The Tribunal also reflects the intent of the Treaty - to have sound judgement from the people of New Zealand - in that it is constituted by a panel; half whom are of Maori descent and half who are non-Maori. Iwi usually go to the tribunal to test whether the Treaty has been breached by the Crown.
The problem that iwi face is that the Government is not bound to follow the judgements and outcomes set by the Tribunal. Indeed, there are many cases where the Crown has gone in the opposite direction to what has been found in the Tribunal's reports.
However, in the majority of cases, correct process has resulted in co-operation and settlement. Some might ask that if this is the case (the non-binding nature of judgements), then what is the point of going to the Tribunal?
Firstly, the reports the Tribunal produces are a collation of what tribes and families have seen, heard and researched.
They provide an encyclopaedia of history and knowledge for generations to come. Secondly, if the Tribunal supports what the iwi has claimed, that iwi may then take those judgements to the Government as a starting point for negotiations between the Crown and claimants.
One major issue that permeates today is that the majority of people are not knowledgeable on this sort of discussion.
When a report is submitted by the tribunal, people can be mistaken in thinking that all judgements were agreed to by the Crown. They can conversely believe that all judgements automatically fall on the side of Maori or that all tribunal members are Maori and therefore it is a waste of non-Maori money.
This is a mistaken belief. If the majority of New Zealanders would listen to the Tribunal and look at the reports, they would gain a great understanding of our shared history and the Maori struggle.
Recently the Tribunal issued a landmark report about Maori claims to water - the Tribunal affirmed firstly that Maori do have proprietary rights to fresh water bodies and secondly that it is appropriate for the Government to look at a way where the rights might be duly considered.
Thirdly, the report said it is appropriate that claimants have time to discuss how to protect their rights and those of the Crown in regards to the sale of State Owned Enterprises.
As far as I know, The Government has set its path and is not likely to change but as I write t the issue is still being discussed. Shortly, we will all know.
I welcome your feedback. Email mpwaiariki@parliament.govt.nz Post: PO Box 12028 Rotorua 3045 Phone: 07 350326.