Claims made to the Waitangi Tribunal are allegations that the Crown (the central government) breached te Tiriti o Waitangi by particular actions or inactions (including laws or policies) causing Māori to be “prejudicially affected” – that is, to suffer some kind of loss or harm or otherwise be negatively affected.

A Treaty claim can be about a specific area of land, but it can also be about a broader issue or government policy that Māori believe is unfair. For example, Māori have submitted claims about confiscated lands, but also about te reo Māori, Māori broadcasting, and fisheries.

Treaty of Waitangi Act 1975, ss 2 (definition of “Māori”), 6, 7

You must have Māori whakapapa if you want to make a claim to the Waitangi Tribunal. Your claim should specify your group, hapū or iwi.

Once you’ve lodged your claim you and your whānau claiming with you become known as the “claimants”.

A group of claimants can be represented by one or more individuals, so long as the group all have Māori whakapapa. If, as a group, you’ve decided you will be represented by one or more individuals from your group or by some other representative, it’s a good idea to tell the Tribunal clearly how you came to that decision, as mandate and representation issues commonly arise in Tribunal cases.

Treaty of Waitangi Act 1975, s 6

No, you can’t bring a Waitangi Tribunal claim directly against a private company or individual. A claim must relate to acts or omissions of the Crown.

However, you may be able to reframe an issue as being about an action or omission by the Crown, and this may allow you to make a Waitangi Tribunal claim. For example, if a private oil company is doing offshore drilling, you may be able to get the Waitangi Tribunal to investigate the processes through which the company got their drilling permits from the Crown, including any policy that the Crown has adopted.

Similarly, you cannot make a claim against a private landowner, even if their land had, many years earlier, been confiscated or acquired dishonestly by the Crown from Māori. However, you can make a claim against the Crown in relation to how it took the land. This has been the case for many iwi groups bringing claims about land. While privately-owned whenua cannot be returned through the settlements process, the Crown has provided compensation in other forms.

Treaty of Waitangi Act 1975, s 6

There is some dispute about whether local government is part of the Crown. However, local governments (including city, district and regional councils) operate under laws made by Parliament and exercise powers that are delegated to them by the Crown. The Tribunal, therefore, regularly considers claims and makes findings in relation to acts and omissions by local government.

The Tribunal takes a similar approach in relation to other public sector bodies that exercise authority on behalf of the Crown.

Treaty of Waitangi Act 1975, s 7 Legal Services Act 2011, s 7

You can get help from a lawyer that specialises in Treaty issues to submit a claim on your behalf, or you can submit a claim yourself.

Legal Aid is available for claimants to the Tribunal, to pay for the cost of hiring a lawyer.

To start the process of submitting a claim, you can either:

• call the Tribunal office for queries, or
• email them at WT.Registrar@justice.govt.nz.

You can send your completed claim to the Tribunal by:

• emailing it to: WT.Registrar@justice.govt.nz, or
• posting it to: Waitangi Tribunal, DX SX 11237, Wellington, New Zealand, or
• delivering it in person to the Tribunal at: Level 7, Fujitsu Tower, 141 The Terrace, Wellington, New Zealand.