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Treaty of Waitangi claims and settlements

Claims and settlements under the Treaty of Waitangi (Māori: Te Tiriti o Waitangi) have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims. Successive governments have increasingly provided formal legal and political opportunity for Māori to seek redress for what are seen as breaches by the Crown of guarantees set out in the Treaty of Waitangi. While it has resulted in putting to rest a number of significant longstanding grievances, the process has been subject to criticisms including those who believe that the redress is insufficient to compensate for Māori losses. The settlements are typically seen as part of a broader Māori Renaissance.

The Waitangi Tribunal was set up as the primary means of registering and researching claims because the Treaty of Waitangi itself has little legal standing. The primary means of settling those claims is through direct negotiations with the government of the day.

History of the Treaty edit

 
The Waitangi Sheet of the Treaty of Waitangi

The Treaty of Waitangi was first signed on 6 February 1840 by representatives of the British Crown and Māori chiefs (rangatira) from the North Island of New Zealand, with a further 500 signatures added later that year, including some from the South Island. It is one of the founding documents of New Zealand.[1][2] It was preceded by the Declaration of Independence or He Whakaputanga signed in 1835, where some North Island Māori proclaimed the country of New Zealand to an international audience as an independent state with full sovereign power and authority held with Māori chiefs (rangatira).[3][clarification needed]

The Treaty of Waitangi was written in English and translated into the Māori language (Te Reo). As some words in the English treaty did not translate directly into the written Māori of the time, this text is not an exact translation of the English text, such as in relation to the meaning of having and ceding sovereignty.[4][5] In the English version, Māori ceded the sovereignty of New Zealand to Britain; Māori gave the Crown the exclusive right to purchase lands they wished to sell, and, in return, Māori were guaranteed full ownership of their lands, forests, fisheries and other possessions and were given the rights of British subjects. However, in the Māori language version of the Treaty is very different, the word 'sovereignty' was translated as kawanatanga ('governance'). And in contradiction to the English language version, Māori retained authority and sovereignty, and did not give this to the Queen.[3] In addition, the English version guaranteed 'undisturbed possession' of all 'properties', but the Māori version guaranteed tino rangatiratanga ('full authority, sovereignty') over taonga ('treasures').[1]

Around 530 to 540 Māori, at least 13 of them women, signed the Māori version of the Treaty of Waitangi, known as Te Tiriti o Waitangi.[6][7] Only 39 signed the English version after the Māori language version was read to them.[8]

The different understandings of the content of the treaty led to disagreements between Pākeha and Māori, beginning almost immediately after the signing of the treaty, and contributed to the New Zealand Wars, which culminated in the confiscation of a large part of the Waikato and Taranaki.[9]

Early settlements and claims edit

Matiaha Tiramōrehu made the first formal statement of Ngāi Tahu grievances in 1849, only one year after the Canterbury purchase between Ngāi Tahu and Henry Tacy Kemp, this land transaction was very large, 20 million acres for £2,000.[10][11] Between the 1870s and the 1990s almost every Ngāi Tahu leader was actively pursuing the Ngāi Tahu claim in Parliament.[10]

In the 1920s, land commissions investigated the grievances of hapū whose land had been confiscated or otherwise fraudulently obtained in the previous century, and many were found to be valid.[12] By the 1940s, settlements in the form of modest annual payments had been arranged with some hapū. However, hapū came to consider the amounts to be inadequate, especially as inflation eroded their value, and the Crown has conceded that it did not sufficiently seek the agreement of hapū to declare their claims settled.[13]

The Waitangi Tribunal edit

During the late 1960s and 1970s the Treaty of Waitangi became the focus of a strong Māori protest movement which rallied around calls for the government to 'honour the treaty' and to 'redress treaty grievances'. Māori expressed their frustration about continuing violations of the treaty and subsequent legislation by government officials, as well as inequitable legislation and unsympathetic decisions by the Māori Land Court alienating Māori land from its Māori owners.[14]

In 1975 the Treaty of Waitangi Act established the Waitangi Tribunal to hear claims about Crown acts that were inconsistent with the principles of the Treaty. It allowed any Māori to lodge a claim against the Crown for breaches of the Treaty of Waitangi and its principles. Originally its mandate was limited to claims about contemporary issues, that is, those that occurred after the establishment of the Tribunal. Early claims included the "Te Reo Māori" claim.[15] As a result of the Tribunal's report into the claim, in 1987 the government made Te Reo Māori an official language of New Zealand, and established the Maori Language Commission to foster it. The pivotal issue considered by the Tribunal was whether a language could be considered a "treasure" or "taonga", and thus protected by the Treaty. Significant research has been undertaken in New Zealand as a result of claims being put to the Waitangi Tribunal. Much of this has been generated by iwi (Māori tribal groups), a lasting example is the Ngāti Awa Research Centre established in 1989.[16][17]

In 1985 the Fourth Labour Government extended the Tribunal's powers to allow it to consider Crown actions dating back to 1840,[18] including the period covered by the New Zealand Wars. The number of claims quickly rose, and during the early 1990s, the government began to negotiate settlements of historical (pre-1992) claims.[19]

Typically a negotiated Treaty settlement has 'agreed historical account, Crown acknowledgements of Treaty breach, and a Crown apology' and legal extinguishment of all claims.[20] Featured in the Waikato-Tainui Ngāi Tahu settlements in 2009 and all subsequent settlements was redress described in these three areas: a historical account of grievances and an apology, a financial package of cash and transfer of assets (no compulsory acquisition of private land), and cultural redress, where a range of Māori interests are acknowledged which often related to sites of interest and Māori association with the environment.[21]

While early Tribunal recommendations mainly concerned a contemporary issue that could be revised or rectified by the government at the time, historical settlements raised more complex issues. The Office of Treaty Settlements was established in the Ministry of Justice to develop government policy on historical claims. In 1995, the government unilaterally developed the "Crown Proposals for the Settlement of Treaty of Waitangi Claims"[22] to attempt to address the issues and extinguish all Māori treaty claims.

