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In the 1980s, funding was allocated by New Zealand’s department of Māori affairs to support language advocacy groups in their initiatives. Huirangi Waikerepuru, a teacher from Wellington, utilized these funds to challenge government actions regarding the Māori language.
Waikerepuru brought his concerns to the Waitangi Tribunal, an institution established in 1975 in response to a surge of Māori activism aimed at addressing historical injustices. This body was tasked with assessing whether the principles of the Treaty of Waitangi, New Zealand’s foundational document, were being upheld.
His claim was notably broad; he sought to establish that Māori should be recognized on equal footing with English. He lodged a complaint representing the interests of all Māori people against every level of government, challenging over a century’s worth of policies that had marginalized the Māori language. Waikerepuru highlighted the failures of various government entities, from education systems that discouraged Māori language use to state media that excluded it from broadcasts.
Treaty lawyer Annette Sykes, who participated in the proceedings, recalls, “Every government department had engaged its own legal counsel. We lacked financial resources but were driven by our conviction and belief in our cause.”
Throughout the hearings, community members shared their stories — from elders punished for speaking Māori in schools to youth asserting their right to their language. They collectively argued that the language represented a cultural treasure safeguarded by the treaty.
Ambitious aims: Huirangi Waikerepuru in 2003. Photograph: Rob Tucker/Getty Images
Waikerepuru’s assertion spurred governmental response and played a pivotal role in the resurgence of the Māori language, underlining the tribunal’s influence on Indigenous rights and policymaking.
As the tribunal approaches its 50th anniversary, discussions have sparked regarding its future role. The current coalition government has expressed intentions to re-evaluate the tribunal’s operations, seeking to refine its focus, raising concerns among critics about the potential curtailment of a vital channel for Indigenous advocacy.
Shane Jones, NZ First’s minister for Māori affairs, communicated to the Guardian that he views the tribunal as a “potential obstacle” to legislative progress.
“While the Waitangi Tribunal maintains a significant role, we believe it should not have to function as a highly litigious forum, which it has evolved into,” he noted.
Understanding the Tribunal’s Operations
The Waitangi Tribunal conducts investigations led by judges alongside panels comprising Māori and non-Māori experts. It produces extensive reports with recommendations that, though non-binding, exert considerable influence on government policy. Historically, the government has often disregarded these recommendations.
Over the past 50 years, the tribunal has considered a wide array of topics, including land rights and intellectual property issues. Its work has unveiled stark disparities in health and education while prompting significant policy reexaminations regarding fisheries and environmental matters.
In 1977, the Ngāti Whātua tribe staged a notable protest against a government plan to sell a site known as Takaparawhau/Bastion Point, occupying it for 506 days until police intervened. An inquiry by the tribunal in 1988 ultimately recognized the wrongdoing against the tribe, leading to a return of the land along with compensation.
Since the new government’s inauguration in 2023, an unprecedented number of claims have been registered with the tribunal regarding various policies, such as the dismantling of a Māori health authority and the elimination of Māori representation on local councils. Recently, a bill aimed at redefining treaty principles was rejected in Parliament.
While the tribunal’s recommendations lack legal force, its historical inquiries have compelled successive administrations to engage in negotiations and agreements with iwi (tribes), reaffirming its significance.
Judge Sir Edward Taihakurei Durie (standing) chaired the Waitangi Tribunal from 1980 to 2004, overseeing many landmark claims. Here, he addresses attendees at Auckland’s Ōrākei marae (meeting house) in 1985 during hearings that examined the land dispossession of a major urban tribe. Photograph: Gil Hanly
In 1986, the tribunal published a report on Waikerepuru’s language claim, affirming that the Māori language constituted a cultural treasure that the government was obligated to protect and promote. This led to significant strides, including the establishment of te reo Māori as an official language and the creation of a language commission to support its preservation and promotion.
Sykes reflects, “The transformative impact of that claim on the Māori language revitalization movement was beyond what we could have anticipated, but it became a powerful catalyst.”
The tribunal was born out of prolonged calls by Māori for the Crown to uphold the Treaty of Waitangi. Although the treaty is succinct, with merely three clauses ensuring a governing structure while preserving Māori autonomy, its implementation has been contentious since its rushed inception in 1840, which resulted in conflicting English versions and a Māori translation that did not align with them.
The 19th century was fraught with violations of the treaty, highlighted by conflicts and rampant land speculation. By the 1970s, the Māori protest movement intensified, with various forms of activism such as petitions, land marches, and occupations pressing the government to address these issues.
The Waitangi Sheet of the Treaty of Waitangi, signed between the British Crown and various Māori chiefs in 1840. Photograph: Public Domain
In 1975, then-Labour MP Matiu Rata introduced legislation to incorporate the treaty into New Zealand law for the first time. Although he initially aimed for a legally enforceable treaty, he settled for the establishment of a permanent commission of inquiry that allowed Māori to submit claims if they believed the government had acted contrary to the treaty’s principles.
Sykes emphasized that this move was not merely altruistic on the part of the Crown but rather a reluctant reaction to mounting activism during a politically charged decade.
Reviewing the Tribunal’s Future
The future role of the Waitangi Tribunal remains uncertain. Jones assured that the coalition does not intend to disband it, but outlines for a review are currently under development and expected to be implemented within the year.
“The Waitangi Tribunal has been seen for the last 30 years as the forefront of Māori advocacy,” Jones stated. “It needs to transition into a platform for dialogue and collaboration rather than remaining an adversarial institution.”
As the tribunal nears completion of its historic inquiries, much of its focus is now shifting towards contemporary policies. It also examines constitutional matters, including the 2015 conclusion that Māori had never ceded their sovereignty.
Jones argues that the tribunal has largely accomplished its original historical objectives, helping present generations confront past injustices, and is now pivoting towards contemporary policy issues.
Nonetheless, with relations between Māori and the Crown currently strained following protests in the previous year, skepticism regarding proposed changes is palpable, according to Luke Fitzmaurice-Brown, a law lecturer at Victoria University.
“There has been a unified response from Māori communities regarding the tribunal, and any changes are likely to provoke further collective action,” he stated.
In November 2024, protests were held outside parliament against government policy proposals that were perceived to roll back Māori rights. Photograph: Mark Tantrum/AP
Fitzmaurice-Brown contends that any assertions about the tribunal deviating from its initial purpose are inaccurate, as it has consistently addressed contemporary government policies. He notes that the push to revert to the tribunal’s original framework may be more about questioning its existence altogether.
“We have yet to see any government fully honor te tiriti [the treaty], and until that commitment is made, the tribunal’s function will persist,” he asserted.
The surge of inquiries in the recent 18 months indicates that many Māori still view the tribunal as a crucial instrument in advocating for their rights. Four decades after her involvement in the language claim, Sykes continues to vigorously represent claimants within the tribunal’s processes.
“The promises made to them by the colonizers, which are enshrined in the treaty, are still expected to be honored,” she concluded.
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