'Good faith' failed over Rena wreck

The wreck of the Rena

The Crown failed to act in good faith in its dealings with iwi claimants over the future of the Rena wreck, the Waitangi Tribunal has found.

The final report on the MV Rena and Motiti Island Claims was released yesterday and focused on the Crown's conduct in signing the deeds with the Rena owners in October 2012. It came four months after the release of an interim report on the Crown's consultation with Maori after it signed the three deeds.

In the report, Judge Sarah Reeves states: "What we have seen of the Crown's conduct during the course of our inquiry has left us concerned about how it is approaching its Treaty partnership with the claimants."

The report supported claims from Motiti Rohe Moana Trust, Ngai Te Hapu Incorporated Society and the Mataatua District Maori Council - representing Maori who live on or affiliate to Motiti Island - that iwi were not included in crucial consultation regarding Rena's future. The report referred to selective filtering of information to local Maori and media.

It included a media statement from the Minister of Transport in September 2012 announcing a $10.4 million payment from Rena's owner and insurers Daina Shipping and the Swedish Club if they apply for, are granted and use a resource consent to leave part of the wreck in place.

"In these circumstances, we understand why the claimants (iwi) were concerned about the Crown's motivations in relation to the Wreck Removal Deed and suspicious of the deed's impacts. We do not consider that the Crown's conduct in this regard was in accord with its duty as Treaty partner to act reasonably, honourably and in good faith."

The report acknowledged the Crown had submitted partial opposition to the resource consent application following July's interim report.

Motiti Rohe Moana Trust chairman Umuhuri Matehaere said iwi members were grateful to the tribunal for providing a prompt and balanced decision and felt completely vindicated by the findings.

"We have been incredibly disappointed by the Crown's effective disregard of the interim report but are hopeful that the Crown will give greater weight to the tribunal's final report. We look forward to immediate engagement with the Crown to discuss how best to give effect to the tribunal's findings, so that we are able to actively protect our taonga."

The tribunal recommended the Crown pay particular regard to how it can protect Maori interests in the resource consent process.

Meanwhile, the Rena owner, insurer and project team have decided not to proceed with direct referral to the Environment Court of the application for resource consent to leave what remains of the Rena on Astrolabe reef. Instead, the application will be heard by independent commissioners appointed by the Bay of Plenty Regional Council, which is likely to take place in Tauranga in the first half of 2015.