Impact Of Crown's Treaty Policy On Te Arawa Waka

Waitangi Tribunal Media Statement
Monday 18 June 2007
www.waitangitribunal.govt.nz

WAITANGI TRIBUNAL REPORT ON THE IMPACT OF THE CROWN'S TREATY SETTLEMENT POLICY ON TE ARAWA WAKA (WAI 1353)

Today, the Waitangi Tribunal released its report on the Te Arawa settlement process.

This report follows an urgent inquiry into claims by Te Arawa groups that they were adversely affected by the process and proposed outcome of the Treaty settlement negotiations between the Crown and Ngā Kaihautu o Te Arawa, which have led to the signing of a deed settling their historical claims. Eight Te Arawa groups had their claims heard in March 2007.

They are Ngāti Whaoa, Ngāti Rangiunuora, Ngāti Tamakari, Ngāti Rangiteaorere, Ngāti Whakaue, Ngāti Rangitihi, Ngāti Makino and members of Ngāti Tahu. The settlement area covers a wide area around Rotorua, including parts of the Kaingaroa forest.

The Tribunal inquiry panel comprises Judge Caren Fox (Presiding Officer), the Honourable Doug Kidd, Mr Tuahine Northover and Mr Peter Brown.

After examining the conduct of the negotiations and the terms of the deed of settlement, the Tribunal found serious flaws in the way the Crown consulted with non-settling Te Arawa groups.

"The Crown has failed to safeguard the interests of groups who are yet to come to the negotiation table", the Tribunal said.

In particular, the Crown made no allowance for the interwoven interests of these groups with those who are included in the settlement. The Tribunal expressed its grave concern for Te Arawa as a whole.

"Hapu are in contest with other hapu and the preservation of tribal relations has been adversely affected. We are left fearing for the customary future of the Te Arawa Waka as a result", the Tribunal said.

The Tribunal indicated that it was not seeking at this late stage to prevent Ngā Kaihautu o Te Arawa, which represents approximately half of Te Arawa, from concluding its settlement with the Crown. It did, however, recommend that the Crown vary aspects of the settlement package before legislation is passed and engage with Te Arawa groups outside the settlement.

"The Crown must get its policies and practices better tuned to achieving fair and sustainable settlements", the Tribunal said.

The Tribunal will resume under urgency on 25 June to hear claimants who allege that they will be adversely affected by the commercial and forest land redress provisions in the settlement.

ENDS

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