A key element of the proposals was the creation of a "fiscal envelope" of $1 billion for the settlement of all historical claims, an effective limit on what the Crown would pay out in settlements. The Crown held a series of consultation hui around the country, at which Māori vehemently rejected the proposals including such a limitation in advance of the extent of claims being fully known.[23] The concept of the fiscal envelope was subsequently dropped after the 1996 general election although it remained de facto. Despite the protest, three major settlements during were reached during the 1990s. The Minister of Justice and Treaty Negotiations at the time, Sir Douglas Graham, is credited with leading a largely conservative National government to make these breakthroughs.[24]

In 2013 the Ministry of Justice set up a Post Settlement Commitment Unit to create a central register of Treaty commitments that were created through the settlement process when it became clear that settlements were not being actioned.[21] Government Minister Chris Finlayson was part of this and states the purpose was to create an 'institutional safeguard' to protect settlements and support them being durable and final. Finlayson's intention was that the Post Settlement Commitment Unit on completion of settlements would replace the Office of Treaty Settlements.[21] The register was created and Finlayson states of the register, "By the time I left office, over 7000 commitments had been entered into various deeds of settlement."[21] In 2018 the Post Settlement Commitment Unit was incorporated into a new Crown agency Te Arawhiti (Office for Māori Crown Relations).[21][25] The web-portal Te Haeata was created in 2019 as a searchable record by arms of the Crown to find Treaty settlement commitments as recorded in deeds of settlement and government legislation.[26]

Settlements of the 1990s edit

Sealord edit

The Treaty guaranteed to Māori their lands, forests and fisheries. Over time, however, New Zealand law began to regulate commercial fisheries, so that Māori control was substantially eroded. To resolve this grievance, in 1989 an interim agreement was reached. The Crown transferred 10 percent of New Zealand's fishing quota (some 60,000 tonnes), together with shareholdings in fishing companies and $50 million in cash, to the Waitangi Fisheries Commission. This commission was responsible for holding the fisheries assets on behalf of Māori until an agreement was reached as to how the assets were to be shared among tribes. In 1992, a second part of the deal, referred to as the Sealord deal, marked full and final settlement of Māori commercial fishing claims under the Treaty of Waitangi. This included 50% of Sealord Fisheries and 20% of all new species brought under the quota system, more shares in fishing companies, and $18 million in cash. In total it was worth around $170 million.[27] This settlement was undertaken under the leadership of the Hon. Matiu Rata and Dr. George Habib.[28]

Waikato Tainui Raupatu edit

The first major settlement of historical confiscation, or raupatu, claims was agreed in 1995. Waikato-Tainui's confiscation claims were settled for a package worth $170 million, in a mixture of cash and Crown-owned land. The settlement was accompanied by a formal apology as part of the claims legislation, granted Royal assent by Queen Elizabeth II in person during her 1995 Royal tour of New Zealand. The Crown apologised for the Invasion of the Waikato and the subsequent indiscriminate confiscation of land.

Ngāi Tahu edit

Ngāi Tahu's claims covered a large proportion of the South Island of New Zealand, and related to the Crown's failure to meet its end of the bargain in land sales that took place from the 1840s.[29] Chris Finlayson was one of the lawyers working for Ngāi Tahu during the mid 1990s as the negotiations were taking place, he states a litigious approach was used and was needed to keep things moving. The settlement deed was signed in 1997 in Kaikōura.[30] Ngāi Tahu sought recognition of their relationship with the land, as well as cash and property, and a number of novel arrangements were developed to address this. Among other things, Ngāi Tahu and the Crown agreed that Mt Cook would be formally renamed Aoraki / Mount Cook, and returned to Ngāi Tahu to be gifted back to the people of New Zealand.

Settlements of the 2000s edit

The process of negotiating historical claims continued after the 1999 election and the subsequent change in government without radical change to government policy. The models developed for the early settlements remain a strong influence. The first Labour Minister of Treaty Negotiations was Margaret Wilson. On her appointment as Speaker of the House in early 2005, she was followed in the role by Mark Burton. He was replaced by Deputy Prime Minister Michael Cullen in November 2007.

In June 2008, the Crown and representatives from seven Māori tribes signed an agreement relating to Crown forest land that was dubbed "Treelords" by the media,[31] because of perceived similarities to the Sealord deal of the 1990s. Like Sealord, it relates to a single issue, but covers multiple tribes. The agreement contains only financial redress, on account against comprehensive settlements to be negotiated with each tribe within the Collective. The agreement is the largest to date, by financial value, at NZ$196 million worth of forest land in total (including the value of the Affiliate Te Arawa Iwi and hapū share). In addition, but not counted by the government as part of the redress package, the tribes will receive rentals that have accumulated on the land since 1989, valued at NZ$223 million.[32]

By July 2008, there were 23 settlements of various sizes.[33] In November 2008, Chris Finlayson, a Wellington-based lawyer with experience in Treaty claims with Ngāi Tahu, was appointed Minister for Treaty Negotiations following the National Party victory in the 2008 election. Between 2008 and 2017, Finlayson was credited with helping to resolve 60 Treaty settlements.[34]

As well as the much publicised land and financial compensation, many of these later settlements included changing the official place names. This introduced significant numbers of macrons into official New Zealand place names for the first time.[35]

