Minister overhauls Waitangi Tribunal membership

Friday, 17 January 2025

Māori Development Minister Tama Potaka has confirmed an overhaul of the Waitangi Tribunal.

Tama Potaka is replacing half of the Waitangi Tribunal’s members, including senior academics.

Former blogger Philip Crump and former Defence Minister Ron Mark are among new appointments to Waitangi Tribunal.

These changes are just the start for the Tribunal. The Government is promising to 'refocus' its scope and purpose.

Māori Development Minister Tama Potaka has confirmed a major refresh of the Waitangi Tribunal, as he replaces half of its members.

The coalition Government started a major overhaul in October, appointing former ACT Party leader Richard Prebble to the Tribunal alongside Ken Williamson, whose background is in insurance and corporate leadership.

Ron Mark, the former Defence Minister and current mayor of Carterton, will join the Waitangi Tribunal.

On Friday, Potaka confirmed sweeping changes to the Tribunal’s membership. He announced another eight new appointments, and said he was renewing the warrants of just five existing members.

Those new appointments included political pundit Philip Crump and former NZ First minister Ron Mark.

The Waitangi Tribunal is made up of 20 members, so each new appointment must see an existing member leave the tribunal.

The minister has not renewed Māori language commissioner Professor Rawinia Higgins’ warrant as a member of the Waitangi Tribunal.

By bringing in 10 new members, some senior academics from te ao Māori will leave the Tribunal as their warrants expire in the coming weeks.

Those whose warrants have not been renewed included Professor Linda Tuhiwai Smith, Professor Tom Roa and Professor Rawinia Higgins.

Those three professors are some of the country’s most highly regarded experts in mātauranga Maori. Smith is a distinguished professor at Te Whare Wānanga o Awanuiārangi; Roa is a reo Māori and tikanga expert at Waikato University; and Higgins is a Māori language commissioner and chairperson at Te Taura Whiri i te reo Māori, and deputy vice-chancellor of Victoria University.

Potaka did renew the warrants of Professor Sir Pou Temara, Dr Hana O’Regan, Kim Ngarimu, Derek Fox, Dr Ruakere Hond and Kevin Prime.

Crump’s appointment to the Waitangi Tribunal marked his second high-profile public sector role since the coalition came to power. In October, Media Minister Paul Goldsmith appointed Crump to the board of New Zealand On Air.

The Waitangi Tribunal's interim report criticizes the Treaty Principles Bill as discriminatory and politically motivated. It urges the government to abandon the bill, citing a lack of Māori consultation.

Documents explaining his appointment, released to Stuff under the Official Information Act, discussed Crump’s credentials as a former politics blogger, lawyer, and brief stint as founding editor of the failed Newstalk ZB subscription website ZB Plus.

Potaka, in a statement, said the refreshed membership would give the tribunal “the right balance of skills”.

“Waitangi Tribunal members bring with them a range of knowledge and skills and are appointed for their broad expertise in the matters that are likely to come before the Tribunal,” he said.

The Waitangi Tribunal has found itself increasingly in the political spotlight since the coalition came to power.

It has been called to judge many of the coalition’s policies, ranging from the disestablishment of Te Aka Whai Ora (the Māori Health Authority) to the Treaty Principles Bill. In these matters, it has almost always issued scathing reports, critical of the Government.

In doing so, it has faced criticism from coalition ministers - especially those from ACT and NZ First. Prime Minister Christopher Luxon had agreed, in the coalition agreement with NZ First, to reassess the role of the Tribunal.

The agreement said the Government would “Amend the Waitangi Tribunal legislation to refocus the scope, purpose, and nature of its inquiries back to the original intent of that legislation”.

Others whose warrants have not been renewed included Herewini Te Koha and Prue Kapua.

The terms for Dr Monty Soutar, who had served as a member since 2002, Ron Crosby, Dr Robyn Anderson, Tania Simpson and Dr Grant Phillipson have also recently come to an end.

Newcomers to the Waitangi Tribunal:

Tipene Chrisp (Whāngai to Rangitāne), a senior public servant and manager of Rangitāne Tū Mai Rā Trust.

Vanessa Eparaima (Raukawa, Ngāti Tūwharetoa), chairperson of Te Wānanga o Aotearoa council. Former Treaty claim negotiator.

Rex Edward Hale, author who has given oral submissions before the Waitangi Tribunal.

Grant Hadfield, councillor on the Manawatū District Council and chairperson of the Chief Executive’s Employment Committee with a background in agribusiness.

Kingi Kiriona (Ngāti Ruanui, Ngāti Kahungunu, Ngāti Apa) is an orator, kapa haka exponent, composer, educator and broadcaster. He is currently a director of Whakaata Maori and a member of Te Mātāwai.

Professor Tafaoimalo Tologata Leiland Tuala-Warren, dean of Te Piringa Faculty of Law at the University of Waikato.