New Members for the Waitangi Tribunal
20 September 2001 Media Statement
New Members for
the Waitangi Tribunal
Mäori Affairs Minister Hon Parekura
Horomia announced the appointment of a highly experienced
public service chief executive and a Christchurch historian
to the Waitangi Tribunal today.
Dame Margaret Bazley and
Dr Ann Parsonson are new appointments to the Tribunal, while
current members Professor Wharehuia Milroy and the Hon Dr
Michael Bassett have been reappointed. All appointments are
for a three-year term.
‘I am delighted to be able to
appoint people of this calibre to the Waitangi Tribunal.
Dame Margaret brings her extensive and wide-ranging
knowledge of the machinery of government to the Tribunal,
while Dr Parsonson's research and analytical skills will be
invaluable as members hear and consider historical and
contemporary claims and evidence," said Mr Horomia.
Dame Margaret was acting as Chief Executive of the
Department of Work and Income until the end of this month
(Sept 2001). She has also held senior management positions
in the Ministry of Social Policy, the Fire Service
Commission and the State Services Commission. In
recognition of her efforts, Dame Margaret was appointed a
Dame Companion of the New Zealand Order of Merit in 1999.
Dr Ann Parsonson, an experienced and reputable
historian, is a Senior Lecturer in History at the University
of Canterbury and a Senior Fellow in the School of Mäori and
Pacific Development at the University of Waikato.
The
Minister of Mäori Affairs thanked the outgoing Tribunal
members Pamela Ringwood and Josephine Anderson.
"Ms
Ringwood has been a tribunal member since 1993 and she
continues to serve on the Wai 262 Flora and Fauna and the
Northern South Island inquiries. Ms Anderson has completed
one term. During that time, their commitment to the work of
the Tribunal has been outstanding, and their influence will
continue to be felt’, said Mr Horomia.
BACKGROUNDER
What is the Tribunal?
The Waitangi
Tribunal is a commission of inquiry established to inquire
into and report on claims against the Crown under the Treaty
of Waitangi.
Who makes up the Tribunal?
The Tribunal
has 16 members plus a Chairperson and Deputy Chairman.
Roughly half the members are Maori, and half are Pakeha.
Members are appointed on the recommendation of the Minister
of Maori Affairs, after consultation with the Minister of
Justice. Maori Land Court Judges can preside in Waitangi
Tribunal inquiries.
The current members are Justice E T J Durie (Chair), Chief Judge Joe Williams (Deputy Chairman), John Baird, Hon Dr Michael Bassett, Dame Margaret Bazley, John Clarke, Brian Corban, Judge R R Kearney, Areta Koopu, Roger Maaka, Wharehuia Milroy, Joanne Morris, Dr Ann Parsonson and Dr Pita Sharples, Professor Keith Sorrenson, Rangitihi Tahuparae, Keita Walker, Dame Augusta Wallace.
Deputy Chief Judge Wilson Isaac and Judge Carrie Wainwright are currently presiding over inquiries. Some former Tribunal members, whose warrants have expired, continue in office until proceeding they are hearing are completed.
What does the Tribunal do?
The Tribunal
can examine any claim by Maori people that they have been
prejudiced by laws and regulations, or by acts, omissions,
policies or practices of the government since 1840 that are
inconsistent with the principles of the Treaty.
It makes
findings on whether, and how, the principles of the Treaty
have been breached. It may then recommend what could be
done to compensate the
claimants or to remove the harm
they are suffering. These recommendations must be
practical.
Who can make claims to the Tribunal?
Claimants must be Maori. Claims must be brought by an
individual or individuals who in turn may claim on behalf of
a group.
What are the claims about?
Claims can only
be made against legislation or the Crown - not against
private individuals. They can be historical - for instance,
where people claim compensation for confiscated land, or
contemporary - for instance, where claimants say current
government policy is in breach of Treaty principles.
Does
the Tribunal hear claims about private land?
Yes, but
generally the Tribunal cannot recommend that private land be
used for the settlement of claims.
How are claims
settled?
Generally, the Tribunal is not involved in
settling claims. A settlement normally arises out of
negotiations between the Crown and claimants. If the
Tribunal has inquired into and reported on a claim, its
findings and any recommendations
provide a platform on
which negotiations can proceed. However, it is also open to
claimants and the Crown to enter direct negotiations without
a Tribunal report.
Does the Government have to do what
the Tribunal recommends?
In most cases, the Tribunal's
recommendations are not binding. However, certain former
Crown lands have a "Treaty of Waitangi Memorial" on their
certificate of title and the Tribunal can make a binding
decision that those lands be returned to Maori ownership.
Where this happens, the landowner receives compensation
under the Public Works Act.
The most common type of land affected by such memorials is land that the Crown has transferred to state-owned enterprises. The memorial remains on the title even if the land is subsequently sold to a private owner. The Tribunal can also make binding decisions in respect of Crown forest land.
Where are Tribunal
hearings held?
The Tribunal can hold hearings anywhere.
Often they are on marae, but they may also be in public
halls, schools, courtrooms or conference rooms. As a
commission of inquiry, the Tribunal has the power to adopt
flexible procedures.
Who can go to hearings?
Tribunal
hearings are open to the public so anyone can go along.