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.
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]
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:
This list of themes originated from a claims assessment and analysis completed by Tribunal Unit staff.
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.
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.
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:
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.
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 relevant claims in this 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.
The pou report was distributed in mid-December 2023. In early 2024, the Tribunal held two planning wānanga. The first was held at Waitangi on 30 January and the second in Hastings on 7 March. These wānanga provided claimants and the Crown an opportunity to provide feedback on the report and discuss any changes they would like made to the proposed inquiry process. To guide discussion, a PowerPoint was provided by the Tribunal prior to the second wānanga.
A judicial conference was then held on 26 April 2024. The purpose of this conference was to discuss the proposed preliminary inquiry plan that several wānanga takiwā occur in the latter half of 2024. Following these wānanga, a report would be produced, and further planning undertaken.
In October 2024, the Tribunal commenced the wānanga ā-rohe stage of the inquiry. The purpose of these wānanga ā-rohe is to hear from parties on their constitutional principles, confirm the themes for the wider inquiry, establish any points of agreement and identify remaining issues for inquiry. Six two-day wānanga ā-rohe are planned, to be held at the following locations:
If you are a claimant and would like to attend one of the wānanga, see the below section on Claimant Funding for further information on what funding is available to support you to attend. Due to the large number of inquiry participants, and to maximise opportunities for claimant engagement within this process, the Presiding Officer of the inquiry expects that participating claimants will attend and participate in one wānanga only at the venue close to them.
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 Policy before making a claim. The policy and reimbursement form can be found here:
If you have any questions, please email the Ministry of Justice Claimant Funding Team.
On 9 and 10 May 2024 the Waitangi Tribunal held an urgent hearing into claims about Crown policies to progress a Treaty Principles Bill and to review legislative enactments referring to ‘the principles of the Treaty of Waitangi’.
In August 2024, the Waitangi Tribunal released Ngā Mātāpono – The Principles, an interim report on its findings.
On 4 October 2024, a second hearing was held in the urgent inquiry. The focus of the hearing was on whether, since the release of the Ngā Mātāpono report, the Crown’s decisions regarding the Treaty Principles Bill policy have been consistent with the principles of the Treaty of Waitangi, and what prejudice to Māori, if any, will arise if the amended Treaty principles per the Crown’s Treaty Principles Bill policy are enacted.