May 2016 Māori Law Review

Waitangi Tribunal procedure – urgent inquiries – mandate recognition – Ngātiwai Trust Board

The Ngātiwai Trust Board Deed of Mandate claim

Waitangi Tribunal (Wai 2544, Wai 745, Wai 2337, Wai 156, Wai 2545, Wai 2546, Wai 2548, Wai 2549, Wai 2550, Wai 2557, and Wai 2181, 2016)

2 May 2016

The Waitangi Tribunal will hold an urgent inquiry into claims that the Crown has caused significant and irreversible prejudice to Ngātiwai. The claims are about the Crown recognising a mandate given to the Ngātiwai Trust Board (NTB) to negotiate a settlement of Ngātiwai historical claims against the Crown.

Download  Wai 2544 - The Ngātiwai Trust Board Deed of Mandate claim (1.1 MB)

Overview and Result

Waitangi Tribunal procedure - urgent inquiries - mandate recognition
Date2 May 2016
CaseWai 2544, the Ngātiwai Trust Board Deed of Mandate claim
CitationWai 2544, #2.5.6; Wai 745, #2.142; Wai 2337, #2.5.5; Wai 156, #2.83; Wai 2545, #2.5.5; Wai 2546, #2.5.5; Wai 2548, #2.5.5; Wai 2549, #2.5.5; Wai 2550, #2.5.5; Wai 2557, #2.5.2; Wai 2181, #2.5.21
TribunalWaitangi Tribunal
Member(s)Judge P Savage
Earlier/later decisions
Legislation citedTreaty of Waitangi Act 1975
Cases cited
Overview and resultThe Waitangi Tribunal granted an urgent inquiry, subject to conditions, into claims that the Crown's decisions recognising that the Ngātiwai Trust Board (NTB) has  a mandate to negotiate a settlement of historical claims will result in significant and irreversible prejudice to Ngātiwai. The claimants allege that NTB and the Crown have had insubstantial and unsatisfactory engagement throughout the mandating process; hapū rangatiratanga has not been recognised, nor respected; NTB is not structured to represent Ngātiwai people; and NTB is misusing tikanga. In granting urgency the Tribunal observed that if the claimants were correct the Ngātiwai people would suffer significant and irreversible prejudice which would grow and become increasingly difficult to correct over time. Further submissions were called for to confirm the inquiry's scope.

Author: Emerald UnRuh

Emerald UnRuh is the 2016 visiting indigenous scholar at the Māori Law Review. She is an undergraduate student at the University of Ottawa where she is studying International Development and Globalization on the Loran Scholarship. On graduating she plans to study law in her home province of British Columbia. As a proud Métis woman, Emerald is passionate about helping indigenous peoples, domestically and abroad.