Waitangi Tribunal Kaupapa Inquiry into Climate Change

This week, the Waitangi Tribunal resumes hearings in its Climate Change Priority Inquiry — a landmark kaupapa inquiry into whether the Crown’s response to climate change is consistent with the principles of Te Tiriti o Waitangi / the Treaty of Waitangi.

With 50 claimants and hearings scheduled to last eight weeks, this is a significant inquiry. Claims include alleged breaches of Te Tiriti/the Treaty relating to a wide range of climate policy and decisions, including forestry, adaptation, and the ETS. A broad cross-section of Māori interests are involved, including whānau, hapū, iwi, business, and advocacy groups.

This is the first time globally that a commission of inquiry has specifically looked into the impacts of government policy and decisions on an indigenous group concerning climate change. It presents the Tribunal with an opportunity to provide non-binding recommendations to the New Zealand Government. These recommendations could be significant given the role that Te Tiriti plays in New Zealand's constitutional fabric and the real question marks around the ambition and integrity of Aotearoa New Zealand's climate response at the moment.

The inquiry is focused on four overarching issues:

•  What are the physical, spiritual, cultural, social, health, and economic impacts of climate change on Māori? This includes present impacts and likely impacts in the future. 

• What relevant Tiriti/Treaty principles should the Crown consider when addressing the impacts of climate change on Māori? 

• Has the Crown’s conduct (including actions and omissions) in response to climate change been consistent with Tiriti/Treaty principles? 

• What recommendations should the Tribunal make in terms of how the Crown should conduct itself consistently with Tiriti/Treaty principles when forming future climate change policies? (this included, for instance, what amounts to meaningful consultation and engagement). 

The Tribunal is expecting eight hearing weeks in total to allow for expert evidence, claimant evidence, Crown evidence and closing submissions, with a report expected in 2026.

The Tribunal’s hearings are remote and livestreamed on Youtube.

From 7-11 April, hearings begin at 9:00am daily and are being livestreamed on YouTube:

🔹 Day 1
🔹 Day 2
🔹 Day 3
🔹 Day 4
🔹 Day 5

Several members of Lawyers for Climate Action NZ Inc. (LCANZI) are involved in the inquiry. Board members Bryce Lyall and Majka Cherrington are representing claimants in the Tribunal, along with former Board members Dr Grant Hewison and Michael Sharp. In addition, to support this inquiry, our Co-Founder, Dr James Every-Palmer KC, is giving expert evidence on Thursday 10 April at 3:30pm.

James' affidavit offers a comprehensive legal analysis of New Zealand’s climate laws and policies, and examines whether these frameworks align with the Crown’s obligations under Te Tiriti. His evidence also outlines the systemic issues in Crown engagement with Māori in climate policy and planning.

This inquiry is a critical opportunity to address historic and ongoing injustices in the context of climate change — and to ensure that Aotearoa’s response is one that upholds Te Tiriti, and protects people and taonga for generations to come.