List of Treaty Settlements edit

Claimant group Year lodged Deed signed Act / enactment date Some details on settlements Ref.
Commercial Fisheries 1992 Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 NZ$170 million[36] [37]
Ngāti Rangiteaorere 1993 Reserves and Other Lands Disposal Act 1993 Te Ngae Mission Farm, Tikitere [38]
Hauai 1993 Reserves and Other Lands Disposal Act 1995 [39]
Ngati Whakaue 1994
Waikato – Tainui Raupatu 1995 Waikato Raupatu Claims Settlement Act 1995[40] NZ$170 million[36] [40]
Waimakuku 1995
Rotoma 1996
Te Maunga 1996
Ngāi Tahu 1997 Ngāi Tahu Claims Settlement Act 1998[41][42] NZ$170 million[36] Second major settlement[30] [1]: 2 
Ngati Turangitukua 1998 Ngāti Tūrangitukua Claims Settlement Act 1999[43] [43]
Pouakani 1999 Pouakani Claims Settlement Act 2000[44] NZ$2 million[30] [44]
Te Uri o Hau 2000 Te Uri o Hau Claims Settlement Act 2002[45] [45]
Ngati Ruanui 2001 Ngati Ruanui Claims Settlement Act 2003[46]
Ngati Tama 2001 Ngati Tama Claims Settlement Act 2003[47]
Ngati Awa (including ancillary claims) 1988[48] 2003 Ngāti Awa Claims Settlement Act 2005[49] NZ$42.3 million[36] Through Ngāti Manawa and Ngāti Whare settlements membership of Rangitāiki Rover Forum[30]
Ngati Tuwharetoa (Bay of Plenty) 2003 Ngāti Tuwharetoa (Bay of Plenty) Claims Settlement Act 2005[48]
Nga Rauru Kitahi 2003
Te Arawa (Lakes) 2004 Te Arawa Lakes Settlement Act 2006[50] Transferred ownership of 13 lakebeds and established a joint organisation to improve the lakes, Rotorua Lakes Strategy Group (a joint committee between Te Arawa, Bay of Blenty Regional Council and Rotorua District Council)[30][51]
Ngati Mutunga 2005 Ngāti Mutunga Claims Settlement Act 2006[52]
Te Roroa 2005 Te Roroa Claims Settlement Act 2008[53]
Te Arawa Affiliate Iwi and hapū 2008 Affiliate Te Arawa Iwi and hapū Claims Settlement Act 2008[54]
Central North Island Forests Iwi Collective[55] 2008 Central North Island Forests Land Collective Settlement Act 2008[56] This settlement was with the following iwi: Ngāi Tuhoe, Ngāti Manawa, Ngāti Rangitihi, Ngāti Tūwharetoa, Ngāti Whakaue, Ngāti Whare, Raukawa and the Affiliate Te Arawa Iwi/Hapū[30]
Taranaki Whanui ki Te Upoko o Te Ika 2008 Port Nicholson Block (Taranaki Whānui ki Te Upoko o Te Ika) Claims Settlement Act 2009[57]
Waikato-Tainui 2009 Waikato-Tainui Raupatu Claims (Waikato River) Settlement Act 2010[58]
Ngāti Apa Ngāti Apa (North Island) Claims Settlement Act 2010[59]
Whanganui Iwi (Whanganui (Kaitoke) Prison and Northern Part of Whanganui Forest) On-account Settlement Act 2011[60]
Ngāti Manawa 2003[61] 2009[61] Ngāti Manawa Claims Settlement Act 2012[62] Four sites vested jointly in Te Rünanga o Ngāti Manawa and Te Rūnanga o Ngāti Whare: Te Tāpiri pā, Okarea pā, Te Rake pā; and Hinamoki pā (battle site)[61]
Ngāti Whare 2009 Ngāti Whare Claims Settlement Act 2012[63]
Ngāti Pāhauwera 2010 Ngāti Pāhauwera Treaty Claims Settlement Act 2012[64]
Ngāti Porou 2010 Ngati Porou Claims Settlement Act 2012[65] NZ$90 million[36] including Crown forestry rental and cultural redress[30]
Maraeroa A and B Blocks Claims Settlement Act 2012[66]
Ngāti Mākino 2011 Ngāti Mākino Claims Settlement Act 2012[67]
Rongowhakaata Claims Settlement Act 2012[68]
Ngai Tāmanuhiri 2011 Ngai Tāmanuhiri Claims Settlement Act 2012[69]
Te Aupōuri 2012 2015 Te Oneroa-a-Tōhē/Ninety Mile Beach Co-Governance [30]
Raukawa 2012 2014 [30]
Ngāti Ranginui 2012 - [30]
Tāmaki Makaurau Collective 2012 2014 [30]
Ngāti Whare 2012 Ngāti Whare Settlement Claims Act 2012
Ahuriri Hapū 2016 [70]
Central Whanganui (Te Korowai o Wainuiārua) 2018 [70]
Ngāti Maru (Taranaki) 2020 [71]
Ngāti Maniapoto 2020 [71]
Waikato-Tainui terms of negotiation 2020 [71]
Ngāti Rangitihi 2020 [71]
Ngāti Ruapani 2020 [71]
Te Ākitai Waiohua 2011 2021 [71]
Ngāti Maru (Taranaki) 2021 [71]
Ngāti Paoa 2021 [71]
Mōkai Pātea 2021 [71]
Ngāti Kahungunu ki Wairarapa Tāmaki nui-a-Rua 2021 [71]
Maniapoto 2021 A Maniapoto Claims Settlement Bill was published in 2021[72] [71]
Whakatōhea 2021 [71]
Ngāti Mutunga o Wharekauri 2022 Ngāti Mutunga o Wharekauri and the Crown signed an agreement to settle historical Treaty claims relating to the annexation of the Chatham Islands. [73][74]

Mana Motuhake and the Treaty edit

Waitangi Tribunal's Te Paparahi o te Raki inquiry edit

The Waitangi Tribunal, in Te Paparahi o te Raki inquiry (Wai 1040)[75] is in the process of considering the Māori and Crown understandings of He Whakaputanga o te Rangatiratanga / the 1835 Declaration of Independence and Te Tiriti o Waitangi / the Treaty of Waitangi 1840. This aspect of the inquiry raises issues as to the nature of sovereignty and whether the Māori signatories to the Treaty of Waitangi intended to transfer sovereignty.[76]

The first stage of the report was released in November 2014, and found that Māori chiefs in Northland never agreed to give up their sovereignty when they signed the Treaty of Waitangi in 1840. Although the Crown intended to negotiate the transfer of sovereignty through the Treaty, the chiefs' understanding of the agreement was they were only ceding the power for the Crown to control Pākeha and protect Māori.[77] A month before the report's official release a letter was sent to Te Ururoa Flavell, Minister for Māori Development, to notify him of the Tribunal's conclusion. It was signed by Māori Land Court judge Craig Coxtead.[78] Below is a brief excerpt:

We have concluded that in February 1840 the rangatira who signed te Tiriti did not cede their sovereignty . That is, they did not cede their authority to make and enforce law over their people or their territories . rather, they agreed to share power and authority with the Governor . They agreed to a relationship: one in which they and Hobson were to be equal – equal while having different roles and different spheres of influence . in essence, rangatira retained their authority over their hapū and territories, while Hobson was given authority to control Pākehā .

