Reference no: EM132412902

Assessment - The Waitangi Tribunal and the Treaty in Government Policy

Overview - This section focuses on the history and workings of the Waitangi Tribunal, and how the Treaty features in Government policy. There is a particular emphasis on evaluating the extent to which the Tribunal has satisfied Maori grievances arising from breaches of the Treaty by the Crown. Consideration is also given to the fiscal envelope, and its implications for Treaty settlements.

In the past few decades, the Treaty of Waitangi has begun to feature prominently in New Zealand's legislation. This section allows the student to select a government policy which relates to the Treaty, and examine how the Treaty is positioned, how it integrates with other areas of the policy, and assess the success or failure of the policy. Like many other aspects of this course, the findings will be subjective, but the emphasis remains on being able to support any findings with the appropriate evidence. Pressure on Government from various Maori groups culminated in the passage of the Treaty of Waitangi Act 1975 which established the Waitangi Tribunal. This was the first attempt by the Crown to systematically deal with Maori grievances arising from the Crown's breaches of the Treaty. In 1985, the Act was amended to empower the Tribunal to investigate claims going back to 1840.

In the 1990s, however, Government impatience with the progress of the Tribunal led to the emergence of what became known as the Fiscal Envelope policy, in which a fund was set aside, from which all claims were expected to be resolved, fully and finally. This policy met with increasing resistance from Maori and other interest groups. In addition to Treaty Settlements the Treaty of Waitangi has been included in other legislation.

Method - Evaluate the effectiveness of the Waitangi Tribunal in satisfying Maori grievances arising from Crown breaches of the Treaty of Waitangi, and consider the alternative of the Fiscal Envelope as a means of effectively resolving Treaty claims. Also, evaluate the significance of the inclusion of Treaty principles in a piece of legislation.

Write a brief introductory statement approximately 150 words outlining the fact that your essay will be exploring aspects of the Tribunal, Treaty settlements, and Treaty principles in legislation.

Write around 1700 words on the details of this topic, including:

1. The history of the Waitangi Tribunal

2. The workings of the Waitangi Tribunal

3. An example of a full and final settlement

4. The significance of the inclusion of Treaty principles in a piece of legislation

Finish the essay with a conclusion approximately 150 words which sums up the main points relating to aspects of the Tribunal and Treaty settlements.

Important note: at least ten published sources are required for this essay. These will mostly be found in journal articles on AUT library or Google Scholar, books, newspaper articles, films, transcripts or recordings of live events, speeches etc. lease google 'published sources' if you are unsure what constitutes a published source.

Length: 2000 words plus references.