Guidance for Claimants
Assistance with Settlement Negotiations
These resources provide information on the Treaty settlement process to enable Maori to negotiate their claim effectively. Included in this section are economic models and commercial frameworks which can assist claimant groups in the settlement of their claims.
Maximising Value of Returned Crown Forest Licensed Land
This advice outlines options to maintain and increase commercial value from the ongoing management of returned Crown forest licensed land.
Download Maximising Value of Returned Crown Forest Licensed Land ( pdf,200Kb)
Models for Collective Forest Management
This paper discusses models for collective management where there are multiple owners of resumed Crown forest licensed land. It discusses the advantages of collective management of resumed Crown forest licensed land in terms of lower transaction costs of doing business with both commercial counterparties and government agencies. The paper then explores the potential organisational models that a joint venture could adopt.
Download Models for Collective Forest Management ( pdf,516Kb)
Aratohu mo nga Ropu Kaitono
Guide for Claimants Negotiating Treaty Settlements
Te Aratohu has been prepared specifically to support claimant leaders and negotiators who are yet to initiate negotiations with the Crown on Treaty settlements or who are currently in negotiations with the Office of Treaty Settlements.
Te Aratohu covers the whole process of settlement negotiations from early preparation for settlement negotiations through to the signing of a Deed of Settlement and the subsequent transfer of settlement assets. Its purpose is to minimise the cost and delays caused by claimants of going over old ground as well as reducing the need for dependence and reliance on others during the various phases of the Crown settlement negotiations process.
Te Aratohu was written by professionals in the Treaty sector and claimants with settlement negotiation experience. Many others have contributed by way of peer review of its content and the production and publication of Te Aratohu. Their collective contributions have been invaluable resulting in a high quality publication.
Download Guide for Claimants (.pdf, 1.32Mb)
Below are the chapters of Te Aratohu.
Front Cover (.pdf,256Kb)
Preliminaries- Table of Contents, Foreword-Chief Executive (.pdf,52Kb)
Chapter 1- Introduction (.pdf,45Kb)
Chapter 2- Crown Forestry Rental Trust (.pdf,49Kb)
Chapter 3- Early Preparation (.pdf,142Kb)
Chapter 4- Deed of Mandate (.pdf,179Kb)
Chapter 5- Negotiating a Settlement (.pdf,96Kb)
Chapter 6- Terms of Negotiation (.pdf,147Kb)
Chapter 7- Settlement Redress (.pdf,89Kb)
Chapter 8- Historical Account, Crown Acknowledgement, Crown Apology (.pdf,101Kb)
Chapter 9- Cultural Redress (.pdf,193Kb)
Chapter 10- Financial and Commercial Redress (.pdf,162Kb)
Chapter 11- Post-settlement Governance Entity (.pdf,226)
Chapter 12- Ratification (.pdf,65Kb)
Chapter 13- Settlement Legislation (.pdf,58Kb)
Chapter 14- Settlement Implementation (.pdf,34Kb)
Glossary of Terms (.pdf,35Kb)
Back Cover (.pdf,273Kb)
Te Aratohu Summary Edition
This summary version of Te Aratohu mo nga Ropu Kaitono - Guide for Claimants Negotiating Treaty Settlements contains a lot less information that the comprehensive guide. Readers wanting a more detailed exposition and all those who intend to embark on a negotiation process with the Crown should read the full Guide above.
Download Summary Guide for Claimants (.pdf, 428Kb)
The Economics of Selecting Crown Forest
The Trust has recently commissioned two economic reports on the viability of selecting Crown forest licensed land as part of a claimant groups redress package. These will assist settlement groups to assess the current commercial potential and future opportunities of alternative land uses on Crown forest licensed land. The first report below provides a comparative analysis between pastoral and forestry enterprises. There is a companion report below on the New Zealand Emissions Trading Scheme (NZ ETS) and how it applies to Crown forest licensed land.
