Unresolved Treaty claims an ongoing burden

By DIANA MCCURDY

The Waitangi Tribunal has been examining claims for almost 30 years now, and the Crown has paid more than $675 million in financial redress (including the commercial fisheries deal). But still hundreds of claims are waiting to be heard.

Over the years, Maori have registered more than 1050 claims at the Waitangi Tribunal's head office in Wellington.

One quarter have been disposed of. The others are either still wending their way through the system, or - as is the case with 25 per cent - still waiting at the initial registration phase.

On paper, the number of claims looks enormous. But those working within the system are at pains to point out that claims are typically not heard individually. For example, the Central North Island claim, now in the research phase, wraps 160 claims into one large district claim.

Officially, the tribunal expects to have reported on all historic claims by 2010 and all generic claims by 2012. Whether this will happen is a moot point.

Even chief judge Joe Williams has acknowledged there is no guarantee the tribunal will meet its self-imposed deadline.

And even if it does, the tribunal is by no means the end of the process. Once it has reported on a claim, claimants then go to the Office of Treaty Settlements, which negotiates settlements on behalf of the Crown.

The Crown is at present in discussions with about 25 claimant groups and it typically takes about four years to reach final settlement from the onset of negotiations. Last year, three Deeds of Settlement were signed. In the year before, none.

Treaty Minister Margaret Wilson acknowledges that resolving Maori grievances is a long process.

"I know that some members of the public are concerned at the time this process takes, and so am I, but I note the experience of the previous Government when it tried to hasten the conclusion of the process through the fiscal envelope proposal. It was unsuccessful and probably delayed the whole process."

It is impossible, she says, to set a final date for settlements without the possibility of creating a whole new set of grievances. But she believes the Crown's firm policy of negotiating with "large natural groups" (rather than small factions) will speed up the process.

"I'm conscious that settlements mean claimants can move from 'grievance mode' and have their losses acknowledged by the Crown, and can focus on their future development - which has benefits not just for Maori, but for our nation as a whole."

Claimant groups are also now given the option of bypassing the Waitangi Tribunal and negotiating directly with the Crown. This saves time and, importantly, legal fees.

In the past three years the Crown has spent more than $8 million on legal fees for Waitangi settlements, although more than two-thirds of this has been for work done by the Crown Law Office.

Where tribunal hearings typically require a gaggle of lawyers, negotiations with the Office of Treaty Settlements can be overseen by one.

The Central North Island claimants are currently taking this approach - although they are also keeping their claim progressing through the tribunal in case negotiations break down.

For Maori, of course, settlement is just the beginning. Claimant groups then have to set about managing their new wealth and ensuring that those who need it have access to funds and services.

The Waikato-Tainui raupatu is often held up as an example of what not to do. Tainui has been dogged by the spectre of financial mismanagement and poor investment since it settled for $170 million in 1995.

In 2002, it posted a loss and had no funds to distribute to its members. But last year it turned its performance around to post an $8.3 million profit - of which $3.3 million was set aside to be channelled back to members.

Since then, the Crown now requires claimant groups to establish a governance entity accountable to all beneficiaries before the money is handed over.

The result of settlements can be extraordinary. In the South Island, Ngai Tahu has become an entity of monolithic proportions.

From a $170 million settlement in 1998, it now has equity of $300 million and assets of $396 million. Last year, the iwi announced a surplus of $22.7 million.

Te Rununga o Ngai Tahu chief executive officer Tahu Potiki says just under half of that money is reinvested, and the rest is spent on social delivery programmes such as education, culture and arts.

All tertiary students of Ngai Tahu descent, for example, have access to grants. And all secondary students can receive grants to attend Kip McGrath Education Centres for extra tutoring.

Wilson points out that when people accuse the Government of giving Maori special benefits, it is often these funding programmes they are thinking of - a sign that some settlements are actually reaching flax-roots Maori.

But the short answer to the cliche question "when will it all end" remains: nobody knows.

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