5. TE URUROA FLAVELL (Māori Party—Waiariki) Link to this
to the Minister in Charge of Treaty of Waitangi Negotiations
E whakaponoana a ia ki ngākaimahi o Te TariWhakatau take e Pāana ki te Tiriti o Waitangi me te Tari Ture o te Karauna kei te tohutohui a ia mōngāwhakataungairaroi te Tiriti, irunga hoki ingāpatapatai a Carrie Wainright te heamanatuarua, tiati hoki o te Taraipiunara o Waitangi e whakawāanaingātono a NgātiWhātua, arā, he aha ai “itawhitia”, “iwhakarapaina” rāneiētahipepawhaimana, ā, “he mahi kanga, he mahi whakahāweaēneiingākaitono”?
[Does he have confidence in the staff from the Office of Treaty Settlements and the Crown Law Office, who advise him on Treaty settlements, in light of questions from the Deputy Chairperson of the Waitangi Tribunal, Judge Carrie Wainwright, in the case of the NgatiWhatua o Orakei Treaty of Waitangi claim as to why documents were “overlooked”; why several historical assessments and internal memos were “withheld”, which left “claimants insulted and disregarded”?]
Hon MARK BURTON (Minister in charge of Treaty of Waitangi Negotiations) Link to this
Yes. I am assured that the decision about the provision of documents was made as a genuine exercise of judgment and in good faith. I cannot say that I have the same confidence in the cut-and-paste question the member put together, and in the quotes that were taken out of context and that misrepresented what the judge actually said on three different occasions, at three different times.
Te Ururoa Flavell Link to this
What consideration has been given to removing the Office of Treaty Settlements from the Ministry of Justice and placing it within the Prime Minister’s office, to ensure that an all-of-Government approach is achieved in Treaty settlements; if there has been none, why not?
No consideration has been given to that, because an all-of-Government approach is taken to Treaty settlements.
Christopher Finlayson Link to this
Is the Minister aware of the statement made by the previous Minister in charge of Treaty of Waitangi Negotiations, the Hon Margaret Wilson, that the Government would pay special attention to cross-claim issues; if so, how does withholding from an urgent hearing of the Waitangi Tribunal advice by senior policy analyst Peter Hodge that “lack of commitment to conferring with cross-claimants is a serious concern”, and that the Crown’s negotiating behaviour involves “considerable legal risk for both parties”, enhance trust among cross-claimant parties towards the Crown?
Because, as I said to the member, amongst the nearly 250 documents that the Crown released through the Office of Treaty Settlements and the Crown Law Office, the documents he refers to were not initially considered to be relevant to the inquiry, as their primary content was considered to be either outside the scope of the inquiry or significantly superseded by later advice in documents.
Pita ParaoneWhat assurances can the Minister give that previously settled Treaty claims have not been affected by the Crown’s withholding and suppressing relevant documents, and what redress is available to claimants if such actions have taken place?
I can certainly assure the member that, as in this case, the officials have acted in good faith. I take some confidence from Judge Wainwright’s view that notwithstanding this, the tribunal will proceed because it is clearly of the view that this will not materially undermine the decision.
Te Ururoa Flavell Link to this
What thought has been given towards establishing an independent settlements authority, which would overcome the problems described by lawyer Paul Majurey of a two-way Crown view, to ensure that justice is not only done but seen to be done?
Te Ururoa Flavell Link to this
Is the Minister aware of comments from the deputy chair of the tribunal, Carrie Wainwright, that Crown Law was playing games with the disclosure process, and of the response from Crown Law staff member Virginia Hardy that there had been an error of judgment, and is he prepared to tolerate such errors of judgment as par for the course of the Treaty settlement process; if so, why?
Hon Tony RyallOh, for goodness’ sake. Mr Ryall should grow up. No error is ever desirable, but I suggest to the member that any organisation that could claim never to have an error in judgment, let alone an error of any sort, simply is not credible. What I can say is that I have confidence of a very high standard of work, and a high commitment to ethical behaviour, on behalf of that organisation.
Te Ururoa Flavell Link to this
I seek leave to table an article of 27 April 2007 entitled “Two-way Crown view adds to Treaty delay”.
Te Ururoa Flavell Link to this
I seek leave also to table an article of 5 May 2007: “Flak flies over Treaty secrets” in the New Zealand Herald.
Madam SPEAKER