Former Sāmoan judge appointed to Waitangi Tribunal amid criticism over minister's lineup

Former Supreme Court judge of Sāmoa, Professor Tafaoimalo Tologata Leilani Tuala-Warren, has been appointed to the Waitangi Tribunal.

Tuala-Warren also serves as the Dean of Te Piringa Faculty of Law at the University of Waikato, making her New Zealand’s first Pasifika dean of law.

She is one of eight new members appointed to the tribunal for three years, alongside five current members whose terms have been renewed.

The tribunal can have up to 20 members appointed by the Governor-General based on recommendations from the Minister for Māori Development, Tama Potaka.

Potaka says the new appointments will strengthen the tribunal and ensure it remains fit for purpose.

As the tribunal approaches its 50th anniversary, the minister believes the appointments will provide the right balance of skills to continue its important mahi in promptly hearing and reporting Māori Treaty claims.

"Waitangi Tribunal members bring a wide range of knowledge and skills and are appointed for their expertise in the matters that are likely to come before the Tribunal.

"I warmly welcome the new members as well as those who have been reappointed, and I acknowledge and thank those leaving for their important contributions."

The new-look tribunal comes after a year of tense relations between the Government and the Tribunal over the Treaty of Waitangi and Maori policy.

Māori Development Tama Potaka made the eight new appointments to the Waitangi Tribunal, with five existing members remaining. Photo/RNZ/Reece Baker

In April last year, the Government was accused of overlooking the Treaty to further political aims. Cabinet ministers Shane Jones and David Seymour suggested completely overhauling or shutting down the Waitangi Tribunal.

In November, the tribunal found that the Government’s decision to abolish the Māori Health Ministry had “prejudiced Māori” by failing to consult with the ministry’s constituents, not following a rigorous policy process, and not providing alternatives to address persistent health disparities in Māori communities.

Potaka's appointments have drawn criticism from Te Pāti Maori, which labelled the decisions a "whitewash".

Party co-leader Debbie Ngarewa-Packer condemned the removal of experienced Māori thinkers such as Professor Rawinia Higgins, Professor Tom Roa, and Professor Linda Tuhiwai Smith.

“It’s a whitewash. Tama Potaka has removed some of Te Ao Māori’s greatest thinkers from the Waitangi Tribunal and replaced them with individuals lacking diversity.

“The expertise, knowledge, and experience of the former members were exceptional. In this reshuffle, the Prime Minister has demoted the highest-ranking Māori minister, Shane Reti, while Minister Potaka continues to pursue a divisive agenda."

Māori Party co-leader Debbie Ngarewa-Packer has criticised the removal of experienced Māori thinkers from the Waitangi Tribunal. Photo/Facebook​

Ngarewa-Packer expressed confusion over why Richard Prebble would want to be on the tribunal, pointing out that some appointees lack experience with the Treaty of Waitangi - something she believes detracts from the tribunal's purpose.

"There are Tangata Tiriti [people of Treaty descent] who would be fit for this role and provide a balanced view. Unfortunately, the result of this process has been an imbalanced representation that disregards the significance of Te Tiriti, breaches, and the issues faced by iwi as they strive for peace in Aotearoa."

Prebble was the leader of the ACT Party in 1996 and called for the Waitangi Tribunal to be abolished, ending the hearing of treaty claims since 2000.

But Potaka says Te Pāti Maori comments were "unhelpful" and politically motivated, undermining the new appointees' qualifications and expertise.

He told RNZ's Morning Report that despite Prebble's past views, he has become more informed and changed his stance.

"We are bringing a diversity of knowledge and experience. We were looking for a refresh. We are very comfortable with the quality, calibre and expertise of the appointees.

Richard Prebble, left, former ACT Party leader and current party head David Seymour. Photo/Supplied

"Whitewash is an unhelpful term, and in my view, it radicalises opinion."

Former tribunal member Prue Kapua says some Government appointments might hinder trust-building.

Kapua told RNZ that the tribunal is "an important body for Māori to be able to address so many of these issues that we face" and that continuity would have been quite important for its ability to "continue to function without too many hiccups."

The new appointments include:

• Tipene Chrisp (whāngai to Rangitāne) has held numerous senior public service roles and is extensively knowledgeable about Waitangi Tribunal hearings. He is currently the General Manager of Rangitāne Tū Mai Rā Trust.

• Philip Crump has over 20 years of experience in law practice in New Zealand and the United Kingdom. He has significant expertise in statutory interpretation, negotiation, and dispute-resolution procedures. He is currently a board member of NZ on Air.

• Vanessa Eparaima (Raukawa, Ngāti Tūwharetoa) has extensive experience serving nonprofit organisations and commercial investment boards. Her background includes being a Treaty negotiator for Ngāti Raukawa. She currently serves as chairperson of the council for Te Wānanga O Aotearoa.

Prue Kapua has been a member of the Waitangi Tribunal for the past six years. Photo/RNZ/Robin Martin

• Rex Edward Hale is an author and experienced public servant with a background in information and data management. He is an expert in preparing oral and written resources to support Tribunal claimants.

• Grant Hadfield is a councillor on the Manawatū District Council and chair of the MDC Chief Executive's Employment Committee. Hadfield has held various executive and governance roles, including serving as the chief executive of the Manawatū Agricultural and Pastoral Association and FarmSafe.

• Kingi Kiriona (Ngāti Ruanui, Ngāti Kahungunu, Ngāti Apa) is an orator, kapa haka exponent, composer, educator, and broadcaster. He is currently a director of Whakaata Māori and a member of Te Mātāwai. Kingi is also the managing director and founder of TupuOra Education, an organisation focused on building Māori capability for iwi and public-sector agencies.

• Ron Mark served in the New Zealand Army from 1971 to 1990 before transitioning to governance and politics. He was an MP and served as Minister of Defence and Veterans from 2017 to 2020. He is currently in his second term as Mayor of Carterton.

• Professor Tafaoimalo Tologata Leilani Tuala-Warren is the Dean of Te Piringa Faculty of Law, University of Waikato, making her New Zealand's first Pasifika dean of law. She has held various senior roles and was the second woman to serve as a Supreme Court Justice of Samoa.

The five existing members who are reappointed include Dr Ruakere Hond (Taranaki, Ngāti Ruanui), serving a third term, Derek Fox (Ngāti Kahungunu, Ngāti Porou), serving a second term, Kim Ngarimu (Ngāti Porou), serving a third term, Dr Hana O'Regan (Ngāi Tahu), serving a second term, and Professor Sir Pou Temara (Ngāi Tūhoe), serving a sixth term.

Tuala-Warren has been approached for comment.