The Appointment Process for Waitangi Tribunal Members

The Waitangi Tribunal was established under section 4 of the Treaty of Waitangi Act 1975 and consists of a Chairperson and up to 20 members.

In considering recommendations for appointments as a member of the Tribunal, the Minister for Māori Development shall have regard to (see section 4(2A) of the Treaty of Waitangi Act 1975):

1. the partnership between the two parties to the Treaty; and
2. not only to a person's personal attributes but also to a person's knowledge of and experience in the different aspects of matters likely to come before the Tribunal.

Diversity of skills and views of members

These statutory criteria require the Minister for Māori Development, in making appointment recommendations, to ensure there is a broad range of expertise and perspectives across the members of the Tribunal. This diversity of views and skills across the membership is essential for ensuring representation for both parties to the Treaty are guaranteed in the undertakings of the Tribunal.

The Tribunal is increasingly considering a wide range of diverse matters and for the most recent round of appointments the following range of skills informed the appointment recommendations of the Minister for Māori Development.

Expertise	Sub- Field	Attributes
Crown and public policy, and state sector	·      Public policy ·      State sector practise	·      Crown Policy institutions and systems ·      Actions and omissions, governance
Mātauranga	·      Kaumatua ·      Mātauranga Māori:	·      Tikanga kawa, relationship management ·      Traditional and customary mātauranga Māori, Tikanga, Te Reo
History	·      19th to mid- 20th century ·      Mid-20th century to present	·      Broadly from Pre-Treaty to WW2 ·      Broadly post 1945 to present
Law	·      Legal practice ·      Constitution and law	·      Legally qualified to preside (has and has held practising certificate for 7 years) ·      Legal scholarship and history, contemporary law, constitutional affairs
General	·      Resource management ·      Corporate leadership ·      Community Leadership	·      Planning and environmental impact ·      In business and/or SOE sector ·      NGO/union/iwi/hapu/community leadership and service

Term of Appointment

Members of the Tribunal hold office for a term not exceeding three years but may from time to time be reappointed (section 4(3) of the Treaty of Waitangi Act 1975).

The Appointment process

Members are appointed by the Governor-General, based on the recommendation of the Minister for Māori Development following consultation with the Minister of Justice (section 4(2)(a) of the Treaty of Waitangi Act 1975).

The positions are not advertised. It is common for the Minister for Māori Development to seek the views of the Tribunal’s Chairperson about suitable persons for consideration who will meet the statutory criteria for Tribunal members.

Once directed to do so, Te Puni Kōkiri provides the Minister for Māori Development with a long list of suitable persons for possible appointment to the Tribunal.

The Minister will seek views, from the Minister of Justice and other Ministerial or coalition partner colleagues. This advice informs the recommendations for appointment (and reappointment) to the Tribunal. All recommendations for Tribunal members go through the usual Cabinet process for appointments. That includes the Cabinet Appointments and Honours Committee noting the proposed appointment before proceeding to Cabinet for confirmation, and then the Governor-General for appointment.

Attached Files

• Advice relating to the appointment of members to the Waitangi Tribunal