Treaty Settlements

The purpose of Treaty settlements is to settle claims of breaches by the Crown under Te Tiriti o Waitangi. Unfortunately for Maori, the current treaty settlement process was designed to meet Crown requirements rather than to achieve just settlements. Major changes are required if treaty settlements are to be seen as just and enduring. 

MANA policy priorities are to: 

Appoint an independent Treaty of Waitangi Commissioner

  • Elected by Māori voters every 6 years at general elections to oversee
    • the rewrite of Treaty Settlement legislation
    • the redrafting of the authority of the Waitangi Tribunal
    • settlement negotiations between Crown and claimants
    • ongoing education for the public of Aotearoa 

Rewrite treaty settlement legislation to ensure settlements are just and enduring

  • abolish ‘full and final’ settlements
  • abolish the Crown’s 2020 deadline for finalising treaty settlements
  • abolish the Crown’s ‘large natural groupings’ and  allow claimants to choose who they work with
  • replace the Crown’s Treaty Principles with He Whakaputanga o Te Rangatiratanga o Nu Tireni and Te Tiriti o Waitangi as the reference points for settlement dealings
  • prioritise the return of land over cash settlements
  • increase settlements from 3% to 50% of claim value
  • have the Crown purchase private land rather than allow them to be sold to foreign buyers
  • include all Crown land in the treaty settlement process
  • widen settlements to include shareholding in crown assets, and ongoing shared governance in national and local government to reflect the partnership inherent in Te Tiriti o Waitangi
  • restore the right of iwi and hapū to lodge claims dating back to the arrival of Europeans
  • replace Crown settlement facilitators with people appointed by the Commissioner on the recommendation of the Crown and Maori
  • expedite the settlement of claims in a fair and timely manner 

Extend the resources and jurisdiction of the Waitangi Tribunal

  • empower the Waitangi Tribunal to address issues across a wider range of cases
  • increase resourcing of the Waitangi Tribunal to enable them to better hear claims
  • increase the authority of the Tribunal to bind the Crown to its recommendations 

THE NGĀPUHI SETTLEMENT 

When the Waitangi Tribunal said Ngapuhi did not cede sovereignty that made the Ngāpuhi claim different to all other claims in Aotearoa. It meant that Ngāpuhi:

  • should not accept a full and final settlement
  • should not have to settle for the 3% everyone else was forced to accept
  • should not have to accept the Crown saying who can represent them 

And now that government has walked away from the settlement process

Ngāpuhi can build a new future based on Te Whakaputanga me Te Tiriti o Waitangi

  • Where Government manages its own affairs and Ngāpuhi takes care of her own
  • Where the Crown and Ngāpuhi negotiate governance and sovereignty issues
  • Where Ngāpuhi develops a comprehensive plan to build a strong and independent future
  • Where Ngāpuhi commits to the rebuilding of the capacity and leadership of her hapu
  • Where Ngāpuhi captures the truly global spread of all her descendants
  • Where Ngāpuhi establishes a strong tribal base to meet the needs of all her people 

MANA recommends: 

  • the establishment of a Ngāpuhi Development Trust with 9 trustees, including Raniera Tau (Tūhoronuku) Pita Tipene (Kotahitanga) Kevin Davis (Tai Tokerau MP) and Titewhai Harawira (Ngāpuhi Kuia) and 5 others, to provide forward momentum for Ngāpuhi
  • Government invests $20 million in the Trust – on account – to help build the capacity of hapu and taurahere, and the infrastructure for Ngāpuhi’s future;
  • Government invests $50 million in the Trust to help rebuild the economy in Northland in conjunction with local authorities (the economic devastation facing Northland is almost exclusively the fault of the Crown, not Ngāpuhi).
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