The sun rises over Kutarere Marae as local hapū and iwi prepare to share decades of history, loss, and resilience with the Waitangi Tribunal.
What is the Waitangi Tribunal?
The Waitangi Tribunal is a permanent commission of inquiry set up by the government. It acts like a court and investigates claims made by Māori that the Crown has breached the Treaty of Waitangi. The Tribunal examines both historical and contemporary claims and determines whether the Crown’s actions, or failures to act, have breached the principles of the Treaty.
What is a district inquiry?
A district inquiry is when the Waitangi Tribunal looks at all the Treaty claims from one geographical area at the same time, rather than dealing with each claim separately.
Most districts in Aotearoa have now had these inquiries completed. Some areas didn’t go through a Tribunal inquiry because the claimants chose to negotiate directly with the Crown instead.
The North-Eastern Bay of Plenty District Inquiry (Wai 1750)
The North-Eastern Bay of Plenty District Inquiry (Wai 1750) covers around 30 claims from the region, including claims from Whakatōhea and Ngāi Tai. Hearings are being held at Kutarere Marae from 17 to 21 November.
The district is defined by the boundaries of neighbouring inquiries: Tūranganui-a-Kiwa (Wai 814) to the east and Te Urewera (Wai 894) to the south and includes areas such as Ōhiwa Harbour and surrounding communities.
The Tribunal began the inquiry on 4 June 2019.
In 2020, it outlined its research programme, focusing mainly on 19th-century issues such as tribal landscapes, Crown engagement with hapū and iwi, raupatu (land confiscations), land loss, environmental impacts, and local government matters. A separate report also looks at economic development, access to services, and cultural impacts from the 19th century to today.
Most of the Tribunal’s technical research for the Wai 1750 inquiry has now been completed, with the remaining reports expected to be submitted by late 2025. This research provides background context and does not affect the hearings currently taking place at Kutarere Marae
In July 2021, a priority inquiry was held into the Whakatōhea Treaty settlement process. The Tribunal looked at whether the Crown’s approach was fair, including the parallel process that allowed Whakatōhea to continue Tribunal hearings while negotiating a settlement.
The Tribunal found some aspects of the process, especially the rules for hapū withdrawal and limits on Tribunal recommendations, fell short of Treaty principles, but said these issues could be fixed with small changes to ensure a fair settlement.
Between June 2022 and June 2023, the Tribunal held seven marae hearings to hear Ngā Kōrero Tuku Iho, oral histories and traditions from hapū and iwi. Evidence focused on tribal identity and history, migration and settlement, traditional rohe and mana whenua, relationships with neighbouring iwi and hapū, and connections to the environment and wāhi tapu.
Since February 2024, hearings have focused on claims about alleged Crown breaches of the Treaty of Waitangi and the resulting impacts on whānau, hapū, and iwi in the district.
