By The Daily Examiner’s Mike Bain.

The Government on Friday announced a review of the Treaty of Waitangi Act 1975, aiming to ensure the Waitangi Tribunal remains effective in serving the interests of Māori and all New Zealanders into the future, Māori Development Minister Tama Potaka says.

However, the move has sparked debate, with supporters arguing it will restore the Tribunal’s original intent, while critics warn it could undermine Māori rights and Treaty protections.

The Waitangi Tribunal was established in 1975 under the Treaty of Waitangi Act, introduced by then-Māori Affairs Minister Matiu Rata.

Initially, the Tribunal was limited to investigating contemporary claims, but in 1985, its jurisdiction was expanded to include historical grievances dating back to 1840.

Over the decades, the Tribunal has played a crucial role in shaping the Māori-Crown relationship and informing Treaty settlements.

The coalition agreement between New Zealand First and the National Party includes a commitment to refocus the Tribunal’s scope, purpose, and nature back to its original intent.

“Over the past 50 years, the Tribunal has made significant contributions to the Māori-Crown relationship and informed the settlement of both historical and contemporary Treaty claims impacting generations of whānau across the country,” Mr. Potaka says.

Supporters of the review, including NZ First Minister Shane Jones, argue that the Tribunal has overstepped its mandate in recent years.

“The Tribunal was never meant to be a parallel government,” Jones has previously stated, criticizing its involvement in policy debates.

ACT Leader David Seymour is welcoming the announcement of a review of the Waitangi Tribunal to refocus the scope, purpose, and nature of its inquiries.

“ACT supports the completion of full and final historic Treaty settlements as a pragmatic way to resolve past injustices, but the Waitangi Tribunal has gone well beyond its brief and has become increasingly activist.

“It’s tried to become a source of authority in its own right and appears to regard itself as a parallel government that can intervene in the democratically elected Government’s policymaking process – like during the Treaty Principles Bill debate.

“It’s time to put the Tribunal in its place.

“We also need to define in law what the Treaty principles mean so that the Treaty is interpreted and applied in a manner that reflects what it actually says: all New Zealanders have the same rights and duties.

“The Tribunal’s recent conduct is one reason why we need the Treaty Principles Bill. While some politicians weren’t ready for that debate, ACT will continue pushing for all New Zealanders to be equal before the law, not a partnership between races.”

However, opposition parties and Māori leaders warn that the review could weaken Treaty protections.

Green Party MP Elizabeth Kerekere argues that the Tribunal’s expanded role has been essential in addressing systemic injustices. “This review risks rolling back decades of progress in recognizing Māori rights,” she says.

Labour MP Willie Jackson expressed concerns, stating that any attempt to limit the Tribunal’s scope could undermine its ability to hold the Government accountable for Treaty breaches.

An Independent Technical Advisory Group (ITAG) will lead the review, supported by Te Puni Kōkiri.

The ITAG, chaired by legal expert Bruce Gray KC, includes senior public servant Kararaina Calcott-Cribb, lawyer David Cochrane, and respected Māori leader Dion Tuuta.

The review will assess whether the Act provides clarity around the Tribunal’s jurisdiction, how different types of claims are managed, and how the legislation aligns with other laws.

“The ITAG will engage directly with peak Māori and Iwi entities, Treaty law experts, and current and former Tribunal members to ensure that the right voices and perspectives are reflected in the recommendations they provide to ministers at the end of their review,” says Mr. Potaka.

With engagement set to begin in mid-2025, the review is expected to be completed by September, with legislative proposals introduced before the end of the year.

While the Government insists the review will strengthen the Tribunal’s effectiveness, critics remain wary of its potential impact on Māori rights and Treaty obligations.