Negotiating with the Crown towards the settlement of historical Treaty of Waitangi breaches is never easy.

Claimant groups want to maximise the financial redress they can receive from the Crown. The Crown negotiator on the other hand is required to work within government settlement parameters which are not disclosed to claimants.

This can make the prospects of negotiating a settlement for claimants quite daunting.

The following are three key factors which the Crown will take into account when determining the amount they will offer to your claimant group:

  1. The amount of land alienated from your claimant group;
  2. The severity of the Treaty of Waitangi breaches which contributes to this alienation;
    • War and “raupatu” (or land confiscation) are seen as the most severe of Treaty of Waitangi breaches.
    • Non-raupatu grievances, such as Crown purchases, old lands claims, and the impact of native land laws are seen as less severe than other breaches of the Treaty.
  3. Present day population of the claimant group.

The ability to properly highlight the above three factors is likely to make a big difference in the amount they will offer your claimant group.

For more information on how to maximise your settlement amount please contact Peter Johnston on 0800 733 424.