New Zealand Legislation: Acts

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) of this section 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 Department for Courts 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 to this Act shall have effect in relation to the Tribunal and its proceedings.

  Subsection (2) was substituted, as from 6 January 1986, by section 2(1) Treaty of Waitangi Amendment Act 1985 (1985 No 148).

  Subsection (2) was substituted, as from 1 January 1989, by section 2(1) Treaty of Waitangi Amendment Act 1988 (1988 No 233). See section 10(1) and (2) Treaty of Waitangi Amendment Act 1988 (1988 No 233) for the transitional provisions.

  Subsection (2)(a) was substituted, as from 11 December 1998, by section 2(1) Treaty of Waitangi Amendment Act 1998 (1998 No 113). See section 5 of that Act as to the continuation in office of the Chairperson of the Tribunal.

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

  Subsection (2A) was inserted, as from 6 January 1986, by section 2(1) Treaty of Waitangi Amendment Act 1985 (1985 No 148).

  Subsection (2A) was substituted, as from 1 January 1989, by section 2(1) Treaty of Waitangi Amendment Act 1988 (1988 No 233). See section 10(1) and (2) Treaty of Waitangi Amendment Act 1988 (1988 No 233) for the transitional provisions.

  Subsections (2B) and (2C) were inserted, as from 11 December 1998, by section 2(2) Treaty of Waitangi Amendment Act 1998 (1998 No 113).

  Subsection (3) was amended, as from 6 January 1986, by section 2(2) Treaty of Waitangi Amendment Act 1985 (1985 No 148).

  Subsection (3) was substituted, as from 1 January 1989, by section 2(1) Treaty of Waitangi Amendment Act 1988 (1988 No 233). See section 10(1) and (2) Treaty of Waitangi Amendment Act 1988 (1988 No 233) for the transitional provisions.

  In subsection (4), as from 1 April 1988, the reference to the “State Sector Act 1988” replaced a reference to the “State Services Act 1962”, pursuant to section 90(a) State Sector Act 1988 (1988 No 20). As from 1 November 1976, the reference to the “Government Superannuation Fund Act 1956” replaced a reference to the “Superannuation Act 1956”, pursuant to section 3(3) Government Superannuation Fund Amendment Act 1976 (1976 No 30).

  Subsection (5) was amended, as from 23 December 1977, by section 2 Treaty of Waitangi Amendment Act 1977 (1977 No 178) by substituting the word “Justice” for the words “Maori Affairs”.

  Subsection (5) was amended, as from 1 July 1995, by section 10(1) Department of Justice (Restructuring) Act 1995 (1995 No 39) by substituting the words “for Courts” for the words “of Justice”.