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| Treaty of Waitangi settlement process | |
|---|---|
| Name | Treaty of Waitangi settlement process |
| Country | New Zealand |
| Established | 1975 |
| Legislation | * Treaty of Waitangi Act 1975 * State-Owned Enterprises Act 1986 * Ngāi Tahu Claims Settlement Act 1998 |
Treaty of Waitangi settlement process
The Treaty of Waitangi settlement process is the formal mechanism through which iwi and hapū seek redress for breaches of the Treaty of Waitangi from Crown entities such as the New Zealand Government, involving institutions like the Waitangi Tribunal, the Office of Treaty Settlements, and courts including the High Court of New Zealand. It evolved alongside events such as the Ngāruawāhia occupation, the Bastion Point occupation, the Raupatu (confiscation) settlements, and legislative responses including the Fisheries Act 1996 and the Resource Management Act 1991. Processes typically reference historical inquiries like the Wai 262 claim, landmark negotiations such as the Ngāi Tahu settlement, and settlements with groups including Tūhoe, Ngāti Porou, and Ngāti Whātua.
Colonial-era interactions such as the Signing of the Treaty of Waitangi in 1840, the New Zealand Wars, the Land Wars, and actions by figures like Governor William Hobson, George Grey, and Robert FitzRoy underpin claims adjudicated by the Waitangi Tribunal. Subsequent conflicts including the Invasion of the Waikato, the Taranaki Wars, and confiscations like Raupatu shaped grievances pursued by entities such as Ngāti Raukawa, Ngāti Maniapoto, Te Arawa, and Ngāti Toa Rangatira. Political catalysts such as the Hikoi of Hope, the Māori Land March, and activism by leaders like Whina Cooper, Dame Whina Cooper, Tame Iti, and Hone Harawira influenced establishment of remedies exemplified by the Waitangi Tribunal Act 1975 and subsequent amendments.
Key statutes include the Treaty of Waitangi Act 1975, the State-Owned Enterprises Act 1986, and the Ngāi Tahu Claims Settlement Act 1998, with institutions such as the Waitangi Tribunal, the Office of Treaty Settlements, the Crown Law Office, and the Attorney-General (New Zealand) playing central roles. Jurisprudence from courts like the Court of Appeal of New Zealand, the Supreme Court of New Zealand, and cases including New Zealand Māori Council v Attorney-General inform legal principles applied to negotiations with iwi such as Ngāpuhi, Ngāti Tūwharetoa, and Ngāti Awa. Interagency coordination involves organizations like Te Puni Kōkiri, the Department of Conservation (New Zealand), and the Ministry for Culture and Heritage.
Claims commence with lodgement to the Waitangi Tribunal or direct negotiation via the Office of Treaty Settlements, often following historical research by bodies such as the Alexander Turnbull Library, and legal representation by firms and advisers experienced in cases like Wai 262 and Wai 27. Negotiations proceed through stages including pre-settlement redress, mandated by the Crown-Māori Relations frameworks, to Deed of Settlement drafting, involving signatories such as iwi authorities, trustees, and leaders like representatives from Ngāti Kahungunu, Ngāti Porou, and Ngāti Toa. Settlement ratification frequently requires endorsement at iwi mandate hui and approval akin to votes observed in settlements with Ngāi Tahu, Tūhoe, and Wai 262 claimants.
Settlements commonly include financial compensation, cultural redress, and commercial redress, with instruments such as the Deed of Settlement and mechanisms involving entities like Iwi Radio Stations, Māori Trusts, and corporate vehicles modeled after Ngāi Tahu Holdings Corporation. Cultural redress can involve statutory acknowledgements, return of wāhi tapu, co-management agreements with agencies such as the Department of Conservation (New Zealand), and vesting of assets including river and lake interests similar to provisions in the Ngāi Tahu Claims Settlement Act 1998. Financial packages may reference Crown fiscal policies exemplified by decisions in the Beattie Cabinet era and involve compensation schedules negotiated in the 1990s settlements programme.
Post-settlement governance entities (PSGEs) such as iwi companies, trusts, and incorporations—examples include Ngāi Tahu Holdings Corporation, Tūhoe Te Uru Taumatua, and Ngāti Whātua Ōrākei Whai Rawa—manage settlement assets and execute development strategies involving partnerships with agencies like Te Puni Kōkiri and the Reserve Bank of New Zealand for financial arrangements. Monitoring frameworks use statutory arrangements under settlement acts, oversight by the Office of the Auditor-General (New Zealand), and accountability standards influenced by cases before the High Court of New Zealand and rulings from the Commerce Commission (New Zealand). Governance disputes have involved tribunals, mediations with entities like the Mediation Services Unit, and reviews referencing the Law Commission (New Zealand).
Settlements have reshaped relationships among iwi such as Ngāpuhi, Ngāti Porou, and Ngāi Tahu, and affected sectors overseen by agencies like the Department of Conservation (New Zealand) and the Ministry for Primary Industries. Controversies include debates over adequacy of compensation as seen in critiques referencing the Wai 262 report, disputes over mandate and representation exemplified by tensions in Ngāpuhi negotiations, and legal challenges in forums such as the Supreme Court of New Zealand. Political controversies have involved politicians such as Helen Clark, John Key, Jacinda Ardern, and Winston Peters, and public protests paralleling events like Bastion Point occupation and the Ōrākei land protests.
Ngāi Tahu: The Ngāi Tahu Claims Settlement Act 1998 delivered a comprehensive package including financial redress, cultural recognition, and asset transfers administered by Ngāi Tahu Holdings Corporation and led by negotiators with links to Te Rūnanga o Ngāi Tahu.
Tūhoe: The Tūhoe Claims Settlement Act 2014 followed unique negotiation dynamics after events including the Tūhoe Crown apology and establishment of Tūhoe Te Uru Taumatua for governance and development.
Ngāti Whātua Ōrākei: Settlement under the Ngāti Whātua Ōrākei Claims Settlement Act 1991 resolved urban land disputes in Auckland and established governance entities such as Ngāti Whātua Ōrākei Whai Rawa.
Ngāti Awa: The Ngāti Awa Claims Settlement Act 2005 included cultural redress and co-management roles with agencies like the Department of Conservation (New Zealand).
Other notable settlements include packages for Waikato-Tainui under the Waikato Raupatu Claims Settlement Act 1995, settlements involving Ngāti Raukawa, Ngāti Pāhauwera, Te Arawa, Ngāti Tūwharetoa, and complex claims such as the Wai 262 claim addressing indigenous flora and fauna rights.