ACT Party leader David Seymour says the Waitangi Tribunal is increasingly being ignored by governments, suggesting its influence has diminished to the point where New Zealand may need to reconsider its future role.
Speaking with Radio Waatea, Seymour said the Tribunal continues to produce reports and recommendations, but argued successive governments have become increasingly selective about whether they act on its findings.
The comments come amid heightened political debate over the Tribunal’s role in scrutinising government policy, particularly in relation to Te Tiriti o Waitangi, Treaty settlements and Māori rights.
Established in 1975 to investigate alleged breaches of the Treaty of Waitangi by the Crown, the Waitangi Tribunal has become one of New Zealand’s most significant institutions for examining historical grievances and, since 1985, claims dating back to 1840.
While its findings carry considerable moral and political weight, the Tribunal’s recommendations are generally not legally binding, with governments retaining the final decision on whether to implement them.
Seymour argued that reality raises questions about whether the Tribunal continues to serve the purpose for which it was created.
His remarks suggest ACT believes the institution’s role has evolved beyond its original intent and that governments are increasingly prepared to proceed with policy decisions regardless of Tribunal findings.
The comments are likely to be welcomed by those who argue elected governments—not independent inquiries—should have the final say on public policy.
However, they are also expected to draw criticism from Māori leaders and legal experts who regard the Tribunal as an essential safeguard for protecting Treaty rights and ensuring the Crown remains accountable for its obligations under Te Tiriti o Waitangi.
In recent years, the Tribunal has played a central role in examining issues including Treaty Principles reforms, Māori health, freshwater management, constitutional matters and the protection of Māori interests across a wide range of public policy.
Several of its recent urgent inquiries have been highly critical of Government proposals, finding that aspects of policy could prejudice Māori and damage the Crown-Māori relationship.
Asked whether the Tribunal had effectively reached the end of its usefulness, Seymour suggested its influence had already diminished because governments were increasingly choosing not to follow its recommendations.
His comments reflect ACT’s longstanding position that Parliament, rather than the Tribunal, should remain the country’s primary decision-making body.
Supporters of the Tribunal argue its role has never been to govern, but to provide independent findings based on evidence, history and Treaty principles, allowing governments to make better-informed decisions while recognising Māori rights.
The debate over the Tribunal’s future is expected to remain a prominent election issue, with differing political parties offering sharply contrasting views on the institution’s place within New Zealand’s constitutional framework.
For many Māori, the Waitangi Tribunal remains one of the few formal mechanisms through which Crown actions can be independently examined against the promises of Te Tiriti o Waitangi.
Whether its influence continues to grow or decline is likely to become part of the wider national conversation about the future relationship between Māori and the Crown.
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