Waitangi Tribunal final report on MV Rena and Motiti Island Claims

The Motiti Rohe Moana Trust, one of the Claimants in the urgent Waitangi Tribunal inquiry into the Crown’s response to the wreck of the MV Rena, following its grounding on Otaiti (Astrolabe Reef) on 5 October 2011, today welcomes The Final Report of The Waitangi Tribunal On The MV Rena And Motiti Island Claims.

The Final Report follows on from the Tribunal’s Interim Report into these claims, which focused on the Crown’s consultation with Māori leading up to the Crown making a submission on the Rena owners’ application for resource consent to leave the wreck on Otaiti. The Final Report is focused on the Crown’s conduct in entering into a Wreck Removal Deed (“WRD”) with the Rena owners, which obliged the Crown to consider, in good faith, supporting an application by the owners for resource consent to leave the wreck on Otaiti.

The Final Report confirmed and reiterated the findings of the Tribunal in the Interim Report, that the Crown had failed to undertake meaningful engagement or robust consultation with Māori in relation to the resource consent application, and had accordingly breached te Tiriti principles of good faith and partnership.

Furthermore, the Tribunal found that the fact that the Crown failed to consult with Māori prior to entering into the WRD meant that it was unable to adequately inform itself of the nature and extent of Māori interests in Otaiti. By not undertaking such consultation, the onus was on the Crown to demonstrate utmost good faith in its dealings with Māori, and in its efforts to actively protect both their rangatiratanga and the taonga of Otaiti, in the subsequent period.

However, the findings of the Final Report are that, rather than demonstrating such good faith, the Crown exacerbated the prejudice to Māori caused by the lack of consultation by not releasing relevant parts of the WRD to Māori as soon as possible and by conducting an inadequate consultation process. The Tribunal found that such conduct has diminished te Tiriti partnership to the detriment of Māori which prejudicially affected the Claimants. Accordingly, the Tribunal found that the Crown’s conduct in entering into the WRD without consulting Māori breached the principle of partnership and mutual benefit, and that the Crown failed in its duty to act reasonably, honourably and in good faith.

To remedy this prejudice, the Tribunal has recommended that the Crown:

a. participate actively in the resource consent process, including the rigorous testing of evidence produced by the Rena owners;

b. in the hearing of the resource consent application, submit that Otaiti is a taonga and that, as a consequence, the protection of Otaiti is a matter of national importance; and

c. given the unique circumstances and vulnerable position of the Claimants, consider how it can actively assist Māori to participate in the resource consent process.

Mr Umuhuri Matehaere, the Chairperson of the Trust, said “we are very grateful to the Tribunal for hearing the urgent claim and providing a prompt and balanced decision addressing the issues and prejudice being suffered by the Claimants. Again, we feel completely vindicated by the Tribunal’s findings in the Final Report, and its views of the Crown’s actions in relation to this matter”.

“We have been incredibly disappointed by the Crown’s effective disregard of the Interim Report, but are hopeful that the Crown will give greater weight to the Tribunal’s Final Report. We look forward to immediate engagement with the Crown to discuss how best to give effect to the Tribunal’s findings, so that we are able to actively protect our taonga.”

http://img.scoop.co.nz/media/pdfs/1412/141127__Q_and_A__Final_Rena_Report.pdf

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