not address the relationship of Māori with the Crown, noted that Parliament “remains the primary accountability institution”82 but accepted that the “Westminster approach is not aligned with the Māori approach to accountability – for Māori, it is about the relationship not the rights”.83 The Auditor-General in considering public accountability and the Human Rights Commissioner in considering constructive accountability find that understanding what it means to be accountable in Te Ao Māori is important for the Crown and Māori relationship. It is also important for addressing tino rangatiratanga. Te Rōpū Whakamana i te Tiriti o Waitangi - Waitangi Tribunal The introduction of the Waitangi Tribunal “was widely interpreted as a crucial step towards the Crown’s honouring of the Treaty”.84 As a permanent commission of inquiry, the Waitangi Tribunal makes non-binding recommendations on claims brought by Māori (a claimant must be of Māori descent) regarding Crown breaches of Te Tiriti o Waitangi. The Tribunal was established in 1975 under the Treaty of Waitangi Act 1975, which Act states in the preamble: … that a Tribunal be established to make recommendations on claims relating to the practical application of the principles of the Treaty and, for that purpose, to determine its meaning and effect and whether certain matters are inconsistent with those principles. The Tribunal had registered over 2,500 claims in 2015, and just under half of those claims were recommendations to the Government.85 The establishment of the Tribunal has led to Treaty settlements, including the return of land and resources to claimants by the Crown, and the transfer of some Crown powers and functions. The Tribunal operates in the relational sphere and is technically not independent of the Kāwana, although as part of the judiciary, it stands apart from the Kāwana. The Tribunal comprises 2–20 members (both Māori and Pākehā) who are appointed by the Governor-General on the recommendation of the Minister for Māori Development. This understanding will be critical in the exploration of a Māori Housing Authority and how someone is appointed in representing the Māori housing sector and communities. The appointment procedure of the Waitangi Tribunal members and their role and performance within the Kāwana judicial system prevent the whānau, hapū, iwi accountability relationship occurring. However, their recommendations frequently, if not always, now align with Te Ao Māori values and tikanga Māori. 35

Select target paragraph3