— Report on Stage 1 of the Te Paparahi o Te Raki inquiry, Waitangi Tribunal (November 2014), page 23

Tribunal manager Julie Tangaere said at the report's release to the Ngapuhi claimants:

Your tupuna [ancestors] did not give away their mana at Waitangi, at Waimate, at Mangungu. They did not cede their sovereignty. This is the truth you have been waiting a long time to hear.[77]

In terms of mana motuhake He Whakaputanga, creating a Māori state and government in 1835 and/or Te Tiriti o Waitangi, and those who did not sign anything, thus maintaining mana motuhake.[79] In relation to the former, a summary report (entitled "Ngāpuhi Speaks") of evidence presented to the Waitangi Tribunal concluded that:

  1. Ngāpuhi did not cede their sovereignty.
  2. The Crown had recognised He Whakaputanga as a proclamation by the rangatira of their sovereignty over this country.
  3. The treaty entered into by the rangatira and the Crown — Te Tiriti o Waitangi — followed on from He Whakaputanga, establishing the role of the British Crown with respect to Pākeha.
  4. The treaty delegated to Queen Victoria’s governor the authority to exercise control over hitherto lawless Pākeha in areas of hapū land allocated to the Queen.
  5. The Crown's English language document, referred to as the Treaty of Waitangi, was neither seen nor agreed to by Ngāpuhi and instead reflects the hidden wishes of British imperial power.[80]

Non-Signatory iwi and hapū edit

Ngāti Tūwharetoa academic Hemopereki Simon outlined a case in 2017, using Ngati Tuwharetoa as a case study, for how hapū and iwi that did not sign the Treaty still maintain mana motuhake and how the sovereignty of the Crown could be considered questionable.[79] This work builds on the Te Paparahi o te Raki inquiry (Wai 1040) decision by the Waitangi Tribunal.

Criticisms edit

The Treaty settlement process has attracted criticisms since it began.

The “fiscal envelope” decision by the Government in 1994 had a consultation period in which most Māori 'overwhelmingly rejected' the policy and sparked protests throughout New Zealand.[81][82] The criticism was about the non-negotiable element of a fiscal cap as well as the amount ($1 billion) when Crown valuers assessed that the 1990 dollar loss to just Ngāi Tahu was 'between $12 billion and $15 billion' and the context of Government spending (for example the annual spending in 2018 (excluding capital investment) was about $87 billion).[83][84][85]

The Government settlement process has since 1999 focused mostly on negotiating settlements with iwi (or 'large natural groupings') which has been criticised as not seeking the 'most appropriate social structures for resolving historical Treaty breaches'.[86]

Politicians critical include Winston Peters from New Zealand First suggesting in 2002 that too many claims were being allowed. The ACT party criticised the process and the concept that 'no amount of money can undo past wrongs'.[87][88][89][90] Public Access New Zealand and the One New Zealand Foundation were lobby groups formed to oppose the aspects of Treaty settlements.[90][91]

The Orewa Speech in 2004 saw the National Party for the first time take up the term "Treaty of Waitangi Grievance Industry". National's Māori Affairs spokeswoman Georgina te Heuheu, who was Associate Minister to Sir Douglas Graham, was replaced in the role by Gerry Brownlee. Specific criticism that members of the National Party have made against settlements is that they are not being negotiated quickly enough, that insufficient attention is being given to ensure that claimant negotiators have the support of their people,[92] and that settlement legislation is giving inappropriate weight to the spiritual beliefs of Māori.[93]

In 2005 the Māori Party and Green Party both criticised Treaty settlements on the grounds that the Crown has too much power in negotiations, that settlements negotiated at an iwi level ignore the rights of hapū (clans or subtribes), and that settlement redress is too parsimonious.[94]

While some disagreement remains, parties unanimously supported the legislation to implement the Te Roroa, Affiliate Te Arawa and Central North Island settlements, which were passed in September 2008.[95]

Not addressing overlapping interests in claims early in the process is a criticism made in 2019 over the Pare Hauraki Treaty settlement, a criticism made by Ngāti Wai and acknowledged by Treaty Negotiations Minister Andrew Little as a failing in the process.[96]

Academic Linda Te Aho (Associate Professor, Te Piringa Faculty of Law, University of Waikato) summarises criticisms of the Treaty settlement processes as being:

too heavily weighted in the government's favour', not enough compensation for losses and that the process pits 'Māori against Māori.[97]

Research conducted by academics Professor Margaret Mutu and Dr Tiopira McDowell of the University of Auckland found that the purpose of the settlements was to extinguish claims so that claimants cannot have State Owned Enterprise and Crown Forest lands returned to them through binding recommendations.[98] They also interviewed more than 150 claimants and negotiators and found that:

the process has traumatized claimants, divided their communities, and returned on average less than one percent of their stolen lands' with negotiators and claimants reporting that 'despite what settlement legislation may say, the settlements are not full, not fair and not final and that, like all previous settlements, they will be revisited...the Crown adopts divide-and-rule tactics and pursues them ruthlessly...there is no negotiation, the Crown dictates...Public servants and ministers frequently mislead claimants and misrepresent facts in order to entice claimants into negotiations and then push settlements through...Negotiators frequently report being bullied by public servants and Crown agents and many report having settled under duress. As a result, many do not accept Crown apologies as they are meaningless.[99]

Academic Carwyn Jones in his PhD (published in 2016 by UBC Press, Vancouver) is critical of The Treaty of Waitangi settlement process as 'undermining Māori legal traditions' and sees this as 'impeding the reconciliation of Māori law with the New Zealand legal system'.[100]

