4 Waitangi Tribunal

(1)

There is hereby established a tribunal to be known as the Waitangi Tribunal.

(2)

The Tribunal shall consist of—

(a)

a Judge or retired Judge of the High Court or the Chief Judge of the Maori Land Court; and the Judge is both a member of the Tribunal and its Chairperson, and is appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice:

(b)

not less than 2 other members and not more than 20 other members to be appointed by the Governor-General on the recommendation of the Minister of Maori Affairs made after consultation with the Minister of Justice.

(2A)

In considering the suitability of persons for appointment to the Tribunal, the Minister of Maori Affairs—

(a)

shall have regard to the partnership between the 2 parties to the Treaty; and

(b)

shall have regard not only to a person’s personal attributes but also to a person’s knowledge of and experience in the different aspects of matters likely to come before the Tribunal.

(2B)

The Chairperson of the Tribunal appointed under subsection (2)(a) holds office for such term not exceeding 5 years as the Governor-General specifies in the instrument appointing that Chairperson, and the Chairperson may from time to time be reappointed.

(2C)

Where the Chairperson of the Tribunal is the Chief Judge of the Maori Land Court and he or she ceases to hold office as Chief Judge during the term of his or her appointment as Chairperson, that person’s appointment as Chairperson also ceases at that time.

(3)

Every member of the Tribunal appointed under subsection (2)(b) shall hold office for such term as the Governor-General shall specify in his or her appointment, being a term not exceeding 3 years, but may from time to time be reappointed.

(4)

No person shall be deemed to be employed in the service of Her Majesty for the purposes of the State Sector Act 1988 or the Government Superannuation Fund Act 1956 by reason of his being a member of the Tribunal.

(5)

The Ministry of Justice shall furnish such secretarial, recording, and other services as may be necessary to enable the Tribunal to exercise its functions and powers.

(6)

The provisions of Schedule 2 shall have effect in relation to the Tribunal and its proceedings.

Section 4(2): replaced, on 1 January 1989, by section 2(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).

Section 4(2)(a): replaced, on 11 December 1998, by section 2(1) of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).

Section 4(2)(b): amended, on 23 May 2008, by section 4 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 4(2A): replaced, on 1 January 1989, by section 2(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).

Section 4(2B): inserted, on 11 December 1998, by section 2(2) of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).

Section 4(2C): inserted, on 11 December 1998, by section 2(2) of the Treaty of Waitangi Amendment Act 1998 (1998 No 113).

Section 4(3): replaced, on 1 January 1989, by section 2(1) of the Treaty of Waitangi Amendment Act 1988 (1988 No 233).

Section 4(4): amended, on 1 April 1988, pursuant to section 90(a) of the State Sector Act 1988 (1988 No 20).

Section 4(4): amended, on 1 November 1976, pursuant to section 3(3) of the Government Superannuation Fund Amendment Act 1976 (1976 No 30).

Section 4(5): amended, on 1 October 2003, pursuant to section 14(1) of the State Sector Amendment Act 2003 (2003 No 41).