Welcome to the page for the Crown response to Tomokia ngā tatau o Matangireia: the Constitutional Kaupapa Inquiry (Wai 3300). Here you’ll find useful information and updates on the Crown’s response to the Inquiry. The Ministry of Justice is the interim lead agency for the Crown’s participation in this Inquiry, responding to the issues being examined by the Waitangi Tribunal.

On this page:

He aha a Tomokia ngā tatau o Matangireia? | What is Tomokia ngā tatau o Matangireia?

The Waitangi Tribunal has launched an inquiry into constitutional issues affecting Māori. This is one in a series of kaupapa inquiries dealing with nationally significant issues affecting Māori. The Constitutional Kaupapa Inquiry (Wai 3300) began in December 2022. It has been given the title Tomokia ngā tatau o Matangireia by the pou tikanga (experts in tikanga) and pou ture Pākeha (experts in New Zealand law) appointed by the Waitangi Tribunal. You can read the about the name of the inquiry here [PDF, 2.5 MB]

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He aha ngā āhuatanga kei roto i tēnei Pakirehua? | What will this Inquiry cover?

The Constitutional Kaupapa Inquiry (Wai 3300) will hear claims concerning grievances relating to the constitution, self-government, and the electoral system. The Tribunal has made a preliminary indication that the central themes of the inquiry will likely cover:

    1. Tino Rangatiratanga, Mana Motuhake, Autonomy, and Self-governance
    2. Kāwanatanga
    3. Constitutional Legitimacy and Sovereignty
    4. Parliamentary Sovereignty and Systems
    5. Tikanga Tuku Iho me ngā Ture Pākehā
    6. Electoral Rights and Systems
    7. Local Government and Te Tiriti o Waitangi
    8. National Models of Māori Self-Government; and
    9. NZ Bill of Rights Act 1990 (NZBORA), United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and Te Tiriti o Waitangi

This list of themes originated from a claims assessment and analysis completed by Tribunal Unit staff. 

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Ko wai te hunga e whai pānga ana? | Who is involved?

Te Rōpū Whakamana i te Tiriti o Waitangi | The Waitangi Tribunal

Chief Judge Caren Fox is the Inquiry’s Presiding Officer. Derek Fox, Dr Grant Phillipson, Prue Kapua, Kevin Prime, Professor David Williams and Dr Monty Soutar have been appointed to the panel. The Waitangi Tribunal is independent of the Ministry of Justice.

Ngā Kaikerēme | The Claimants

Claims to the Waitangi Tribunal are allegations that the Crown has breached the Te Tiriti o Waitangi/Treaty of Waitangi and/or the principles of the Treaty through particular actions, inactions, laws or policies, and that Māori have suffered prejudice (harmful effects) as a result.

Any Māori person may submit a claim to the Waitangi Tribunal. If the claim meets the Tribunal’s requirements it can be registered and be heard as part of an inquiry. There is more information about making a claim on the Tribunal’s website(external link).

The list of claims to be included within the Inquiry is not yet finalised.

Te Karauna | The Crown

The Inquiry may involve multiple government agencies. The Ministry of Justice is the interim lead agency for the Crown’s response, and co-ordinated by the Ministry of Justice. Agencies who may be involved in the Crown’s response include:

  • Te Tāhū o te Ture | Ministry of Justice
  • Te Tari Ture o te Karauna | Crown Law Office
  • Te Puni Kōkiri | Ministry of Māori Development
  • Te Arawhiti | Office Māori-Crown Relations
  • Te Tari Taiwhenua | Department of Internal Affairs
  • Te Tari o Te Pirimia me Te Komiti Matua | Department of the Prime Minister and Cabinet.

Other agencies and Ministers may also have a direct interest in the Inquiry, and some may play a more active role at different stages of the Inquiry.

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Kei te aha ināianei? | What is happening now?

In April 2023 the Tribunal commissioned four pou tikanga and three pou ture Pākehā to produce a report on a tikanga and Treaty-compliant process for hearing the claims of the Constitutional Kaupapa Inquiry. Waihoroi Shortland, Dame Naida Glavish, Associate Professor Linda Te Aho and Professor Meihana Durie were appointed as pou tikanga. Professor Jacinta Ruru, Dr Mark Hickford, and Matthew Smith were appointed as pou ture Pākehā.

In mid-December 2023 the Tribunal distributed the Pou Report.

Two ‘planning wānanga’ have been scheduled in early 2024 for claimants and the Crown to provide feedback on the report and to discuss any desired changed to the proposed inquiry process. These wānanga are scheduled for:

  • Tuesday 30 January 2024 at Waitangi Treaty Grounds, Waitangi; and
  • Thursday 7 March 2024 at Waipatu Marae, Hastings. 

If you are a claimant and you would like to attend either wānanga, see the below section on Claimant Funding for further information on what funding is available to support you to attend.

Ngā Rauemi | Resources

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Te pūtea mā ngā kaitono | Claimant funding

Named claimants in the Constitutional Inquiry can apply for funding towards costs incurred when attending events set down by the Waitangi Tribunal.

A named claimant can apply for funding for themselves, or on behalf of a claimant witness or support person, by completing a claimant funding reimbursement form.

Please see the claimant funding factsheet before making a claim. If you have any questions email the Ministry of Justice Claimant Funding Team

Claimant reimbursement form (editable) [PDF, 427 KB]

Claimant Funding Factsheet [PDF, 817 KB]

Claimant funding factsheet (Māori translated) [PDF, 263 KB]

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Treaty Principles Urgent Inquiry

On 10 April 2024, the Waitangi Tribunal granted the applications for urgency regarding current or pending Crown actions or policies as they relate to the review of all enactments containing references to the “principles of the Treaty of Waitangi” and a proposed Treaty of Waitangi Principles Bill.

What is happening now?

A hearing has been set down for 9 and 10 May 2004 at the Waitangi Tribunal Offices in Wellington. The final hearing timetable will be distributed by the Waitangi Tribunal on 8 May. 

Claimant funding

Funding is available to assist claimants who wish to attend the hearing on 9 and 10 May. A named claimant can apply for funding for themselves, or on behalf of a claimant witness or support person, by completing a claimant funding reimbursement form, linked below.

Groups or individuals given ‘Interested Party’ status may be considered for funding on a case-by-case basis. Interested parties should contact the Claimant Funding Team prior to incurring costs to discuss whether funding may be available.

The Ministry of Justice Claimant Funding Team can also book travel and accommodation where available on behalf of claimants. Please contact the Claimant Funding Team if you would like travel and accommodation booked for you. Alternatively, those who wish to make their own travel and accommodation arrangements can request reimbursement by completing a claimant funding reimbursement form.

Please see the Claimant Funding Factsheet linked below for information about what funding is available before making a claim. If you have any questions please email the Claimant Funding Team

Treaty Principles Urgency Claimant Funding Factsheet [PDF, 872 KB]

Treaty Principles Urgency Claimant Funding Reimbursement Form [PDF, 280 KB]

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