References edit

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Further reading edit

External links edit

  • Key Māori claims, New Zealand Herald

treaty, waitangi, claims, settlements, claims, settlements, under, treaty, waitangi, māori, tiriti, waitangi, have, been, significant, feature, zealand, politics, since, treaty, waitangi, 1975, waitangi, tribunal, that, established, that, hear, claims, success. Claims and settlements under the Treaty of Waitangi Maori Te Tiriti o Waitangi have been a significant feature of New Zealand politics since the Treaty of Waitangi Act 1975 and the Waitangi Tribunal that was established by that act to hear claims Successive governments have increasingly provided formal legal and political opportunity for Maori to seek redress for what are seen as breaches by the Crown of guarantees set out in the Treaty of Waitangi While it has resulted in putting to rest a number of significant longstanding grievances the process has been subject to criticisms including those who believe that the redress is insufficient to compensate for Maori losses The settlements are typically seen as part of a broader Maori Renaissance The Waitangi Tribunal was set up as the primary means of registering and researching claims because the Treaty of Waitangi itself has little legal standing The primary means of settling those claims is through direct negotiations with the government of the day Contents 1 History of the Treaty 2 Early settlements and claims 3 The Waitangi Tribunal 4 Settlements of the 1990s 4 1 Sealord 4 2 Waikato Tainui Raupatu 4 3 Ngai Tahu 5 Settlements of the 2000s 6 List of Treaty Settlements 7 Mana Motuhake and the Treaty 7 1 Waitangi Tribunal s Te Paparahi o te Raki inquiry 7 1 1 Non Signatory iwi and hapu 8 Criticisms 9 References 10 Further reading 11 External linksHistory of the Treaty editMain article Treaty of Waitangi nbsp The Waitangi Sheet of the Treaty of Waitangi The Treaty of Waitangi was first signed on 6 February 1840 by representatives of the British Crown and Maori chiefs rangatira from the North Island of New Zealand with a further 500 signatures added later that year including some from the South Island It is one of the founding documents of New Zealand 1 2 It was preceded by the Declaration of Independence or He Whakaputanga signed in 1835 where some North Island Maori proclaimed the country of New Zealand to an international audience as an independent state with full sovereign power and authority held with Maori chiefs rangatira 3 clarification needed The Treaty of Waitangi was written in English and translated into the Maori language Te Reo As some words in the English treaty did not translate directly into the written Maori of the time this text is not an exact translation of the English text such as in relation to the meaning of having and ceding sovereignty 4 5 In the English version Maori ceded the sovereignty of New Zealand to Britain Maori gave the Crown the exclusive right to purchase lands they wished to sell and in return Maori were guaranteed full ownership of their lands forests fisheries and other possessions and were given the rights of British subjects However in the Maori language version of the Treaty is very different the word sovereignty was translated as kawanatanga governance And in contradiction to the English language version Maori retained authority and sovereignty and did not give this to the Queen 3 In addition the English version guaranteed undisturbed possession of all properties but the Maori version guaranteed tino rangatiratanga full authority sovereignty over taonga treasures 1 Around 530 to 540 Maori at least 13 of them women signed the Maori version of the Treaty of Waitangi known as Te Tiriti o Waitangi 6 7 Only 39 signed the English version after the Maori language version was read to them 8 The different understandings of the content of the treaty led to disagreements between Pakeha and Maori beginning almost immediately after the signing of the treaty and contributed to the New Zealand Wars which culminated in the confiscation of a large part of the Waikato and Taranaki 9 Early settlements and claims editMatiaha Tiramōrehu made the first formal statement of Ngai Tahu grievances in 1849 only one year after the Canterbury purchase between Ngai Tahu and Henry Tacy Kemp this land transaction was very large 20 million acres for 2 000 10 11 Between the 1870s and the 1990s almost every Ngai Tahu leader was actively pursuing the Ngai Tahu claim in Parliament 10 In the 1920s land commissions investigated the grievances of hapu whose land had been confiscated or otherwise fraudulently obtained in the previous century and many were found to be valid 12 By the 1940s settlements in the form of modest annual payments had been arranged with some hapu However hapu came to consider the amounts to be inadequate especially as inflation eroded their value and the Crown has conceded that it did not sufficiently seek the agreement of hapu to declare their claims settled 13 The Waitangi Tribunal editMain articles Waitangi Tribunal and Treaty of Waitangi Act 1975 During the late 1960s and 1970s the Treaty of Waitangi became the focus of a strong Maori protest movement which rallied around calls for the government to honour the treaty and to redress treaty grievances Maori expressed their frustration about continuing violations of the treaty and subsequent legislation by government officials as well as inequitable legislation and unsympathetic decisions by the Maori Land Court alienating Maori land from its Maori owners 14 In 1975 the Treaty of Waitangi Act established the Waitangi Tribunal to hear claims about Crown acts that were inconsistent with the principles of the Treaty It allowed any Maori to lodge a claim against the Crown for breaches of the Treaty of Waitangi and its principles Originally its mandate was limited to claims about contemporary issues that is those that occurred after the establishment of the Tribunal Early claims included the Te Reo Maori claim 15 As a result of the Tribunal s report into the claim in 1987 the government made Te Reo Maori an official language of New Zealand and established the Maori Language Commission to foster it The pivotal issue considered by the Tribunal was whether a language could be considered a treasure or taonga and thus protected by the Treaty Significant research has been undertaken in New Zealand as a result of claims being put to the Waitangi Tribunal Much of this has been generated by iwi Maori tribal groups a lasting example is the Ngati Awa Research Centre established in 1989 16 17 In 1985 the Fourth Labour Government extended the Tribunal s powers to allow it to consider Crown actions dating back to 1840 18 including the period covered by the New Zealand Wars The number of claims quickly rose and during the early 1990s the government began to negotiate settlements of historical pre 1992 claims 19 Typically a negotiated Treaty settlement has agreed historical account Crown acknowledgements of Treaty breach and a Crown apology and legal extinguishment of all claims 20 Featured in the Waikato Tainui Ngai Tahu settlements in 2009 and all subsequent settlements was redress described in these three areas a historical account of grievances and an apology a financial package of cash and transfer of assets no compulsory acquisition of private land and cultural redress where a range of Maori interests are acknowledged which