The Trust believes that these reports will provide claimant groups with a comprehensive introduction to the impacts of the New Zealand Emissions Trading Scheme (NZ ETS) on Crown forest licensed land, including the potential for claimant groups to have New Zealand Emissions Trading Scheme (NZ ETS) obligations as future owners of the land, and on the economics of alternative enterprises and land uses. While claimant groups always need to consider the specific circumstances relating to their own claims, these reports will assist claimant groups to seek the necessary information during the negotiation stage, and ultimately make informed decisions on the merits of selecting Crown forest licensed land as part of their commercial redress package.
Economics of Alternative Land Use on Crown Forest
This report provides a comparative analysis of the economics of a number of pastoral enterprises with that of forestry taking into account the impacts of the New Zealand Emissions Trading Scheme (NZ ETS). It also briefly looks at commercial options for the future management of Crown forest licensed land.
Download Economics of Alternative Land Use on Crown Forest Licensed Land (.pdf, 324Kb)
Impacts of the New Zealand Emissions Trading Scheme on Crown Forest
This report discusses how the New Zealand Emissions Trading Scheme (NZ ETS) works and how it applies to Crown forest licensed land. It is important that claimant groups properly understand and assess the impact of the New Zealand Emissions Trading Scheme (NZ ETS) on Crown forest licensed land as they negotiate their settlement packages.
Download Impacts of the New Zealand Emissions Trading Scheme on Crown Forest Licensed Land (.pdf, 278Kb)
Economics of Treaty Settlements
A key consideration of settlement negotiations is the resources which are required to run an effective and functioning post-settlement governance entity. The governance entity established to receive the settlement assets has a number of statutory functions to perform at settlement. Beneficiaries also have expectations of benefits accruing to them by way of grants and opportunities. These functions and beneficiary expectations cost money. The question of what the minimum income-generating quantum is claimants can (or should) accept which can operate a governance entity established to receive settlement assets. Put another way, what income is required to support an economically sustainable post-governance settlement entity?
Another important issue that claimants are faced with is the level of redress on offer. There is an opportunity cost in not accepting the package, but what time should claimants draw the negotiations to a close?
These are important questions for claimants as they make decisions on whether to accept the Crown’s offer of redress. The Trust commissioned Business and Economic Research Ltd to prepare two reports and associated worksheets to assist claimant groups in decisions on the settlement package and the structure of their governance entity that will receive the assets.
Functions and Costs of Operating a Post-Settlement Governance Entity
The first report, Functions and costs of operating a post-settlement governance entity, presents the variables which make up the operating costs of a medium sized post-governance settlement entity. It models the fixed costs, the discretionary costs (ie the expectations of the beneficiaries for a range of grants and financial assistance to the iwi), and size of the commercial and financial redress package that would be required to support the functions of such an entity.
These reports and worksheet calculators below are available to claimants and other interested parties.
Download Functions and Costs of Operating a Post-Settlement Governance Entity (.pdf, 216kB)
Download Post-Settlement Governance Expenditure Calculator (.pdf, 33.5kB)
Cost benefit Analysis of Alternative Settlement Strategies
The second report, Cost benefit analysis of alternative settlement strategies, illustrates using a number of variables and assumptions a simple spreadsheet-based economic model of income generated by early settlement of quantum versus costs of income foregone and ongoing costs of continued settlement negotiations.
These reports and worksheet calculator below are available to claimants and other interested parties.
Download Cost benefit Analysis of Alternative Settlement Strategies (.pdf, 122kB)
Download Initial Settlement and Costs of Delayed Settlement Calculator (.pdf, 45.5kB)
A Framework for the Commercial Appraisal of Joining the CNI Iwi Collective Settlement
This report sets out a framework for commercial appraisal of the Central North Island Forests Iwi Collective Settlement.It may be used by a member of the Collective to appraise future commercial venture proposals developed by the Collective. Iwi who have claims on Crown forest licensed lands in other areas of the country will find this report a useful starting point when considering a collective settlement of assets along similar lines to that agreed for the CNI Forests Settlement.
Download A Framework for the Commercial Appraisal of Joining the CNI Iwi Collective Settlement ( pdf,336Kb)
Māori Experiences of the Direct Negotiations Process
This publication presents case studies and personal experiences of various negotiators involved with the negotiation process with the Crown to settle claims under the Treaty of Waitangi.
Māori Experiences Of The Direct Negotiation Process (.pdf,308 KB)
