Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 provides for the bill to come into force on the day after the date on which it receives the Royal assent.

Clause 3 indicates that the principal Act being amended is the Treaty of Waitangi Act 1975.

Clause 4 states the purpose of the bill is to remove from the Treaty of Waitangi Act 1975 the ability for serving Judges of the High Court or Maori Land Court (including the Chief Judge of the Maori Land Court) to serve as members of the Waitangi Tribunal.

Clause 5 amends section 4. It repeals and replaces subsection (2)(a) to clarify that part of the membership of the Tribunal consists of a retired Judge of the High Court or a retired Chief Judge of the Maori Land Court, and that that retired Judge will be both a member of the Tribunal and its Chairperson. It also repeals subsection (2C), which is no longer required, as it relates to the ability of the serving Chief Judge of the Maori Land Court to hold office as the Chairperson of the Tribunal if the Judge ceases to hold office as the Chief Judge during his or her appointment as Chairperson of the Tribunal.

Clause 6 amends section 4A by repealing and replacing subsection (1) to provide that the Chairperson of the Tribunal may from time to time appoint a retired Judge (including a retired Chief Judge) of the Maori Land Court as the deputy of the Chairperson of the Tribunal.

Clause 7 amends the Second Schedule to ensure that clauses relating to sittings of the Tribunal, the appointment of a replacement presiding officer, and the conditions applying to replacement appointments refer to a “retired” Judge of the Maori Land Court.