often related to sites of interest and Maori association with the environment 21 While early Tribunal recommendations mainly concerned a contemporary issue that could be revised or rectified by the government at the time historical settlements raised more complex issues The Office of Treaty Settlements was established in the Ministry of Justice to develop government policy on historical claims In 1995 the government unilaterally developed the Crown Proposals for the Settlement of Treaty of Waitangi Claims 22 to attempt to address the issues and extinguish all Maori treaty claims A key element of the proposals was the creation of a fiscal envelope of 1 billion for the settlement of all historical claims an effective limit on what the Crown would pay out in settlements The Crown held a series of consultation hui around the country at which Maori vehemently rejected the proposals including such a limitation in advance of the extent of claims being fully known 23 The concept of the fiscal envelope was subsequently dropped after the 1996 general election although it remained de facto Despite the protest three major settlements during were reached during the 1990s The Minister of Justice and Treaty Negotiations at the time Sir Douglas Graham is credited with leading a largely conservative National government to make these breakthroughs 24 In 2013 the Ministry of Justice set up a Post Settlement Commitment Unit to create a central register of Treaty commitments that were created through the settlement process when it became clear that settlements were not being actioned 21 Government Minister Chris Finlayson was part of this and states the purpose was to create an institutional safeguard to protect settlements and support them being durable and final Finlayson s intention was that the Post Settlement Commitment Unit on completion of settlements would replace the Office of Treaty Settlements 21 The register was created and Finlayson states of the register By the time I left office over 7000 commitments had been entered into various deeds of settlement 21 In 2018 the Post Settlement Commitment Unit was incorporated into a new Crown agency Te Arawhiti Office for Maori Crown Relations 21 25 The web portal Te Haeata was created in 2019 as a searchable record by arms of the Crown to find Treaty settlement commitments as recorded in deeds of settlement and government legislation 26 Settlements of the 1990s editSealord edit The Treaty guaranteed to Maori their lands forests and fisheries Over time however New Zealand law began to regulate commercial fisheries so that Maori control was substantially eroded To resolve this grievance in 1989 an interim agreement was reached The Crown transferred 10 percent of New Zealand s fishing quota some 60 000 tonnes together with shareholdings in fishing companies and 50 million in cash to the Waitangi Fisheries Commission This commission was responsible for holding the fisheries assets on behalf of Maori until an agreement was reached as to how the assets were to be shared among tribes In 1992 a second part of the deal referred to as the Sealord deal marked full and final settlement of Maori commercial fishing claims under the Treaty of Waitangi This included 50 of Sealord Fisheries and 20 of all new species brought under the quota system more shares in fishing companies and 18 million in cash In total it was worth around 170 million 27 This settlement was undertaken under the leadership of the Hon Matiu Rata and Dr George Habib 28 Waikato Tainui Raupatu edit Main article Waikato Raupatu Claims Settlement Act 1995 The first major settlement of historical confiscation or raupatu claims was agreed in 1995 Waikato Tainui s confiscation claims were settled for a package worth 170 million in a mixture of cash and Crown owned land The settlement was accompanied by a formal apology as part of the claims legislation granted Royal assent by Queen Elizabeth II in person during her 1995 Royal tour of New Zealand The Crown apologised for the Invasion of the Waikato and the subsequent indiscriminate confiscation of land Ngai Tahu edit Ngai Tahu s claims covered a large proportion of the South Island of New Zealand and related to the Crown s failure to meet its end of the bargain in land sales that took place from the 1840s 29 Chris Finlayson was one of the lawyers working for Ngai Tahu during the mid 1990s as the negotiations were taking place he states a litigious approach was used and was needed to keep things moving The settlement deed was signed in 1997 in Kaikōura 30 Ngai Tahu sought recognition of their relationship with the land as well as cash and property and a number of novel arrangements were developed to address this Among other things Ngai Tahu and the Crown agreed that Mt Cook would be formally renamed Aoraki Mount Cook and returned to Ngai Tahu to be gifted back to the people of New Zealand Settlements of the 2000s editThe process of negotiating historical claims continued after the 1999 election and the subsequent change in government without radical change to government policy The models developed for the early settlements remain a strong influence The first Labour Minister of Treaty Negotiations was Margaret Wilson On her appointment as Speaker of the House in early 2005 she was followed in the role by Mark Burton He was replaced by Deputy Prime Minister Michael Cullen in November 2007 In June 2008 the Crown and representatives from seven Maori tribes signed an agreement relating to Crown forest land that was dubbed Treelords by the media 31 because of perceived similarities to the Sealord deal of the 1990s Like Sealord it relates to a single issue but covers multiple tribes The agreement contains only financial redress on account against comprehensive settlements to be negotiated with each tribe within the Collective The agreement is the largest to date by financial value at NZ 196 million worth of forest land in total including the value of the Affiliate Te Arawa Iwi and hapu share In addition but not counted by the government as part of the redress package the tribes will receive rentals that have accumulated on the land since 1989 valued at NZ 223 million 32 By July 2008 there were 23 settlements of various sizes 33 In November 2008 Chris Finlayson a Wellington based lawyer with experience in Treaty claims with Ngai Tahu was appointed Minister for Treaty Negotiations following the National Party victory in the 2008 election Between 2008 and 2017 Finlayson was credited with helping to resolve 60 Treaty settlements 34 As well as the much publicised land and financial compensation many of these later settlements included changing the official place names This introduced significant numbers of macrons into official New Zealand place names for the first time 35 List of Treaty Settlements editThis list is incomplete you can help by adding missing items February 2022 Claimant group Year lodged Deed signed Act enactment date Some details on settlements Ref Commercial Fisheries 1992 Treaty of Waitangi Fisheries Claims Settlement Act 1992 NZ 170 million 36 37 Ngati Rangiteaorere 1993 Reserves and Other Lands Disposal Act 1993 Te Ngae Mission Farm Tikitere 38 Hauai 1993 Reserves and Other Lands Disposal Act 1995 39 Ngati Whakaue 1994 Waikato Tainui Raupatu 1995 Waikato Raupatu Claims Settlement Act 1995 40 NZ 170 million 36 40 Waimakuku 1995 Rotoma 1996 Te Maunga 1996 Ngai Tahu 1997 Ngai Tahu Claims Settlement Act 1998 41 42 