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 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:
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.
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 form.
Please see the claimant funding factsheet before making a claim. If you have further questions email claimantfunding@justice.govt.nz.
Claimant reimbursement form (editable) [PDF, 427 KB]
Claimant Funding Factsheet [PDF, 817 KB]