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 | |
| Date | 2 May 2016 |
| Case | Wai 2544, the Ngātiwai Trust Board Deed of Mandate claim |
| Citation | Wai 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 |
| Tribunal | Waitangi Tribunal |
| Member(s) | Judge P Savage |
| Earlier/later decisions | |
| Legislation cited | Treaty of Waitangi Act 1975 |
| Cases cited | |
| Overview and result | The 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. |
