Te Tiriti o Waitangi

Te Tiriti o Waitangi

Tiriti o Waitangi Historical Claims

The Treaty of Waitangi Act allows any Māori to bring a claim to the Waitangi Tribunal if they feel that a Crown act, or failure to act, breaches Te Tiriti o Waitangi and its principles. Following an amendment to the Act, no more claims can be made relating to things the Crown did before 1 September 1992. However, many existing claims do not have legal representation, and there are many more claims which were lodged but which require some further information to get them registered with the Tribunal.  We can help claimants with both.

Other work we can do includes:

• Amending an existing claim so that it can participate in a kaupapa (thematic)  inquiry
• Representing an existing claim in one of the current or pending Tribunal historical inquiries such as Porirua ki Manawatu, Taihape or Eastern Bay of Plenty Inquiries
• If the claim already has an MIR reference from the Tribunal, helping to complete the requirements of the Act and have that claim registered

The Tribunal has also recently created a process to hear claims in areas and about issues which have already been reported on but which missed out on being heard. If a claim falls into this category, we can represent the claim and assist in the hearings process.

Te Tiriti o Waitangi

Tiriti o Waitangi Kaupapa Inquiries

Kaupapa (thematic) inquiries are not specific to any district. They deal with nationally significant issues affecting Māori as a whole.  The kaupapa inquiries which the Tribunal is presently dealing with relate to Military Veterans and Health issues.  We can help claimants participate in these inquiries either by representing an existing claim, or by filing a new claim where the matters raised in the claim happened after 1 September 1992.  

The issues to be explored by the Tribunal are as follows (in order of when they will be heard).  

• Māori Military Veterans
• Constitution, self government and electoral system
• Health services and outcomes
• Mana Wahine and Mana Tane
• Education services and outcomes
• Identity and culture
• Natural resources and environmental management
• Social services, social development and housing
• Economic development
• Justice system
• Citizenship rights and equality.

Te Tiriti o Waitangi

Tiriti o Waitangi Urgency Claims and Contemporary Claims

The Waitangi Tribunal is able to hear claims on an urgent basis. To qualify for an urgent hearing, a claimant must be suffering significant and irreversible harm because of something the Crown has done or is doing, and they must be unable to resolve the matter in any other way.  A common complaint is that the Crown is entering into an agreement to settle the Treaty claim without the claimant’s agreement. We have experience representing claimants in urgent inquiries.  If you feel that something the Crown is doing or has done might need an urgent hearing in the Waitangi Tribunal, please talk to us about what we can do to help you.   The claim might not reach the standard required to need an Urgent Hearing, however, it may still be possible to make a Contemporary Claim.  A Contemporary Claim is a challenge to something the Crown has or hasn’t done since 1 September 1992.  We can draft a statement of claim setting out the concerns and have this registered in the Waitangi Tribunal.

Te Tiriti o Waitangi

Tiriti o Waitangi Settlements

A Treaty settlement with the Crown is a significant milestone in the history of an iwi or hapu.  It provides the basis for moving forward to a prosperous future, as well as resolving past harms.  It is important that a settlement reflects the full extent of the harm caused by Crown actions, and that the historical account of the Crown’s actions is accurately recorded.  It is also crucial that all land and sites of significance are returned or acknowledged where appropriate.  

Drawing on our collective years of knowledge in acting for Māori, we can help to negotiate the best settlement for iwi or hapu which will provide a springboard into a successful future.  We also have the benefit of a skilled commercial team in our firm to assist us.

Te Tiriti o Waitangi

Wāhi Tapu and Taonga Tuturu

Under the Protected Objects Act 1975, all Taonga Tuturu are, in the first instance, owned by the Crown until ownership of the taonga is decided by the Māori Land Court.  We can assist you by providing advice in relation to recovering Taonga Tuturu, including dealing with the Ministry of Cultural Affairs and any applications before the Māori Land Court.

Wāhi tapu can be protected and managed in a number of ways.  We can provide assistance and guidance with the process to apply to have a wahi tapu listed on the New Zealand Heritage List.  There is also funding available for Marae conservation through Heritage New Zealand which we can assist you to apply for.

Te Tiriti o Waitangi

Māori Land

The administration and development of Māori land is an issue which occupies the time of whanau, hapu and iwi throughout the country.  The Māori Land Court is the forum where all of the disputes and problems relating to Māori land are settled.  We can provide advice and representation in the Court which will ensure that the best possible outcome is obtained. Some of the particular issues we deal with include:

• Applications to partition or exchange Māori land
• Applications to succeed to interests in Māori land
• Concerns regarding the administration of Māori land
• Access issues relating to landlocked land

Many Māori land trusts and organisations have difficulties around governance. We can give you advice on how to set up the right structure for your situation, and how to ensure that your organisation runs smoothly and effectively and in compliance with the law.

Te Tiriti o Waitangi

Marine and Coastal Act (MACA)

April 2017 was the deadline for all claims of customary interest by Māori in the marine and coastal area.  There was a choice between directly negotiating these interests with the Crown, or applying to the High Court for them to determine the customary interest.  

If you have made an application by either method we can help to progress this by:

• Negotiating with the Crown on behalf of iwi or hapu
• Providing representation in the High Court in MACA proceedings
• Providing representation in the High Court in relation to an overlapping application

Te Tiriti o Waitangi

Public Law

Law reform is another important issue for Māori, and we can advise you on how best to navigate the parliamentary process, make submissions and work with Ministers, Crown entities and Government departments. We assist in the development of regulatory and policy frameworks from beginning to end.

Te Tiriti o Waitangi

Environmental / Resource Management

The Resource Management Act 1991 is a large and complex piece of legislation.  The process of objecting to resource consents or challenging a decision of a local authority can quickly become expensive and complex to manage.  The role of kaitiaki requires Māori to step in when the environment is under threat. However, it is not an easy path to take.  We can provide assistance with drafting submissions against notified consents, and if you want to go further, we can advise you of your ability to challenge decisions in the Environment Court.  We also advise clients in relation to freshwater issues, for example making a Water Conservation Order.