NZ 170 million 36 Second major settlement 30 1 2 Ngati Turangitukua 1998 Ngati Turangitukua Claims Settlement Act 1999 43 43 Pouakani 1999 Pouakani Claims Settlement Act 2000 44 NZ 2 million 30 44 Te Uri o Hau 2000 Te Uri o Hau Claims Settlement Act 2002 45 45 Ngati Ruanui 2001 Ngati Ruanui Claims Settlement Act 2003 46 Ngati Tama 2001 Ngati Tama Claims Settlement Act 2003 47 Ngati Awa including ancillary claims 1988 48 2003 Ngati Awa Claims Settlement Act 2005 49 NZ 42 3 million 36 Through Ngati Manawa and Ngati Whare settlements membership of Rangitaiki Rover Forum 30 Ngati Tuwharetoa Bay of Plenty 2003 Ngati Tuwharetoa Bay of Plenty Claims Settlement Act 2005 48 Nga Rauru Kitahi 2003 Te Arawa Lakes 2004 Te Arawa Lakes Settlement Act 2006 50 Transferred ownership of 13 lakebeds and established a joint organisation to improve the lakes Rotorua Lakes Strategy Group a joint committee between Te Arawa Bay of Blenty Regional Council and Rotorua District Council 30 51 Ngati Mutunga 2005 Ngati Mutunga Claims Settlement Act 2006 52 Te Roroa 2005 Te Roroa Claims Settlement Act 2008 53 Te Arawa Affiliate Iwi and hapu 2008 Affiliate Te Arawa Iwi and hapu Claims Settlement Act 2008 54 Central North Island Forests Iwi Collective 55 2008 Central North Island Forests Land Collective Settlement Act 2008 56 This settlement was with the following iwi Ngai Tuhoe Ngati Manawa Ngati Rangitihi Ngati Tuwharetoa Ngati Whakaue Ngati Whare Raukawa and the Affiliate Te Arawa Iwi Hapu 30 Taranaki Whanui ki Te Upoko o Te Ika 2008 Port Nicholson Block Taranaki Whanui ki Te Upoko o Te Ika Claims Settlement Act 2009 57 Waikato Tainui 2009 Waikato Tainui Raupatu Claims Waikato River Settlement Act 2010 58 Ngati Apa Ngati Apa North Island Claims Settlement Act 2010 59 Whanganui Iwi Whanganui Kaitoke Prison and Northern Part of Whanganui Forest On account Settlement Act 2011 60 Ngati Manawa 2003 61 2009 61 Ngati Manawa Claims Settlement Act 2012 62 Four sites vested jointly in Te Runanga o Ngati Manawa and Te Runanga o Ngati Whare Te Tapiri pa Okarea pa Te Rake pa and Hinamoki pa battle site 61 Ngati Whare 2009 Ngati Whare Claims Settlement Act 2012 63 Ngati Pahauwera 2010 Ngati Pahauwera Treaty Claims Settlement Act 2012 64 Ngati Porou 2010 Ngati Porou Claims Settlement Act 2012 65 NZ 90 million 36 including Crown forestry rental and cultural redress 30 Maraeroa A and B Blocks Claims Settlement Act 2012 66 Ngati Makino 2011 Ngati Makino Claims Settlement Act 2012 67 Rongowhakaata Claims Settlement Act 2012 68 Ngai Tamanuhiri 2011 Ngai Tamanuhiri Claims Settlement Act 2012 69 Te Aupōuri 2012 2015 Te Oneroa a Tōhe Ninety Mile Beach Co Governance 30 Raukawa 2012 2014 30 Ngati Ranginui 2012 30 Tamaki Makaurau Collective 2012 2014 30 Ngati Whare 2012 Ngati Whare Settlement Claims Act 2012 Ahuriri Hapu 2016 70 Central Whanganui Te Korowai o Wainuiarua 2018 70 Ngati Maru Taranaki 2020 71 Ngati Maniapoto 2020 71 Waikato Tainui terms of negotiation 2020 71 Ngati Rangitihi 2020 71 Ngati Ruapani 2020 71 Te Akitai Waiohua 2011 2021 71 Ngati Maru Taranaki 2021 71 Ngati Paoa 2021 71 Mōkai Patea 2021 71 Ngati Kahungunu ki Wairarapa Tamaki nui a Rua 2021 71 Maniapoto 2021 A Maniapoto Claims Settlement Bill was published in 2021 72 71 Whakatōhea 2021 71 Ngati Mutunga o Wharekauri 2022 Ngati Mutunga o Wharekauri and the Crown signed an agreement to settle historical Treaty claims relating to the annexation of the Chatham Islands 73 74 Mana Motuhake and the Treaty editWaitangi Tribunal s Te Paparahi o te Raki inquiry edit The Waitangi Tribunal in Te Paparahi o te Raki inquiry Wai 1040 75 is in the process of considering the Maori and Crown understandings of He Whakaputanga o te Rangatiratanga the 1835 Declaration of Independence and Te Tiriti o Waitangi the Treaty of Waitangi 1840 This aspect of the inquiry raises issues as to the nature of sovereignty and whether the Maori signatories to the Treaty of Waitangi intended to transfer sovereignty 76 The first stage of the report was released in November 2014 and found that Maori chiefs in Northland never agreed to give up their sovereignty when they signed the Treaty of Waitangi in 1840 Although the Crown intended to negotiate the transfer of sovereignty through the Treaty the chiefs understanding of the agreement was they were only ceding the power for the Crown to control Pakeha and protect Maori 77 A month before the report s official release a letter was sent to Te Ururoa Flavell Minister for Maori Development to notify him of the Tribunal s conclusion It was signed by Maori Land Court judge Craig Coxtead 78 Below is a brief excerpt We have concluded that in February 1840 the rangatira who signed te Tiriti did not cede their sovereignty That is they did not cede their authority to make and enforce law over their people or their territories rather they agreed to share power and authority with the Governor They agreed to a relationship one in which they and Hobson were to be equal equal while having different roles and different spheres of influence in essence rangatira retained their authority over their hapu and territories while Hobson was given authority to control Pakeha Report on Stage 1 of the Te Paparahi o Te Raki inquiry Waitangi Tribunal November 2014 page 23Tribunal manager Julie Tangaere said at the report s release to the Ngapuhi claimants Your tupuna ancestors did not give away their mana at Waitangi at Waimate at Mangungu They did not cede their sovereignty This is the truth you have been waiting a long time to hear 77 In terms of mana motuhake He Whakaputanga creating a Maori state and government in 1835 and or Te Tiriti o Waitangi and those who did not sign anything thus maintaining mana motuhake 79 In relation to the former a summary report entitled Ngapuhi Speaks of evidence presented to the Waitangi Tribunal concluded that Ngapuhi did not cede their sovereignty The Crown had recognised He Whakaputanga as a proclamation by the rangatira of their sovereignty over this country The treaty entered into by the rangatira and the Crown Te Tiriti o Waitangi followed on from He Whakaputanga establishing the role of the British Crown with respect to Pakeha The treaty delegated to Queen Victoria s governor the authority to exercise control over hitherto lawless Pakeha in areas of hapu land allocated to the Queen The Crown s English language document referred to as the Treaty of Waitangi was neither seen nor agreed to by Ngapuhi and instead reflects the hidden wishes of British imperial power 80 Non Signatory iwi and hapu edit Ngati Tuwharetoa academic Hemopereki Simon outlined a case in 2017 using Ngati Tuwharetoa as a case study for how hapu and iwi that did not sign the Treaty still maintain mana motuhake and how the sovereignty of the Crown could be considered questionable 79 This work builds on the Te Paparahi o te Raki inquiry Wai 1040 decision by the Waitangi Tribunal Criticisms editThe Treaty settlement process has attracted criticisms since it began The fiscal envelope decision by the Government in 1994 had a consultation period in which most Maori overwhelmingly rejected the policy and sparked protests throughout New Zealand 81 82 The criticism was about the non negotiable element of a fiscal cap as well as the amount 1 billion when Crown valuers assessed that the 1990 dollar loss to just Ngai Tahu was between 12 billion and 15 billion and the context of Government spending for example the annual spending in 2018 excluding