15 February 2002 Media Release

MĀORI TO SWAP NOTES ON CLAIMS SETTLEMENT PROCESS

Māori groups who have pursued direct negotiations with the Crown on their treaty claims have agreed to share their experiences with others.

Six groups have agreed to participate in a research project which is being funded by the Crown Forestry Rental Trust. The project will produce a report which clarifies the Crown’s policy and requirements for direct negotiations, and reviews the experience of different groups as they moved towards settlement of their claims.

The six groups are Te Uri o Hau, from the northern Kaipara district; Rangitaane o Manawatu, in Palmerston North; Ngati Awa from the Whakatane area, and Te Atiawa, Ngati Tama and Ngati Ruanui, all from Taranaki.

CFRT project manager Dion Tuuta says the project is an attempt to share experiences, so other claimants can better plan how to pursue their claims.

“Direct negotiation is still a relatively unknown process for Māori. The Crown has built up a pool of experience and expertise, but claimants start as novices. Most are unaware of how much work is involved in reaching a Heads of Agreement, or a Deed of Settlement, or securing mandates, or getting legislation through Parliament. We hope this project will help claimants to assess their readiness for direct negotiations, and plan how to get the best outcome from the process.”

 “Most claimants now have a pretty good idea what Tribunal hearings involve, in terms of research and presenting evidence. But I think it is fair to say that most have little experience of the next part of the process, direct negotiation of the claims with the Crown.”

The first part of the project is a review of current Crown policy on negotiations, framed as a series of Frequently Asked Questions and answers. Intended as a type of ‘best practice guide’ for claimants, it is being carried out for the Crown Forestry Rental Trust by contract researchers.

In the second part, interviews with claimant negotiators will establish their views of the whole settlement process, what they’ve learned, their advice to others who may follow, and whether the process helped them lay their grievances to rest.

Dion says the project involves some delicate issues. “For example, the Crown requires claimants to negotiate in confidence,“ he said, “so participants will have the final say over what is published.”

Dion believes this project may also help the Crown, by clarifying for Māori what’s involved in negotiations, and giving some groups the confidence to follow that path.

Interviews are getting under way at present, and publication is scheduled for mid-year.