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The Treaty of Waitangi Act 1975 introduced the phrase "principles of the Treaty of Waitangi". It is found twice in the long title, in the preamble, and in Section 6(1), which provides for the Waitangi Tribunal to inquire into claims by Māori that they are prejudicially affected by Crown acts (or omissions) that are inconsistent with the principles of the treaty. [2]
The Treaty of Waitangi Act 1975 provides for the intentions of the treaty to be taken into account through the principles of the Treaty of Waitangi. [178] The Waitangi Tribunal's key function is to evaluate Crown actions against the intentions of the parties that signed the Treaty.
The Principles of the Treaty of Waitangi Bill, commonly known as the Treaty Principles Bill, is a government bill [1] promoted by David Seymour of the ACT New Zealand party. It aims to define the principles of the Treaty of Waitangi and put them to a nationwide referendum for confirmation. [ 2 ]
Section 9 read, "9. Treaty of Waitangi — Nothing in this Act shall permit the Crown to act in a manner that is inconsistent with the principles of the Treaty of Waitangi." [4] Section 27 concerned land transferred under the Act which was subject to a Waitangi Tribunal claim prior to the Governor-General's assent of the Act, 18 December 1986. [5]
In 1975 the Treaty of Waitangi Act established the Waitangi Tribunal to hear claims about Crown acts that were inconsistent with the principles of the Treaty. It allowed any Māori to lodge a claim against the Crown for breaches of the Treaty of Waitangi and its principles. Originally its mandate was limited to claims about contemporary issues ...
The Treaty of Waitangi Act 1975 gave the Treaty of Waitangi recognition in New Zealand law for the first time and established the Waitangi Tribunal.The tribunal is empowered to investigate possible breaches of the principles of the Treaty of Waitangi by the New Zealand Government or any state-controlled body, occurring after 1975. [1]
There is an English and a Māori version of the original treaty, which have differences in translation and meaning. Since 1975, Parliament, courts and the Waitangi Tribunal have looked to the wider intention of the treaty in order to define its principles. The treaty principles are not fixed and are flexible. [16]
The Treaty of Waitangi is an increasingly important source of constitutional law in New Zealand. The place of the Treaty of Waitangi in the constitution is the subject of much debate. [6] The Treaty has no inherent legal status, but is treated in various statutes and is increasingly seen as an important source of constitutional law. [11] [20]