capital investment was about 87 billion 83 84 85 The Government settlement process has since 1999 focused mostly on negotiating settlements with iwi or large natural groupings which has been criticised as not seeking the most appropriate social structures for resolving historical Treaty breaches 86 Politicians critical include Winston Peters from New Zealand First suggesting in 2002 that too many claims were being allowed The ACT party criticised the process and the concept that no amount of money can undo past wrongs 87 88 89 90 Public Access New Zealand and the One New Zealand Foundation were lobby groups formed to oppose the aspects of Treaty settlements 90 91 The Orewa Speech in 2004 saw the National Party for the first time take up the term Treaty of Waitangi Grievance Industry National s Maori Affairs spokeswoman Georgina te Heuheu who was Associate Minister to Sir Douglas Graham was replaced in the role by Gerry Brownlee Specific criticism that members of the National Party have made against settlements is that they are not being negotiated quickly enough that insufficient attention is being given to ensure that claimant negotiators have the support of their people 92 and that settlement legislation is giving inappropriate weight to the spiritual beliefs of Maori 93 In 2005 the Maori Party and Green Party both criticised Treaty settlements on the grounds that the Crown has too much power in negotiations that settlements negotiated at an iwi level ignore the rights of hapu clans or subtribes and that settlement redress is too parsimonious 94 While some disagreement remains parties unanimously supported the legislation to implement the Te Roroa Affiliate Te Arawa and Central North Island settlements which were passed in September 2008 95 Not addressing overlapping interests in claims early in the process is a criticism made in 2019 over the Pare Hauraki Treaty settlement a criticism made by Ngati Wai and acknowledged by Treaty Negotiations Minister Andrew Little as a failing in the process 96 Academic Linda Te Aho Associate Professor Te Piringa Faculty of Law University of Waikato summarises criticisms of the Treaty settlement processes as being too heavily weighted in the government s favour not enough compensation for losses and that the process pits Maori against Maori 97 Research conducted by academics Professor Margaret Mutu and Dr Tiopira McDowell of the University of Auckland found that the purpose of the settlements was to extinguish claims so that claimants cannot have State Owned Enterprise and Crown Forest lands returned to them through binding recommendations 98 They also interviewed more than 150 claimants and negotiators and found that the process has traumatized claimants divided their communities and returned on average less than one percent of their stolen lands with negotiators and claimants reporting that despite what settlement legislation may say the settlements are not full not fair and not final and that like all previous settlements they will be revisited the Crown adopts divide and rule tactics and pursues them ruthlessly there is no negotiation the Crown dictates Public servants and ministers frequently mislead claimants and misrepresent facts in order to entice claimants into negotiations and then push settlements through Negotiators frequently report being bullied by public servants and Crown agents and many report having settled under duress As a result many do not accept Crown apologies as they are meaningless 99 Academic Carwyn Jones in his PhD published in 2016 by UBC Press Vancouver is critical of The Treaty of Waitangi settlement process as undermining Maori legal traditions and sees this as impeding the reconciliation of Maori law with the New Zealand legal system 100 References edit a b c New Zealand history online The Treaty in brief NZHistory govt nz New Zealand Ministry for 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Zealand Foundation Inc onenzfoundation co nz Archived from the original on 4 April 2019 Retrieved 10 April 2019 Brownlee suspicious about settlement timing Press release National Party 5 September 2005 Archived from the original on 13 November 2005 Retrieved 15 August 2006 Mapp Wayne 1 March 2005 Ngati Awa Claims Settlement Bill in Committee Speech Hansard Retrieved 15 August 2006 dead link Berry Ruth Stokes Jon 1 September 2005 Call for bigger treaty settlements The New Zealand Herald Archived from the original on 17 March 2016 Retrieved 15 August 2006 Largest ever Treaty deal Treelords passes into law The New Zealand Herald 25 September 2008 Archived from the original on 22 May 2011 Retrieved 19 November 2008 Waitangi Tribunal s Hauraki treaty settlement criticisms a step forward iwi RNZ 18 December 2019 Retrieved 8 February 2022 Te Aho Linda 2017 The false generosity of treaty settlements Innovation and contortion In Erueti Andrew ed International indigenous rights in Aotearoa New Zealand Wellington New Zealand Victoria University Press pp 99 117 ISBN 978 1776560486 McDowell Tiopira Diverting the Sword of Damocles Why did the Crown Choose to Settle Maori Historical Treaty Claims 2018 Australian Journal of Politics and History 64 4 Mutu Margaret The Treaty Claims Settlement Process in New Zealand and its Impact on Maori 2019 Land 8 152 https www mdpi com 2073 445X 8 10 152 Jones Carwyn 2017 New Treaty New Tradition Reconciling New Zealand and Maori Law Vancouver UBC Press ISBN 9780774831697 Further reading editGraham Douglas 1997 Trick or Treaty Wellington Institute for Governance and Policy Studies at Victoria University of Wellington ISBN 0 908935 24 2 Orange Claudia 2004 An Illustrated History of the Treaty of Waitangi Wellington Bridget Williams Books Michael Belgrave Merata Kawharu David Vernon Williams eds 2005 Waitangi Revisited Perspectives on the Treaty of Waitangi Melbourne Oxford University Press ISBN 0 19 558400 7 Simon Hemopereki 2017 Te Arewhana Kei Roto i Te Ruma An Indigenous Neo Disputatio on Settler Society Nullifying Te Tiriti Natural Resources and Our Collective Future in Aotearoa New Zealand Te Kaharoa 9 1 https www tekaharoa com index php tekaharoa article view 6 4 Janine Hayward and Nicola R Wheen eds Treaty of Waitangi Settlements Wellington Bridget Williams Books Malcolm Mulholland and Veronica Tawhai 2017 Weeping Waters The Treaty of Waitangi and Constitutional Change Wellington Huia Katarina Gray Sharp and Veronica Tawhai 2011 Always Speaking The Treaty of Waitangi and Public Policy Wellington Huia Jones Carwyn 2017 New Treaty New Tradition Reconciling New Zealand and Maori Law Vancouver UBC Press Te Aho Linda 2017 The false generosity of treaty settlements Innovation and contortion In Erueti Andrew ed International indigenous rights in Aotearoa New Zealand Wellington New Zealand Victoria University Press pp 99 117 ISBN 978 1776560486 McDowell Tiopira 2018 Diverting the Sword of Damocles Why did the Crown Choose to Settle Maori Historical Treaty Claims Australian Journal of Politics and History 2018 64 4 pp 592 607 https doi org 10 1111 ajph 12517 Mutu Margaret 2019 The Treaty Claims Settlement Process in New Zealand and its Impact on Maori Land 8 10 152 https www mdpi com 2073 445X 8 10 152External links editKey Maori claims New Zealand Herald Retrieved from https en wikipedia org w index php title Treaty of Waitangi claims and settlements amp oldid 1221102436, wikipedia, wiki, book, books, library,

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