Rapua ngā tuhinga ruku tātari

At the end of March 2004, the Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Māori Affairs recognised the deed of mandate of the executive council of Nga Kaihautu o Te Arawa to negotiate the settlement of all of Te Arawa’s historical claims. Following that decision, claims concerning the planned settlement negotiations and the recognition of the mandate were filed with the Waitangi Tribunal and the claims were granted urgency. Judge Caren Wickliffe, John Baird, and Gloria Herbert were appointed to hear the claims (with Judge Wickliffe presiding), and a hearing was held in Rotorua in late June 2004. The Te Arawa Mandate Report was released in September 2004.

The report found that the Crown failed to carry out a sufficiently active role in monitoring and scrutinising the Te Arawa mandating process, or in assessing the executive council’s deed of mandate. The Tribunal concluded that issues of representivity and accountability with respect to the executive council had not been thoroughly or fully resolved.

However, the Tribunal stopped short of upholding the claims per se or finding that the Crown acted in breach of the Treaty causing prejudice, since an opportunity remained for matters to be put to right. The Crown had also indicated that it wanted to review the process by which the executive council’s mandate was achieved.

The Tribunal thus suggested that a hui be held of Te Arawa iwi and hapu representatives (elected members of the kaihautu) to debate and vote on issues such as the number of groups to be represented on the executive council, the proportionality of seats across the iwi and hapu, and the question of the degree of accountability of the executive council to the kaihautu.

The Tribunal stated that not only would the Crown be in breach of the Treaty if it made an inadequate response to the Tribunal’s suggested course of action but it would also risk promoting entrenched division within Te Arawa between the executive council and its opponents. Leave was granted to the claimants to return to the Tribunal if the Crown’s response was in fact inadequate.

The Tribunal also made some specific comments about particular iwi and hapu, such as finding that, many years after undertaking to do so, the Crown was both legally and morally obligated to enter into separate negotiations with Ngati Makino. The Tribunal found that this should occur at the same time as the negotiations with the rest of Te Arawa, and that, if Ngati Makino agreed, Waitaha should be invited to join these negotiations.

Finally, the Tribunal noted that claims such as those concerning the Te Arawa mandate would continue to be heard by the Tribunal from time to time. It thus provided some suggested best-practice guidelines which could be used by the Crown and Māori should they wish to develop a Treaty-compliant process for the recognition of mandates to negotiate settlements.

In the months following the release of the Te Arawa Mandate Report in August 2004, several requests for a resumption of the inquiry were made by claimants, on the grounds that the Crown had failed to make an adequate response to the Tribunal's suggestions.

In December 2004, the Tribunal agreed to resume the inquiry. A one day hearing was held on 12 January 2005. The Tribunal reported on the January 2005 hearing in the Te Arawa Mandate Report: Te Wahanga Tuarua, released in March 2005.

At the end of March 2004, the Minister in Charge of Treaty of Waitangi Negotiations and the Minister of Māori Affairs recognised the deed of mandate of the executive council of Nga Kaihautu o Te Arawa to negotiate the settlement of all of Te Arawa’s historical claims. Following that decision, claims concerning the planned settlement negotiations and the recognition of the mandate were filed with the Waitangi Tribunal and the claims were granted urgency. Judge Caren Wickliffe, John Baird, and Gloria Herbert were appointed to hear the claims (with Judge Wickliffe presiding), and a hearing was held in Rotorua in late June 2004. The Te Arawa Mandate Report was released in September 2004.

The report found that the Crown failed to carry out a sufficiently active role in monitoring and scrutinising the Te Arawa mandating process, or in assessing the executive council’s deed of mandate. The Tribunal concluded that issues of representivity and accountability with respect to the executive council had not been thoroughly or fully resolved.

However, the Tribunal stopped short of upholding the claims per se or finding that the Crown acted in breach of the Treaty causing prejudice, since an opportunity remained for matters to be put to right. The Crown had also indicated that it wanted to review the process by which the executive council’s mandate was achieved.

The Tribunal thus suggested that a hui be held of Te Arawa iwi and hapu representatives (elected members of the kaihautu) to debate and vote on issues such as the number of groups to be represented on the executive council, the proportionality of seats across the iwi and hapu, and the question of the degree of accountability of the executive council to the kaihautu.

The Tribunal stated that not only would the Crown be in breach of the Treaty if it made an inadequate response to the Tribunal’s suggested course of action but it would also risk promoting entrenched division within Te Arawa between the executive council and its opponents. Leave was granted to the claimants to return to the Tribunal if the Crown’s response was in fact inadequate.

The Tribunal also made some specific comments about particular iwi and hapu, such as finding that, many years after undertaking to do so, the Crown was both legally and morally obligated to enter into separate negotiations with Ngati Makino. The Tribunal found that this should occur at the same time as the negotiations with the rest of Te Arawa, and that, if Ngati Makino agreed, Waitaha should be invited to join these negotiations.

Finally, the Tribunal noted that claims such as those concerning the Te Arawa mandate would continue to be heard by the Tribunal from time to time. It thus provided some suggested best-practice guidelines which could be used by the Crown and Māori should they wish to develop a Treaty-compliant process for the recognition of mandates to negotiate settlements.

In the months following the release of the Te Arawa Mandate Report in August 2004, several requests for a resumption of the inquiry were made by claimants, on the grounds that the Crown had failed to make an adequate response to the Tribunal's suggestions.

In December 2004, the Tribunal agreed to resume the inquiry. A one day hearing was held on 12 January 2005. The Tribunal reported on the January 2005 hearing in the Te Arawa Mandate Report: Te Wahanga Tuarua, released in March 2005.