46 S e cti o n One – General The Treaty of Waitangi Act 1975 established the The Conservation Act 1987 was enacted to promote Waitangi Tribunal as a permanent commission of inquiry. the conservation of New Zealand’s natural and historical From 1975 to 1985, the tribunal was able to hear only resources and establish the Department of Conservation. contemporary claims by Mäori against the Crown for At section 4 it provides that the act shall be interpreted breaches of the principles of the Treaty in government and administered so as to give effect to the principles of legislation, policies and practices. The Treaty of Waitangi the Treaty of Waitangi. A range of principles and actions Amendment Act 1985 extended the tribunal’s jurisdic- derived from section 4 have subsequently been developed tion to include historical claims dating back to 1840. to guide the department’s work.13 Since 1985, the Tribunal’s principal function has been to investigate historical and contemporary claims against the Crown, and report its findings and recommendations to both claimants and the Crown. In doing so, it has been considered to function as a ‘truth and reconciliation’ Te Ture Whenua Mäori Act 1993 lists four principles in its Preamble: • that the Treaty of Waitangi established the special relationship between the Mäori people and the Crown process. A further Treaty of Waitangi Amendment Act in • that it is desirable that the spirit of the exchange of 2006 established a cut-off date of 1 September 2008 for kawanatanga for the protection of rangatiratanga the lodging of historical (pre-1992) claims. Contemporary embodied in the Treaty of Waitangi be reaffirmed claims – those relating to breaches of the Treaty after 1 September 1992 – can still be lodged with the tribunal. The tribunal has exclusive authority, for the purposes of the act, to determine the meaning and effect of the • that it is desirable to recognise that land is a taonga tuku iho (inherited treasure) of special significance to the Mäori people and for that reason: - to promote the retention of that land in the hands Treaty, and must consider both the English and the Mäori of the owners for their whänau, and their hapü and texts. The two core Treaty principles that have guided to protect waahi tapu (sacred sites) the tribunal’s work are those of partnership and active - to facilitate the occupation, development and protection. Other principles derived from the Treaty utilisation of that land for the benefit of its owners, include the principles of reciprocity, mutual benefit, their whänau and their hapü. redress, development, and the duty to act reasonably, • that it is desirable to maintain a court and to establish honourably and in good faith. mechanisms to assist the Mäori people to achieve the Historical and contemporary claims under the Treaty implementation of these principles. of Waitangi are settled through negotiations between The act also incorporates tikanga Mäori concepts, the Crown and iwi and hapu representatives. The Office including ahi kä (fires of occupation), tipuna (ancestor) of Treaty Settlements negotiates historical claims on and kai tiaki (guardian). The act continues the Mäori behalf of the Crown. Once an historical account, an Land Court and Mäori Appellate Court, which have the acknowledgement of Treaty breaches, an apology from primary objective of promoting and assisting in the the Crown, and a package of commercial and cultural retention of Mäori land. The court must also promote redress have been agreed, a deed of settlement is signed and assist Mäori in the effective use, management and by both parties and settlement legislation is passed. development of that land by and on behalf of its owners. Settlements of contemporary claims and of some very The court now has extensive jurisdiction to hear matters specific historical claims have been negotiated by other relating to the Mäori land title system, the protection of government departments, including the Ministry of Health historical artefacts or taonga Mäori, and the mediation (for example, the Napier Hospital settlement) and Te Puni and adjudication of disputes concerning Mäori fisheries Kökiri (for example, the vesting of Whakarewarewa and and aquaculture (under the Mäori Fisheries Act 2004 and Roto-a-Tamaheke in Ngati Whakaue and Tuhourangi-Ngäti the Mäori Commercial Aquaculture Claims Act 2004, Wahiao). respectively). 13 Department of Conservation, Conservation General Policy – 2. Treaty of Waitangi Responsibilities. Accessed 15 June 2010 from http:// www.doc.govt.nz/publications/about-doc/role/policies-and-plans/conservation-general-policy/2-treaty-of-waitangi-responsibilities/