12. CHRISTOPHER FINLAYSON (National) Link to this
to the Minister in Charge of Treaty of Waitangi Negotiations
Does he have confidence in the Office of Treaty Settlements; if so, why?
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) Link to this
Yes, because it is my experience that the staff of the office are hard-working and conscientious.
Christopher Finlayson Link to this
Why has the Office of Treaty Settlements neglected or refused to talk to seven claimant groups with historical ties to lands claimed by NgātiWhatua?
I do not accept that the member’s assertion is correct, but it is clearly the case that in advancing to negotiation with a group that is ready it is not always possible, and indeed the tribunal itself has in the past advised that delays should not be visited upon those who are ready to negotiate whilst waiting for those who are not yet ready.
The Crown is currently working with over 20 groups, all dealing with multiple claims. Both the number of groups in negotiation and the number of claims they cover is higher now than in the last decade. Almost two-thirds of these groups have entered into negotiations since November 1999.
Te Ururoa Flavell Link to this
Kia ora, Madam Speaker. Kia ora tātou katoa. Has the Minister been advised that at the Te Arawa mandate hearing held on 9 March the Crown witness, when asked whether within the Office of Treaty Settlements it is a discretionary matter to advise the Minister of Waitangi Tribunal recommendations and their significance, the witness responded that “It is possibly regrettable that some matters were not put before the Minister.”, and can he advise now what matters were not put before him that might mitigate against any decisions made by the Waitangi Tribunal on issues of mandate and cross-claims?
It is my understanding that that exchange related to a specific matter in relation to advice the tribunal had given that there should be provision for hapū/iwi to enter into and withdraw from the mandated process. Whilst that specific item was not referred directly to my attention, none the less in a broader sense it was covered by numerous briefings. In fact, on a number of occasions during the course of that negotiation I agreed to both the inclusion and withdrawal of hapū/iwi from the process. So it had no material effect at all.
Hon Georgina te Heuheu Link to this
Does the Minister agree with the reported statement of the Prime Minister that the Office of Treaty Settlements had conducted “exhaustive consultation” around treaty claims in Tāmaki; if so, is it his position that “exhaustive consultation” now includes a refusal to talk with claimants?
No, but I suspect that the member is being very selective in her quotation and information. It is clear that my negotiations, and those of my officials, first and foremost focus on mandated negotiators. Secondly, an increasing number of discussions take place, pre-negotiation, with a wide range of groups. But at any given time a finite number of groups can be engaged with.
Hon Georgina te Heuheu Link to this
Why did the Office of Treaty Settlements tell the Waitangi Tribunal last week that NgātiWhātua was the only Auckland tribe willing to enter into negotiations with the Crown, when the Office of Treaty Settlements itself had earlier refused to enter into negotiations with other claimant groups, such as Marutūāhu?
I am not aware that the Office of Treaty Settlements made that statement precisely. But I am happy to receive a transcript, and I will get back to the member on the detail of her question.
Te Ururoa Flavell Link to this
Kia ora anōtātou. What advice did the Office of Treaty Settlements give to the Minister about the sale by Landcorp of 1.8 million Fonterra shares, worth $11.7 million, from the Ngātea farm, prior to any consideration of its being set aside for Hauraki Treaty settlements, and does he agree that this is just a continuation of the strategy of selling the Crown jewels; if not, why not?
I do not generally get advice on the sale of Fonterra shares, in relation to any matter. I am not the Minister for State Owned Enterprises, but in any event, at the time in which we will be engaged in mandated negotiations with Hauraki, detailed briefings around those matters that are relevant and pertinent to the negotiations will be forthcoming.