Treaty of Waitangi Act 1975

6AA Limitation of Tribunal’s jurisdiction in relation to historical Treaty claims


Despite section 6(1), after 1 September 2008 no Maori may—


submit a claim to the Tribunal that is, or includes, a historical Treaty claim; or


amend a claim already submitted to the Tribunal that is not, or does not include, a historical Treaty claim by including a historical Treaty claim.


However, subsection (1) does not prevent a historical Treaty claim submitted to the Tribunal on or before 1 September 2008 from being amended in any way after 1 September 2008.


The Tribunal does not have jurisdiction (including, but not limited to, the jurisdiction to inquire or further inquire into, or to make any finding or recommendation) in respect of a historical Treaty claim that is—


submitted contrary to subsection (1)(a); or


included in a claim contrary to subsection (1)(b).


To avoid doubt, if a claim is submitted to the Tribunal contrary to subsection (1), it must be treated for all purposes (including, for example, for the purposes of sections 8A(2), 8C(1), 8HB(1), 8HD(1), and 8HJ) as not having been submitted.

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