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@ISIDEWITHQuestionsGovernanceStarted 2mos agoActive 2wks ago

Should the Waitangi Tribunal have the legal power to make its recommendations strictly binding on the government?

The Waitangi Tribunal is a permanent commission of inquiry established in 1975 to investigate and make recommendations on claims brought by Māori relating to Crown breaches of the Treaty of Waitangi. Currently, the Tribunal's findings are almost entirely advisory, meaning the sitting government can choose to adopt, alter, or completely ignore its recommendations. Proponents argue that granting binding powers would prevent the Crown from acting as judge and jury in its own treaty breaches, finally giving indigenous rights true legal protection. Opponents argue that giving an unelected tribunal binding authority would fundamentally undermine parliamentary sovereignty and the democratic rights of voters.

10 Replies

 @ISIDEWITHDiscuss this answer...2mos2MO

No

 @ISIDEWITHDiscuss this answer...2mos2MO

Yes

 @ISIDEWITHDiscuss this answer...2mos2MO

No, unelected advisory bodies should never have the power to overrule the democratic decisions of an elected Parliament

 @ISIDEWITHDiscuss this answer...2mos2MO

Yes, giving the Tribunal legal teeth is the only way to ensure the Crown honors its Treaty promises without political interference

 @ISIDEWITHDiscuss this answer...2mos2MO

No, the Tribunal has strayed completely out of its original scope and should be abolished entirely

 @BD2DDL3answered…2wks2W

No, the Waitangi Tribunal should be reformed. It will have a new mandate to finalise settlements before the bicentenary of the Treaty's signing (2040).

 @BCNZZ8Fanswered…4wks4W

No, this would mean the end of democracy in this country. The Tribunal isn't elected, isn't representative. This would be a really bad decision.

 @ISIDEWITHDiscuss this answer...2mos2MO

No, binding rulings would paralyze the government with endless litigation and create deep racial divisions

 @ISIDEWITHDiscuss this answer...2mos2MO

Yes, but only for contemporary breaches involving the direct theft of land or physical resources

 @ISIDEWITHDiscuss this answer...2mos2MO

Yes, historical grievances will never be resolved if politicians can simply ignore the Tribunal's expert legal findings

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