A Treaty of Waitangi settlement is an agreement between the Crown and a claimant group to settle historical Treaty of Waitangi grievances with the Crown.
Historical claims were registered with the Waitangi Tribunal. The Waitangi Tribunal then looks into the claims by Māori relating to Treaty of Waitangi breaches.
Should an iwi wish to enter into negotiations with the Crown to settle these claims, they may seek to engage with the Minister for Treaty of Waitangi Negotiations. Hon Paul Goldsmith is the current Minister for Treaty of Waitangi Negotiations.
The government agency responsible for supporting the Minister is Te Tari Whakatau – The Office of Treaty Settlements and Takutai Moana. Te Tari Whakatau provides advice on negotiations, directly to the Minister.
Ngāti Whakaue is pursuing direct negotiations with the Crown.
The Treaty Settlement Process
The four key stages to settlement are:
Stage One: Pre-Negotiation
Ngāti Whakaue te iwi and claimant group choose people to represent them in negotiations. This involves:
- A mandating process – Ngāti Whakaue te iwi and claimants vote on the entity that will represent them in negotiations
- Recognition of Deed of Mandate and signing – the Crown must recognise the mandate before negotiations can begin
- Choosing negotiators – the mandated group decides which individuals will lead its negotiations Signing
- Terms of Negotiations – between the Crown and mandated representatives
Stage Two: Negotiations
The representatives and the Crown negotiate the settlement. This involves key milestones along the way:
- Drafting an Agreement in Principle (AIP) – the framework for the settlement, this needs to be agreed with the Crown
- Draft Deed of Settlement (iDOS) – the draft content of the settlement, must be presented to Ngāti Whakaue for initialling
- Options for the Post-Settlement Governance Entity (PSGE) – must be developed collectively by the representatives, iwi, claimants
- Ratification process – voting on the draft Deed of Settlement. The claimant group must agree to the proposed settlement before moving to the next stage. The Crown decides if the ratification voting shows ‘sufficient support’ for the settlement to go ahead
Stage Three: Legislation
If ‘sufficient support’ is received, the settlement goes through the law-making process. The process is:
- The settlement is introduced to Parliament as a Bill
- The Bill goes to the Māori Affairs Select Committee and is open for public submissions
- The Bill goes through the Second and Third Readings in Parliament, and receives the Royal Assent, becoming law (the Settlement Act)
- The claimant group receives a letter confirming that the settlement has been made law and is complete
Stage Four: Implementation
The Crown and the claimant group work together to make sure everything agreed in the Deed of Settlement happens. This includes:
- Final steps in the set-up of the Post-Settlement Governance Entity (PSGE) and Trust Deed, and the election of trustees (usually while the legislation stage is underway)
- The redress package is transferred to the PSGE within an agreed amount of time, usually 40 working days after the settlement becomes law
- All other arrangements detailed in the agreement are implemented
What Makes up a Settlement?
There are a number of unique factors that we hope will be in the Ngāti Whakaue settlement. What is included in the settlement package is yet to be determined and will be negotiated with the Crown, but there are three standard types of redress that are usually included in a settlement package:
Historical Account, Acknowledgements and Crown Apology
The Historical Account will provide an outline of historical events that are agreed between the Crown and the claimant group.
The Acknowledgements will provide the basis for the Crown Apology to Ngāti Whakaue for the Crown’s actions or inactions.
Cultural Redress
Includes:
Vesting of significant land that is in Crown ownership;
Safeguarding rights and access to customary food-gathering sources;
Input into the management or control of sites, areas or customary resources on Crown-owned land;
Develop relationships with government departments in areas such as Conservation, Environment, Culture and Heritage as well as Local Authorities;
Recognition of traditional place-names through name changes to sites.
Commercial Redress
Includes:
Right to Purchase or Deferred Selection Purchase of Crown Owned Lands;
Quantum (otherwise known as the cash component);
A Right of First Refusal (RFR) to purchase any surplus Crown Lands in the exclusive Ngāti Whakaue rohe for a number of years.
