Federation of Maori Authorities Inc. (FoMA) Media Release

FoMA and NZMC challenge the Crown Proposal to confirm Crown ownership of specific Crown Forest Rental Trust lands and $61m in Trust funds. The Crown proposes to legislate itself as a confirmed beneficiary of the CFRT and circumvent lawful process.

FoMA has filed action in the High Court suing the Crown for breaching their Treaty responsibility to Maori claimants.

The Government has signed a precedent setting deal to transfer Crown Forest lands to itself and therefore be the recipient of $61m in Trust funds... It is then proposing to offer under its deferred settlement process the opportunity for Nga Kaihautu Te Arawa to purchase the lands. This is a direct breach of the 1989 NZMC/FOMA Agreement with the Crown.

In recent negotiations by the Government, Crown Forest lands are being transferred to NKOTA, through their Deed of Settlement, this is in a direct breach of the 1989 NZMC/FOMA Agreement, Crown Forest Asset Act and the Crown Forest Rental Trust deed.

The Government is aware that under statute they are unable to assign these land interests to themselves with out the recommendation of the Waitangi Tribunal. We are concerned that there actions are bypassing statutory processes, jeopardising future Crown Forest land claimants and sets a new precedence for the Crown to continue these unlawful actions in the future.

FoMA has a statutory role as a Maori appointer along with the New Zealand Maori Council to the Crown Forest Rental Trust and we have monitored progress over the past 18 years. We do not want to see the Crown endanger the purpose of the Trust, breach the 1989 agreement with Maori and circumvent the Crown Forest Assets Act.

The Government is bypassing the statutory process of the Waitangi Tribunal determining ownership of the land and confirming themselves as beneficiaries of the Trust funds, in this case $61m. The Crown’s intention is to pass legislation to satisfying their own fiscal strategy while leaving Maori claimants exposed to unlawful, Crown precedence. The Crown Forest Rental Trust was not established to benefit the Crown in this manner and there are processes that must be followed to uphold the integrity of the 1989 NZMC/FoMA Agreement which is being used to benefit the Crown and is jeopardising future Maori claimant interests.

The Crown is proposing to unlawfully deem themselves confirmed beneficiaries to the Crown Forest Rental Trust lands, trust funds, and breaching their fiduciary obligations to protect All beneficiaries interests.

We are critical of the Crown, acting as Judge, Jury and determining themselves as a confirmed beneficiary to receive $61 million in CFRT funds. This process can not continue and must be stopped, the Crown will be held liable for future grievances, at a time when they want to put an end to Treaty Claims.

The FoMA Executive will not stand by and watch this breach of trust occur, Court proceedings have commenced and those Ministers of the Crown responsible must be held accountable.

ENDS

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