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While during the 1990s there was broad agreement between major political parties that the settlement of historical claims was appropriate, in recent years it has become the subject of heightened debate. Claims of a "Treaty of Waitangi Grievance Industry", which profits from making frivolous claims of violations of the Treaty of Waitangi, have been made by a number of political figures, including former National Party leader Don Brash in his 2004 "Orewa Speech". Although claims relating to loss of land by Māori are relatively uncontroversial, debate has focused on claims that fall outside common law concepts of ownership, or relate to technologies developed since colonisation. Examples include the ownership of the radio spectrum and the protection of the Māori language.

The New Zealand Election Study of 2008 found of the 2,700 voting age New Zealanders surveyed, 37.4% wanted the Treaty removed from New Zealand law, 19.7% were neutral and 36.8% wanted the Treaty kept in law. 39.7% agreed Māori deserved compensation, 15.7% were neutral and 41.2% disagreed.