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.
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