Treaty of Waitangi Act 1975

  • This version was replaced on 27 April 2017 to make corrections to sections 8A(2), 8E(4)(b), and 8G(3)(c) under section 25(1)(i) and (j)(ii) and (iv) of the Legislation Act 2012.
6 Jurisdiction of Tribunal to consider claims

(1)

Where any Maori claims that he or she, or any group of Maoris of which he or she is a member, is or is likely to be prejudicially affected—

(a)

by any ordinance of the General Legislative Council of New Zealand, or any ordinance of the Provincial Legislative Council of New Munster, or any provincial ordinance, or any Act (whether or not still in force), passed at any time on or after 6 February 1840; or

(b)

by any regulations, order, proclamation, notice, or other statutory instrument made, issued, or given at any time on or after 6 February 1840 under any ordinance or Act referred to in paragraph (a); or

(c)

by any policy or practice (whether or not still in force) adopted by or on behalf of the Crown, or by any policy or practice proposed to be adopted by or on behalf of the Crown; or

(d)

by any act done or omitted at any time on or after 6 February 1840, or proposed to be done or omitted, by or on behalf of the Crown,—

and that the ordinance or Act, or the regulations, order, proclamation, notice, or other statutory instrument, or the policy or practice, or the act or omission, was or is inconsistent with the principles of the Treaty, he or she may submit that claim to the Tribunal under this section.

(2)

The Tribunal must inquire into every claim submitted to it under subsection (1), unless—

(a)

the claim is submitted contrary to section 6AA(1); or

(b)

section 7 applies.

(3)

If the Tribunal finds that any claim submitted to it under this section is well-founded it may, if it thinks fit having regard to all the circumstances of the case, recommend to the Crown that action be taken to compensate for or remove the prejudice or to prevent other persons from being similarly affected in the future.

(4)

A recommendation under subsection (3) may be in general terms or may indicate in specific terms the action which, in the opinion of the Tribunal, the Crown should take.

(4A)

Subject to sections 8A to 8I, the Tribunal shall not recommend under subsection (3),—

(a)

the return to Maori ownership of any private land; or

(b)

the acquisition by the Crown of any private land.

(5)

The Tribunal shall cause a sealed copy of its findings and recommendation (if any) with regard to any claim to be served on—

(a)

the claimant:

(b)

the Minister of Maori Affairs and such other Ministers of the Crown as in the opinion of the Tribunal have an interest in the claim:

(c)

such other persons as the Tribunal thinks fit.

(6)

Nothing in this section shall confer any jurisdiction on the Tribunal in respect of any Bill that has been introduced into the House of Representatives unless the Bill has been referred to the Tribunal pursuant to section 8.

(7)

Notwithstanding anything in this Act or any other Act or rule of law, on and from the commencement of this subsection the Tribunal shall not have jurisdiction to inquire or further inquire into, or to make any finding or recommendation in respect of,—

(a)

commercial fishing or commercial fisheries (within the meaning of the Fisheries Act 1983); or

(b)

the Deed of Settlement between the Crown and Maori dated 23 September 1992; or

(c)

any enactment, to the extent that it relates to such commercial fishing or commercial fisheries.

(8)

Despite anything in this Act or in any other Act or rule of law,—

(a)

the jurisdiction of the Tribunal is subject to the enactments listed in Schedule 3; and

(b)

without limiting paragraph (a), the Tribunal does not have jurisdiction, in relation to licensed land (within the meaning of the Crown Forest Assets Act 1989) in the takiwā of Ngāi Tahu Whānui, to make a recommendation for compensation or for the return of the land to Māori ownership.

(9)

[Repealed]

(10)

[Repealed]

(11)

[Repealed]

(12)

[Repealed]

(13)

[Repealed]

(14)

[Repealed]

(15)

[Repealed]

(16)

[Repealed]

(17)

[Repealed]

(18)

[Repealed]

(19)

[Repealed]

(20)

[Repealed]

(21)

[Repealed]

(22)

[Repealed]

(23)

[Repealed]

(24)

[Repealed]

(25)

[Repealed]

(26)

[Repealed]

(27)

[Repealed]

(28)

[Repealed]

(29)

[Repealed]

(30)

[Repealed]

(31)

[Repealed]

(32)

[Repealed]

Compare: 1998 No 97 s 462; 1999 No 118 s 10

Section 6(1): replaced, on 6 January 1986, by section 3(1) of the Treaty of Waitangi Amendment Act 1985 (1985 No 148).

Section 6(2): replaced, on 13 December 2006, by section 5 of the Treaty of Waitangi Amendment Act 2006 (2006 No 77).

Section 6(4A): inserted, on 20 August 1993, by section 3 of the Treaty of Waitangi Amendment Act 1993 (1993 No 92).

Section 6(6): replaced, on 6 January 1986, by section 3(2) of the Treaty of Waitangi Amendment Act 1985 (1985 No 148).

Section 6(7): inserted, on 23 December 1992, by section 40 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 (1992 No 121).

Section 6(8): replaced, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(9): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(10): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(11): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(12): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(13): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(14): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(15): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(16): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(17): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(18): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(19): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(20): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(21): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(22): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(23): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(24): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(25): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(26): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(27): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(28): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(29): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(30): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(31): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6(32): repealed, on 23 May 2008, by section 5 of the Treaty of Waitangi Amendment Act 2008 (2008 No 34).

Section 6 compare note: inserted, on 1 March 2001, by section 13 of the Pouakani Claims Settlement Act 2000 (2000 No 90).