Ngapuhi negotiations should go on hold - Tribunal

The Waitangi Tribunal say Ngapuhi Treaty Settlement negotiations should go on hold so issues raised by the Tribunal can be addressed.

Today the Tribunal released the findings of its inquiry into the Crown's decision to recognise the Tuhoronuku Independent Mandate Authority (Tuhoronuku IMA) as the body to negotiate the settlement on behalf of Ngapuhi.

The inquiry was conducted after opposing hapu and hapu collectives filed claims with the Tribunal in objection to the Tuhoronuku IMA negotiating on their behalf.

The Tribunal concluded while it did not believe the mandate process needed to be re-run, negotiations between the Crown and Tuhoronuku should be halted so issues can be addressed.

Claimants alleged the Crown had predetermined its decision to recognise the Tuhoronuku IMA as having mandate to negotiate the settlement and argued the Crown's decision undermined the rangatiratanga of their hapu.

The claims were heard under urgency in Waitangi in December last year and Wellington in March this year.

While the Tribunal concluded the Crown did not predetermine its decision to recognise the Tuhoronuku IMA's mandate, having engaged with those opposing the mandate in good faith over a number of years, it did acknowledge that by recognising the mandate the Crown failed to protect hapu rights in determining how they would be represented in settlement negotiations.

The Tribunal said the structure of the Tuhoronuku IMA denied hapu any effective means of withdrawing from it or exerting control over how they are represented by the body.
The Tribunal has recommended the Crown delay its negotiations with the Tuhoronuku IMA to give Ngapuhi the time and space needed to address flaws identified by the Tribunal.

And while it is not recommend that the mandating process be re-run, the Tribunal did recommend that Ngapuhi hapu be given the opportunity to confirm whether they wish to be represented in settlement negotiations by the Tuhoronuku IMA.

The Northern Advocate will have more in tomorrow's print edition.