accordance with the 1975 Act per annum over 10 years.

The Treaty of Waitangi Amendment Act 1985 amended the 1975 Act, extending the jurisdiction back to 1840 and allowing historical claims. Until 2006: 

• The number of new claims lodged in accordance with the 1975 Act rose steadily from 35 per annum in late 1980s to 74 per annum in 1990s & 2000 until 2006.

To prevent the filing of more historical claims, the Government enacted the Treaty of Waitangi Amendment Act 2006, and this resulted in: 

• A total of 1486 claims filed by July 2008.
• A further 1800 claims filed between 1 July to 1 September 2008.
• An average of 16 claims filed per annum from 2008 until 2018. 

In terms of the Tribunal membership undertaking inquiries into these claims:

• There are 20 members of the Waitangi Tribunal, appointed under s 4(2)(b) of the Treaty of Waitangi Act.
• Further members of the Tribunal are the Chairperson, Deputy Chairperson and Māori Land Court judges who are deemed to be Tribunal members when appointed as presiding officers for inquiries. We note that the work of the Chair, Deputy Chair and MLC judges is covered by their judicial salaries, and accordingly are cost neutral in terms of the Tribunal’s current budget. 

As can be seen, since its jurisdiction was extended back to 1840 in 1985, the number of claims has far outstripped the Tribunal’s capacity to hear each claim individually. 

Since the mid-1990s, the Tribunal has therefore grouped related claims for joint inquiry, first in district inquiries into mainly historical claims, and more recently in thematic kaupapa inquiries into mainly contemporary issues. 

Strategic Direction 2014-2025

Launched in July 2014, the Waitangi Tribunal’s Strategic Direction 2014-2025 signalled a coming shift in its inquiry programme. Since the mid-1990s, the Tribunal had concentrated its effort on its district inquiry programme, focusing primarily on historical, and regionally based, Treaty grievances. By 2014, it was progressing what it expected to be its final six district inquiries. The Tribunal had long recognised that the desire to bring closure to historical claims was a shared priority for both Māori and the Crown. The Tribunal also acknowledged, however, that many registered claims awaiting hearing lay outside the scope of the district inquiries.

These included:

• Many claims, especially those raising historical issues, that had been submitted too late for inclusion in the relevant district inquiries or related to a district that had not seen a district inquiry;
• Claims about kaupapa issues of national significance affecting Māori as a whole in similar ways; and
• More recent contemporary claims about specific and/or local issues.

The Tribunal decided to adopt a comprehensive approach that provided a framework for all of these claims to be heard. The Tribunal’s work programme was subsequently expanded from a focus on district inquiries to establish three new inquiry pathways:

1. Kaupapa inquiry programme (2015), grouping together claims that raised nationally significant issues affecting Māori as a whole in similar ways, covering both historical and contemporary claims and prioritising the order in which they were to be heard;
2. A standing panel for remaining historical claims (2018) which were filed after the relevant district inquiry or in districts where there had been no inquiry; and
3. A pathway to hear the backlog of specific and local contemporary claims.

Strategic Goals

In 2014 the Tribunal set five strategic goals:

• SG1 Complete the final district inquiries and remaining historical claims by 2020.
• SG2 Progress high-priority kaupapa claims by 2020, including those likely to be included in historical Treaty settlements.
• SG3 Substantially advance or complete the remaining kaupapa claims by 2025.
• SG4 Address remaining contemporary claims.
• SG5 Address claims granted urgency, in particular those arising from the Treaty settlement process.

These goals were revised in 2020. You can review these documents at  Tribunal Strategy | Waitangi Tribunal.

Strategic Review 2024-2025

In 2024, to complete a thorough assessment of how the Waitangi Tribunal was implementing its strategic goals, a review group was appointed by the Chairperson.  The co-chairs were selected by the New Zealand Law Society and the Māori Law Society.  Other members were selected based on their depth of experience and their knowledge of Waitangi Tribunal processes.  The members selected were:

• Tā Taihakurei Eddie Durie, Pou Ārahi/Patron
• Matanuku Mahuika and Dr Season-Mary Downs, co-chairs
• Lady Tureiti Moxon and Paul Morgan, claimant representatives 
• Annette Sykes and Jamie Ferguson, claimant counsel representatives 
• Andrew Irwin and Craig Linkhorn, barristers who have acted for the Crown in the past.[1]
• Judges Sarah Reeves and Miharo Armstrong, Waitangi Tribunal presiding officers 
• Kim Ngarimu and Dr Paul Hamer, Waitangi Tribunal members 

The Review Group’s terms of reference required it ‘to evaluate whether the work plan outlined in the Strategic Direction (as amended in 2020) continues to be suitable for the Waitangi Tribunal's current and future needs.’ It was ‘to focus on the Tribunal's short- and long-term objectives, including its approach to completing the historical and kaupapa claims programmes and determining its future role.’ The review was to cover:

• The work completed by the Waitangi Tribunal to date;
• The Waitangi Tribunal’s current workplan, including how it prioritises its inquiry programmes;
• Current procedures, including the Tribunal’s Guide to Practice and Procedure;
• Waitangi Tribunal panel membership and structure; and
• How the Waitangi Tribunal can best utilise the presiding officers and members to more effectively execute the strategic direction.

The Group was to give particular attention to: 

• identifying and recommending key Waitangi Tribunal stakeholders, including claimants, counsel and community groups; 
• engaging with and consulting the stakeholders ‘to identify whether any new procedures should be adopted or legislative reform recommended to facilitate completion of claims before the tribunal’. 

The Group was to report to the Chairperson of the Waitangi Tribunal and the Director of the Waitangi Tribunal Unit, who will exercise oversight. The outputs of the review were to comprise: 

• a detailed report summarising the Review Group’s analysis, findings and recommendations; 
• a revised draft of the Waitangi Tribunal’s Strategic Direction for the next decade 2025-2035, reflecting the conclusions of the review. 

On 21 March 2025 the Group produced its report (link below). That report is a comprehensive and insightful analysis of the history of the Waitangi Tribunal’s work programme and the progress made to achieve its strategic goals. I note that to date the Tribunal has reported on most historical claims before it, with its district inquiry reports covering 83% of the New Zealand land base. By the end of the district inquiry programme it will have reported on claims covering 91% of the land base, with the remaining area covered by claims that have been settled through direct negotiated settlements with the Crown.

The Review Group’s Report begins with a summary of the group’s recommendations.  Most of these can be implemented internally within the organisation. 

Notably the Group has not produced a draft Strategic Direction. The Tribunal will now move to consider the Group’s recommendations and to finalise a Strategic Direction to cover the period 2025-2035. 

We wish to thank the Review Group for the tremendous effort they put into completing this work.

Dr Caren Fox
Chief Judge, Māori Land Court
Chairperson, Waitangi Tribunal