Waitangi Tribunal Media Statement Wednesday 1 August 2007

www.waitangitribunal.govt.nz

Final Report On The Impacts Of The Crown’s Settlement Policies On Te Arawa Waka And Other Tribes Wai 1353

Today the Waitangi Tribunal released its second report on the Te Arawa Settlement process.

The Tribunal has found that aspects of the Crown’s processes for dealing with overlapping groups, and aspects of the Te Arawa deed of settlement itself, were inconsistent with the principles of the Treaty of Waitangi. It commented that the Crown cannot continue to ‘pick favourites’ and make decisions on tribal interests in isolation, based on inadequate information.

The Tribunal said it could not endorse the Te Arawa settlement in its current form. It has grave concerns regarding the potential negative impact of this settlement on overlapping iwi, and on the durability of future Central North Island settlements. However, it acknowledged that the part of Te Arawa who have negotiated this settlement have done so in good faith, and that the settlement must proceed, albeit in varied form.

The Tribunal recommended, therefore, that the proposed settlement be delayed, pending the outcome of a forum to decide on high level guidelines for the allocation of Crown forest lands. The aim of the forum would be to reach agreement upon:

• principles to guide decision-making over the allocation of CNI Crown forest lands in Treaty settlements;

• the overall proportionality to apply to the allocation of assets between different iwi; and

• the priority given to particular iwi in respect of Crown forest lands in each geographical area. www.waitangitribunal.govt.nz

The critical thing is that these decisions are made by the CNI iwi themselves, on their own terms, answerable to each other. These guidelines would then form a framework for iwi negotiations with the Crown. This approach would benefit the Crown, as it would no longer be in the unenviable position of determining the allocation of settlement assets between these groups, based on its understanding of their customary interests and of the potential size and shape of future settlements.

Equally, it would give Māori an assurance that the allocation of Crown forest assets had been undertaken fairly, transparently, and according to tikanga. Most importantly, The Tribunal considers that truly durable Treaty settlements will grow out of such a process. It is not confident that this will be the case if the current Te Arawa deed of settlement is enacted. The Tribunal sees Treaty settlements as critical to the future of our country, and considers that any recommendation to delay or stop a proposed settlement should only be made as a last resort.

- ENDS -

Background Information on the Te Arawa Settlement Process

• This report on forest assets follows a 15 June 2007 report on mandating issues arising from the same proposed settlement. The Tribunal heard claims by different overlapping claimant groups that they were adversely affected by the settlement.

• These groups include Ngäti Whakaue, Ngäti Rangitihi, Ngäti Te Rangiunuora. Ngäti Tuhoe, Ngäti Makino, Ngäti Tuwharetoa, Ngäti Raukawa and the New Zealand Mäori Council.

• The Te Arawa settlement area covers much of the Central North Island, extending from the Bay of Plenty in the north, to near Tokoroa in the west, near Taupö in the south, and to Kaingaroa in the east. It includes over 100,000 hectares of prime Crown forest lands.

• The Tribunal members who inquired into the urgent claims were Judge Caren Fox (Presiding Officer), Hon Douglas Kidd, Mr Peter Brown and Mr Tuahine Northover. www.waitangitribunal.govt.nz

• The Tribunal reported on how the Crown failed to consult overlapping claimants adequately in a settlement that includes an offer of 51,000 hectares of Crown forest lands to a section of Te Arawa.

• The Tribunal found that the Crown’s actions in respect of this settlement are inconsistent with the principles of the Treaty of Waitangi.

• Although it did not want to stand in the way of part of Te Arawa and the Crown arriving at a settlement, the Tribunal recommended a process to vary the proposed settlement to accommodate broader multi-iwi settlements.

• The Tribunal proposed the creation of a forum of all iwi with interests in Central North Island Crown forest lands.

• The proposed hui should include CNI iwi and other affected groups, convened by Te Puni Kokiri. All the claimants to our inquiry, plus Ngā Kaihautu, and the Crown Forestry Rental Trust. The New Zealand Māori Council and the Federation of Māori Authorities should be present, to represent the general interests of Māori nationally.

• This report released today is the fourth report that the Tribunal has issued on claims brought in respect of the Crown’s settlement with Ngā Kaihautu o Te Arawa. The first two of these related to the mandating process. For a pre-publication copy of the Te Arawa Settlement Process Report on Forestry Issues visit the Waitangi Tribunal website at www.waitangitribunal.govt.nz

ENDS

© Scoop Media