Hauraki Treaty Settlement 
Thursday, January 19, 2017 at 11:48AM
Bill Barclay

I have obtained a copy of the Treaty Settlement document - initialed 22nd December.


It could be announced at any point from now on.

It is well worth a read - the index should take yuu to the relevant clauses that are likely to give rise to major concerns.

I will refrain from making substantive comments on the document this stage.

Remember that this is a Settlement between the Crown and Hauraki iwi, and that there is no public input required, or sought. The inability of the Crown to implement any parts of the Settlement through legal intervention could trigger a number of undesirable consequences.

That does not prevent debate , or discussion of just what Hauraki iwi have achieved with this settlement that appears on first examination to break entirely new ground, and set a new standard for future settlements. What this reflects in my opinion is the remarkable negotiating skill-set of their legal advisor - Paul Majaury.

The negotiating team may have taken an inordinate time to arrive a a Settlement, by by golly, they appear to have achieved just about everything on land and water that they could possibly have sought. On the other hand, it could simply indicate the utter weakness of the Government's Ofice of Treaty Settlement team - take your pick.

The implementation of the Gulf Forum Recommendations will see a parallel set of conditions put in place that will inevitably lead to significant, costly and overlapping jurisdictions involving a multitude of new iwi and Government agencies - the former having the upper hand in almost every case.

I don't think that many residents have any idea of what lies ahead - they better familiarise themselbves with the content of this document without delay, and determine just what can be done in order to collaborate with the new circumstance, or attempt to preserve any existing right.

Co-governance, based on 50:50 arrangements, but with provisions that appear to be designed to tip the balance towards iwi are predominant features of governance over both sea and land. This is not some mischievous interpretation on my part - it is a simple fact of the matter. 

Interpretation of the Settlement will follow its release when we are able to analyse the Ministerial Commentary that should accompany the document as tagged above and for which an Acrobat Reader is required.


Article originally appeared on BillBarcBlog (http://billbarclay.co.nz/).
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