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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 Waitangi Sheet of the Treaty of Waitangi. The Treaty of Waitangi was first signed on 6 February 1840 by representatives of the British Crown and Māori chiefs from the North Island of New Zealand, with a further 500 signatures added later that year, including some from the South Island. It is one of the founding documents of New Zealand.
The Waikato Raupatu Claims Settlement Act 1995 is an act of the New Zealand Parliament passed into law in 1995. It was the first act implementing a major historical Treaty of Waitangi settlement since the Treaty of Waitangi Act 1975 was amended in 1985 to allow the Waitangi Tribunal to investigate historic breaches of the treaty.
A Waitangi Tribunal report warned that if the bill was passed, it would represent the worst breach of the treaty in modern times, potentially leading to the end of the treaty itself.
The Waitangi Tribunal in 1985 declared the Tainui people of the Waikato had never rebelled, [21] but had been forced into a defensive war. [22] In the early 1990s Tainui opted to bypass the Waitangi Tribunal and concluded a Treaty claims settlement with the Crown through direct negotiation.
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 ]
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]
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]