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The Maori Party today condemned how negotiations during an Auckland treaty settlement case have been handled, called for a review of the settlement process and said an independent authority was needed.
The Waitangi Tribunal today released a damning report into the Tamaki Makaurau settlement process which Maori Party co-leader Pita Sharples says is an indictment that must be taken seriously.
"The Maori Party condemns, in our strongest possible form, a process which is described as treating iwi in a way which was cavalier, unfair and in a generally uncooperative manner," Dr Sharples said.
The Government last year announced it had reached an agreement in principle which would give Ngati Whatua o Orakei $10 million and included stewardship over several iconic Auckland volcanos.
But several other iwi complained to the tribunal that the Government had not given enough consideration to their claims, and today's report agreed.
"The process has been too flawed for any of the proposed redress to proceed safely," the tribunal report said.
It said negotiations could resume after remedial action was taken and should encompass other groups.
"The groups' interest are too intermingled for any settlement with one to go forward until the others' interests have been fully understood," it said.
The tribunal also said the Auckland negotiations seemed to follow an unjust philosophy of picking one main claimant when there were overlapping claims and negotiating with them first.
"The Crown made no overtures to meet with any of the other tangata whenua groups in Tamaki Makaurau in the years prior to the agreement in principle," he said.
"We thought that this was a very limited view. To put it plainly, we think that the Office of Treaty Settlements has it wrong when it comes to dealing with what it calls overlapping claimants."
Dr Sharples said the Office of Treaty Settlements had "bungled" the process.
Maori MP Te Ururoa Flavell said a review of the Treaty process was needed and an independent settlements authority should be set up.
He said it was common for iwi to tell the party they faced "insurmountable difficulties" with settlement processes.
"Failure to achieve reconciliation amongst iwi can create enormous conflicts within and between iwi. What the process continues to highlight is a concerted campaign of the Crown to pit iwi against iwi," Mr Flavell said.
The Crown was trying to wind up settlements but risked getting questionable settlements.
"We know that iwi Maori will be extremely cautious about their engagement with the Crown knowing full well that the cards are stacked against them."
Treaty Negotiations Minister Mark Burton said the Government would consider the tribunal's recommendations closely.
However, he was unsure whether getting all affected parties to negotiate together was realistic, especially as some had very different grievances.
"This approach also raises questions over whether all these groups are equally prepared and organised; and critically how their claims outside Auckland should be addressed. For instance some of these groups have claims that stretch as far south as Tauranga and right up into Northland," Mr Burton said.
He also disagreed with a suggestion that the Crown prioritised this negotiation ahead of groups elsewhere in New Zealand, some of which were close to formally entering treaty settlement negotiations.
"These suggestions would represent a significant shift away from the current Crown approach and would lead to delays in settling claims where claimants are ready and willing to proceed to settlement.
"It could also mean delaying the settlement with Ngati Whatua o Orakei for what could be a number of years."
The proposed settlement announced a year ago would have given Ngati Whatua o Orakei $10 million and stewardship over One Tree Hill, Mt Roskill, part of Mt Eden and the Purewa Creek area.
National Party Treaty negotiations spokesman Christopher Finlayson said Mr Burton and the OTS had to wear the blame.
Mr Finlayson said he this week questioned Mr Burton during a select committee and was told the settlement was fine.
"Obviously Mr Burton either has no idea what is happening in his own portfolio or he was being less than truthful," he said.
"The tribunal's criticism of the OTS goes to the heart of the good faith in which the Crown is supposed to approach settlement negotiations, and undermines the confidence with which all claimants can have in Mark Burton and his officials."
- NZPA
