Treaty Settlement Process: (ISSUES: (Tribunal has limited judicial power.…
Treaty Settlement Process:
ToW is now upheld in legislation through 1975 ToW At, created Waitangi Tribunal for if the crown was to breach the principles of the Treaty.
Limitations: Maori only have the right to take cases to tribunal for treaty breaches after 1975.
ToW AA 1985: Rectified this, extended tribunals jurisdiction back to 1840.
Lodge claim based on fact; here's an Act that the Crown implemented, heres the breach.
Tribunal defines ToW principles in the context of the claim.
Tribunal would do historical research.
Witness evidence would be conducted.
Report: legal analysis, historical research and dsicussion of the relevance of the principles.
Tribunal makes recommendation (redress, land returned, military compensation.)
Tribunal has limited judicial power.
The recommendation gets passed onto the Office of Treaty Settlement, Act is passed.
Function of Treaty: allows for grievances, witnesses ti be heard.
Foreshore and Seabed 2004: Court did not accept Tribunals recommendation.
E.G. Nga Raura:
Tribunal found that grave breaches of the treaty had occurred relating to NZ Wars, land confiscations and destruction of the Parihaka Settlement in 1881.
Separate negotiation arguments offered with each of the major Taranaki Iwi. In 2002 an agreement principle was signed, followed by a draft deed of settlement in 2003. After ratifiation by Nga Raura, the legislation was passed cementing statute into legislation making the Ngaa Raura Kiitahi Claims Settlment Act 2005.
Model Example: Takes 5 years to complete, with minimal disputes between parties. Shows the intensity of the negotiations.
Forms of redress: The historical count agreed between parties. Crown Apology. Statutory acknowledgements, deed or recognition and overlay classifications over important geographical sites. The change of a specific place name from English to Maori. Transfer of 5 parcels of Crown owns the land, including a beach and bed of a lake as cultural redress. Restoration of Nga Raura success to customary fisheries and traditional camping areas. Protocols to manage relationships. Annual meeting with the Crown to discuss the treaty relationship. $31 million. Right to refusal to buys specific crown-owned propeties in the triunal region.